Negotiating for lesser fine/no points

[Nicepants]

What is the name of your state? KS

I have a completely clean record. I had one ticket last year and completed a diversion program which here means that they won't prosecute that offense. (I assume that's how most states do it)

I received a speeding citation again recently which I am going to fight in court because there were no speed limit signs on the road which I was pulled over.

I have heard that people can negotiate for a smaller fine or less "points" and was wondering what I need to do in court for this. Could anyone give some pointers to a newbie? I've never even been in court before.

I have also heard that you can request records to require the prosecution to verify that the radar gun has been calibrated recently, etc. Would that help me?

Any suggestions greatly appreciated

 

[JETX]

How fast WERE you going??? Unless a higher limit is posted, the speed limit in Kansas is 30 mph.
http://www.nhtsa.dot.gov/people/injury/enforce/stspdlaw98/ksspeed.htm

 

[lwpat]

"because there were no speed limit signs on the road which I was pulled over."

All states that I am aware of have set speed limits depending on the nature of the road or based on JETX's post one statewide limit in KS. These are not requied to be posted are you are supposed to know what they are. I've never figured out how the average driver is supposed to find out, especially if he is from another state. In other words your defense won't work.

Call the court and see if you are eligible for traffic school. You can also check to see how often you are eligible for the diversion program. If you show up for court you may be able to negotiate a lesser fine/points. Get there early and see what happens with the others. It may be helpful to have a copy of your MVR showing that there are no other violations.

 

[Nicepants]

The speed limit on that stretch of road is 55MPh according to the officer. I discovered that it is a county road..however in the direction I was traveling there aren't any signs that signify that.

The officer also wrote the wrong statute on the ticket. I believe the citation cited me for violating the law which states that the speed limit in a residential area is 30 mph. I'm obviously not guilty of THAT violation...could my ticket be thrown out for that, or would they just correct it?

In negotiating for lesser fines/points...is this done with the judge or the prosecutor?

 

[abezon]

You plea bargain with the prosecutor. Depending on whether you think you can just beat the ticket, you can try to negotiate a guilty plea to a "non-moving violaton". These should not effect your insurance points. However, the fine is usually a little bigger thatn the speeding ticket. Call the ins co & ask what will happend to your rates if this ticket sticks.

You should also check if your previous ticket is completely gone or if you are still on some sort of deferred prosecution. In a deferred pros, you are on probation for a year or so & if you get another ticket in that time, you are instantly guilty of BOTH tickets and get the joy of paying both fines.

 

[Nicepants]

I had deferred prosecution. That ended the same month that I received this (NEW) ticket. However since the NEW ticket won't go on my record until I'm found guilty, the deferred prosecution thing worked & the older ticket was dropped.

I had to attend a traffic school for that other ticket.....I wonder if I could use the certificate from that to complete a deferrment thing for this ticket.

Do insurance rates usually go up with just one violation?

 

[lwpat]

"I had to attend a traffic school for that other ticket.....I wonder if I could use the certificate from that to complete a deferrment thing for this ticket."

Probably not. States vary in their requirements but your traffic school certificate would have to have a current date, not one a year old. Bringing up to older one may statrt them asking questions. Just call and see if they will allow school for this ticket.

"You plea bargain with the prosecutor. "

Actually I like to start with the officer because the prosecutor is usually just going to check with him before agreeing to anything. This also lets me know where he is and if he will appear. The prosecutor will go along with what the officer recommends.

"Do insurance rates usually go up with just one violation?"

Most companies let the first 10mph and under ticket slide. After that it depends on the company and whether you drive a company car. Most insurers pull the MVR of business drivers every year at renewal. On personal insurance they may do it only once every three years. If you change carriers they will always pull your MVR. Sometimes you may want to delay court on a ticket until after your insurance renews.