Speeding - Options for court

[apdepetris]

What is the name of your state? MD
I was caught in a speed trap in Howard County on Rt. 32. I was clocked at doing 77 in a 55 mph zone (bad I know). I was just going along with my mind on something else and wasn't paying close attention to how fast I was going. This is the first speeding ticket I have ever received in nearly 20 yrs. of driving. I'm going to court at the end of this month. Everyone has been giving me advice on what I should do and I figured I'd would get a more expert opinion.

I figure I have two options:

First, plead guilty, apologize, and explain that I made a mistake and that I wasn't paying close attention to how fast I was going and let them know that this is the first ticket I've every received. I don't really have a problem paying the fine (I don't enjoy it or anything, but I realize if you break the law you have to pay a price), I just don't want the 2 points on my record. Then I can just hope that since I have a good driving record that they'll just make me pay a fine.

My other option (that several people have suggested to me) is to plead not guilty and try to get them on not having the calibration records in court or that the device hadn't been calibrated recently and try to get the case dimissed. I'm concerned about this option because if all their paperwork is in order then I'm in trouble and I just look like a jerk. And I'm afraid I'd annoy the judge and make things worse for myself.

I know I made a mistake and this has definately made an impression on me. I now check my speed frequently and make sure that I am not going over the limit. I'm just wondering if it's better to just say that I screwed up and own up to it or try to fight it on some legal technicality. Personally, I get really nervous speaking in front of people and authority figures tend to make me nervous as well so I don't know if I would be able to do very well trying to go the calibration route. But a lot of people are telling me that it would be stupid to just go and plead guilty. I have questions and things typed up for the calibration idea so if I decide to go that way I have some notes. Right now my only plan is to go in and hope I'm not the first case so I can try to read the judge and see what kind of mood he's in. I've heard that the judges in Howard County are pretty harsh.

I just wanted to get an opinion on which option would be the better way to go for my situation.What is the name of your state?

 

[The Occultist]

Talk to the prosecutor and try to arrange some sort of plea bargain.

 

[apdepetris]

Plea Bargain

How would I go about talking to the prosecutor about a plea bargain? Sorry, this is all new to me. The only time I have been to court was when I went with someone else that got a speeding ticket. I don't remember a prosecutor. Just the officer giving his side of the story.

 

[cepe10]

In the Washington/Frederick county district court they are giving probation before judgement if you show up at the court and plead guilty - this is an ok arrangement if you think you can avoid anymore tickets for a while - the points won't be on your record and insurance won't go up....

I wouldn't listen to any advise regarding talking to a prosecutor is MD in district court on a traffic criminal offense other than serious ones such as DWI - Their most likely won't be a prosecutor - the LEO/judge are probaly going to act for the State ( yes I know - it is unconstitutional in both the state and county) but MD district court appears to be kangeroo court. would like to hear if a prosecutor shows up though

I've noticed the overzealous enforcement on the MD interstaes as of late - looking at all the searching activity I would postulate it is the new chief's idea of a way to conduct illegal searches...

 

[BelizeBreeze]

In the Washington/Frederick county district court they are giving probation before judgement if you show up at the court and plead guilty - this is an ok arrangement if you think you can avoid anymore tickets for a while - the points won't be on your record and insurance won't go up....

I wouldn't listen to any advise regarding talking to a prosecutor is MD in district court on a traffic criminal offense other than serious ones such as DWI - Their most likely won't be a prosecutor - the LEO/judge are probaly going to act for the State ( yes I know - it is unconstitutional in both the state and county) but MD district court appears to be kangeroo court. would like to hear if a prosecutor shows up though

I've noticed the overzealous enforcement on the MD interstaes as of late - looking at all the searching activity I would postulate it is the new chief's idea of a way to conduct illegal searches...

Please cite your legal experience and bar membership to be giving such legal advice.

 

[cepe10]

Please cite your legal experience and bar membership to be giving such legal advice.

""The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.""

What exactly is your purpose here?? have you been prosecuted in MD district court for an unjust traffic citation this year????

Sorry, ambulance chaser's most people can do just as well or even better pro se.

This forum is badly in need of an "ignore user" feature for people just like you.

 

[The Occultist]

This forum is badly in need of an "ignore user" feature for people just like you.

For people like Belize? people who have gone out of their way to use what they know to accurately answer questions for free for people who ask nicely? Why do you feel they need to be ignored? That was quite an attack...

 

[lwpat]

cepe 10's advice is correct.

 

[apdepetris]

Thanks

Thanks for the advice. I have so many people telling me that I need to plan to try and beat the ticket. I just don't think I have a good position to try and weasel out of it. I got busted - plain and simple. I was driving along on a fairly straight and fairly open highway (it was about 3pm on a Saturday) and wasn't paying attention to my speed. It was one of those "Oh wow!" moments where you're going along and look down and realize you're going faster than you intended and you slow down. Unfortunately for me by the time I realized how fast I was going it was too late and the cop was walking out into the roadway to flag me down. Maybe I'm just too honest, but I feel bad trying to get off on a technicallity when I know I'm guilty. If there were some mitigating circumstances or I really thought it was an unfair ticket I wouldn't have a problem fighting it. I figure how am I going to convince them if I don't believe it myself. I just don't BS that well. I figure I'll try to explain to the judge what I just stated about about my speed and hope that since this is the first ticket I've ever recieved in about 20 yrs. of driving that he won't slam me too bad and just let me pay a fine. If I do get PBJ I think I can keep my record clean since I've been driving for 20 yrs. without a ticket (and I make absolutely sure now that I'm not exceeding the speed limit). I'm just so stressed about the whole thing my stomach has been in knots since I got the court notice on Saturday. My trials the 30th. My husband was laughing at me because he said that it was just a speeding ticket and not the end of the world but this kind of stuff really bothers me. Of course I can always hope the cop doesn't show up. Any further advice is more than welcome. In any case, I'll post the result after my day in court.

 

[janimal]

Just pay the ticket. Your husband is right - not a big deal. You learned a lesson - no need to get too stressed over 2 points on your license.

Try to see this as a GOOD thing. You learned a timely valuable lesson about paying attention when you drive. This lesson could have cost you more than a ticket, had your inattention lead to an accident.

Pay it and move on.

 

[Six Black Roses]

I'm in the same boat. The 16th of this month is when my arraignment is scheduled. It is then that I intend to plead "not guilty."

Not guilty of going 80 in a 65 zone? No, no, I went that fast. Hell, I went 85 at moments... even 90 when passing people. Gotta love the bang-for-buck performance you get out of a Camaro Z28. I simply intend on putting into spoken words what the admissable evidence, more specifically the lack thereof, is going to leave the judge with no choice but to conclude.

Of course, his conclusion will simply be pronounced with "case dismissed," because you cannot pronounce somebody not guilty if there's no evidence and a trial isn't had.

The problem I have with this donut-eater is that there were actually unsafer drivers right next to me... speaking on cellphones, changing lanes without looking, picking their noses. I may be a fast driver, but I'm a very safe driver who's too much aware of the consequences for doing something truly stupid, like down-shifting into second while swirving the steering wheel to the right, all during a downpour giving birth to hydroplane zones.

Not to mention, the way the pig paced me wasn't fair. I check my rear view mirrors religiously, and he showed up behind me after I drove through the area where he alleges the violation took place. This means that he wasn't directly behind me while pacing me.

I can afford getting 1 point on my license, and I'm sure I'll manage to afford the insurance increase. What I cannot afford is to deprive myself of the satisfaction of having walked into that courtroom, just a little wee 19-year-old boy whose facial hair hasn't even thickened up yet, and make an ass out of the prosecutor who knows he needs to have the evidence there, but doesn't because he knows that it would be too costly for them to summon that evidence for every single case.

I mean, come the fvck on... everyone else was going 78, at least! I'm sure his reason to isolate me has nothing to do with the fact that, assuming I'd be as unprepared as most motorists are these days, it would be comparably easy for him to convince the judge that this young, reckless driver, driving a car designed from the ground up for aggressive drivers, was indeed speeding, than to suggest that the guy next to me driving his cute economical car that can't pass 110 MPH was.

 

[Six Black Roses]

By the way, I've assigned myself with the task of spotting at least 1 traffic control authority capable of citing me for every 5 miles I travel. This is better than any radar detector you could hope to buy.

Now all that's left is to come up with a reward-and-punishment system for my performance as far as spotting them before they spot me is concerned.

Vroom, vroom. See ya in my mirrors. *** military salute ***

 

[The Occultist]

Yo, Roses, don't hijack threads.

 

[Six Black Roses]

I'm not hijacking it. I'm just trying to give this nice lady some inspiration and spine to go fight this thing.

 

[apdepetris]

I'm not hijacking it. I'm just trying to give this nice lady some inspiration and spine to go fight this thing.

Well, thank you but I do have spine. I just know to pick my battles and I just don't think I have the ammunition to fight this one. Trust me, if I thought I was right I would argue it to the end. Sometimes you just have to admit you screwed up, take your punishment, and move on and try not to do it again. I just got two approaches to the situation from friends and I just wanted to get feedback from people who had more experience with the law. And you are entitled to your opinion as is everyone else. It's just when you accuse me of not having a spine I kind of take it a little personally.

As for your situation, doesn't sound like you have much of an argument to me but I'm certainly no expert. I don't think it really matters what everyone else was doing - you're the one that got caught. But discussions of your particular case are better suited for a seperate thread (we're here to talk about me not you ). I think that's what was meant by saying you were hikacking the thread.