Should I have my day in court or pay up now?

[TwinTurbo]

What is the name of your state? Virginia

I have been charged with speeding (49 in a 25) under VA state law 46.2-874. The officer used a stationary radar, front antenna to determine this speed. He asked me if I knew why he pulled me over. I said "Was I going too fast?" he said "yes, do you know what the speed limit is here" I said "I didn't see the sign" he said "do you know how fast you were going" I said "no" then he told me and went and wrote up the summons. He came back and said he would let me off with just a simple speeding ticket and that he could have charged me with reckless driving because I was going more than 20 over the limit.

I have heard that there are good odds of getting out of a ticket if you go to your trial instead of just prepaying it. Is this true? Should I challenge the ticket in court? I don't want to hire a lawyer, should I buy one of those "beat your traffic ticket" books? I believe I would have to get the case dismissed on a technicality because it seems like it would be pretty easy for them to prove that I really was speeding.

Thanks for your advice.

 

[Bravo8]

Well, if you pay the citation without contesting it, your "chances of getting out of it" are zero. Therefore, of course your chances would be better if you contested it.

 

[Kaz the Minotau]

No, you shouldn't challenge it. Yes, it would be easy for the prosecution to prove that you were doing 49 in a 25. Why not be thankful that the officer didn't charge you with reckless driving? That book would be a waste of money...

 

[Bravo8]

True, that book would be a waste of money. Maybe I should write one, then market it to all the people I cite?

 

[curt7974]

If you feel like spending some of your time, contest it. Numerous articles I've read indicate that most tickets contested result in dismissal. Almost 25% are dismissed because the officer that issued the citation doesn't show up. You definitely have a chance of beating it if you contest. Do some research and find out what that chance is. In the long run, if you value your personal time, it may be cheaper to just pay the ticket and get on with your life. That's what the courts want you to think. Good luck either way!

 

[Kaz the Minotau]

curt7974, I disagree about most contested tickets resulting is dismissal. That doesn't happen where I work anyway. Out of 528 traffic tickets that I wrote in 2002 I had 25 plead not guilty and go to trial. I lost (1), not becuse I was wrong but becuse of a technicality. I forgot to tesify to the date of the violation.
I was raised to take responsibility for my actions...I just don't understand whymore people can't just say "Yep, you got me." Oh well...
Bravo 8: that would be a great idea! You and I can write it together and get rich!!!!!!!!

 

[curt7974]

Kaz, only 25 contested out of 528 is pretty good. You must be well experienced. While you may be very good at your job some others may not. I'm afraid if we all said "Yup, you got me" then officers may start to issue tickets even when there's room for error. I'm curious, of the other 24 contested tickets, did they end in any reduced fines or traffic school?

Wouldn't it have been cheaper for us all if Bill Clinton would've just said "Yup, you got me."?

 

[Kaz the Minotau]

PA doesn't have traffic school. Some of them did get reduced by the magistrate. However, as he says "I'm going to give you the I showed up to the hearing and was polite discount". That was why he reduce them and not because I was wrong. Sometimes that annoy's me because usually I reduce the speed a bit myself. Oh well, he still said guilty.
Thank you for the compliment.
CLINTON...where shall I start...

 

[Bravo8]

Only 25.....not bad.

I seem to get an inordinate amount of hearings from citations I write. That's always good for the overtime I get, but screws with my sleeping.

The worst part is, most of my speed citations don't get contested. I get hearings for stupid ones, like inspection (how the hell do you contest that your inspection was expired???) and the like.

The worst part is these people never have a defense. "Well, my plate was suspended and I didn't have insurance, and well, yeah I did run that red light at 80 mph, but you see.......blah, blah, blah......" never works with our Judge. Why waste our time by appearing in court to admit your absolute guilt?

My Magistrate also tends to reduce the speed by a few mph for those who are polite, dressed appropriately, and don't have a history in his court. I, unlike Kaz, almost never cut breaks on the roadside. If I give a break, it's by not writing a citation. If I write for speed, it's the full speed.

 

[TwinTurbo]

Thanks for all the comments

Your comments have basically confirmed the position that I have been leaning towards anyways, "pay up now". The only thing that keeps me from putting the check in the mail is the thought that, as far as I can tell, there is nothing to lose from going to my court date other than an hour or so of my time ( which i easily make up in travel time due to my constant speeding), and possibly looking like a fool in front of total strangers (not too worried about that). Are there any other disadvantages to appearing in court? Could they go back and say, "hey, you were going >20 mph over, you should have been charged with reckless driving" and then really screw me over?

Thanks for all your help!

 

[toasted]

One other disadvantage (not that there is only one more) is the court costs the judge could impose on you to pay.