Speeding Ticket - Columbia, PA

[orbovi]

What is the name of your state?
Pennsylvania

On 26th of last month, I received a ticket for doing 84 in a 55 (+29), (S 75 $3362 $$A2-29, Exceed 55 mph in other loc by 29 MPH). I know I am guilty of this, however, I just have a question concerning my trial. I pleaded not guilty and received a trial date of VALENTINE'S DAY. I was informed it was a five point violation, however, if I would try and request a no-points violation at the expense of a higher fine, would I need to call the officer beforehand and request this from him? Or would I need to appear in court for this? Also, would it be beneficial for me to hire a lawyer and take my place of this?

The reason I request a no-points violation is I'm currently in college and travel from Philadelphia home (~100 miles) almost every weekend and would prefer not to have these points on my license. Also, if I approach the lawyer route, would I try and hire one from Philadelphia or Columbia?

I appreciate those that took the time to read this, and any response is greatly appreciated.

[moburkes]

Originally Posted by orbovi

What is the name of your state?
Pennsylvania

On 26th of last month, I received a ticket for doing 84 in a 55 (+29), (S 75 $3362 $$A2-29, Exceed 55 mph in other loc by 29 MPH). I know I am guilty of this, however, I just have a question concerning my trial. I pleaded not guilty and received a trial date of VALENTINE'S DAY. I was informed it was a five point violation, however, if I would try and request a no-points violation at the expense of a higher fine, would I need to call the officer beforehand and request this from him? Or would I need to appear in court for this? Also, would it be beneficial for me to hire a lawyer and take my place of this?

The reason I request a no-points violation is I'm currently in college and travel from Philadelphia home (~100 miles) almost every weekend and would prefer not to have these points on my license. Also, if I approach the lawyer route, would I try and hire one from Philadelphia or Columbia?

I appreciate those that took the time to read this, and any response is greatly appreciated.

I haven't heard of someone paying their way out of points. If you hire a lawyer, hire one that is familiar with the local court system. Your reason for not wanting points doesn't even make sense? What do points have to do with how far it is between your home and your school?

[orbovi]

Sorry about the miscommunication. I was searching on this website and others earlier for advice before I posted and found things like this:

"My past experiences in NJ traffic court have gone like this... You can go to court on your first appearance if you wish, unless marked on the citation that you must appear, you may also enter a plea by phone to the court. Once you get to court and sign in you will be directed to meet with the prosecutor who will then most likely offer to lower that speed to a 2pt violation in exchange for a guilty plea. If you do not agree to that, they may be offered a no point deal in exchange for a $400 surcharge I believe they call it... If your record is clean this will help, but still expect pay $200 or more in fine and court cost in exchange for any deals they make."

([url]http://forum.freeadvice.com/showpost.php?p=967591&postcount=2_[/url]

The state prosecutor will be calling people back to an office one at a time to talk to them.When he calls you back, it will be understood that you're trying to get out of getting any points. He will reduce your charge so that you either get no points, or only 2 points. Hopefully it will be no points.

You then go back out and sit down. You eventually will be called up to the judge and the prosecutor will inform the judge what you're doing and the judge will ask if you agree. You'll agree, pleading guilty to a lesser charge. And then you'll go out of the courtroom and pay the fine at the reception window. You will pay a higher fine than you would have if you had pleaded guilty....however, you'll save far more money in the long run by avoiding some points.

([url]http://forum.freeadvice.com/showpost.php?p=864931&postcount=2[/url])


I wasn't sure if these were true, so I figured I'd ask. Also, what I meant about the traveling is that since I drive a lot, I feel as if I'd have a greater chance of getting a ticket than if didn't drive at all once I was here at school. Because of that, I'd like to have a buffer if possible in case I received another ticket before my points expired. I hope that cleared things up! Thanks.

[moburkes]

You can try to cut a deal with the prosecutor, not the judge. At least one of the examples that you quoted was for another state. I drove 3 hours each way to school for years, and I never got a ticket. That's because I chose not to speed.

[loulblades]

In my 30+ years of driving I have received more than a few tickets in PA. I have pleaded not guilty to them all except my first one at 17 (I paid the ticket to make it go away, but my license was suspended). Anyway, not once was there a prosecutor in the room. Only the officer, magistrate and me.

If you want to plead with the officer, you will generally take that opportunity just before the hearing. You may be able to get an Obedience to traffic control devices (3111A I think) which the state still gets your money but you don't suffer the points.

Do your research. One sight is findlaw.com and some of the fight your ticket websites.

Oh there was a prosecutor involved once when I requested a dismissal, at a hearing that I was "accused" of going 97 in a 65, by referencing case law that was 30 years old. The magistrate had to call the prosecutor to verify that it was still "applicable". It was and I got the dismissal.

BTW you are guilty when you plead guilty or the magistrate says you are.

[sukharev]

Just keep in mind, PA is special :-)

what I mean is the trial isn't really a trial, it's a "magistrate" hearing. No rules of civil/criminal procedure apply, and you can only hope for a good judge (which you can indeed get, it depends on the court).

And oh, yes, you can always try to call the officer - with luck you can talk to him and try to get a break that way.

[cepe10]

Originally Posted by sukharev

Just keep in mind, PA is special :-)

what I mean is the trial isn't really a trial, it's a "magistrate" hearing. No rules of civil/criminal procedure apply, and you can only hope for a good judge (which you can indeed get, it depends on the court).

And oh, yes, you can always try to call the officer - with luck you can talk to him and try to get a break that way.

There's also some restrictions on entering radar evidence isn't there sukharev - has to be original from state testing station and current...