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05-09-2007, 01:21 AM
| | Junior Member | | Join Date: May 2007
Posts: 9
| | | Speeding ticket, need advice
What is the name of your state? Maryland
I have a bit of a dilemma..
ok, first off I know I'm not the only person who's been let off on a speeding ticket. so I'm crusing down I-270S, when I look up ahead and see a state trooper walking out into my lane waving me down. to make a long story short I was going 78 at the time, and the speed limit is 55. he makes my ticket for 64, so that I only get 1 point instead of 2.
my first thought is to go to court and try to fight it (if anything get the fine reduced), but I'm worried if he'll bring up the fact that I was really going 78, and make it worse for me. see I don't have any experience with going to court on this kind of ticket.. I don't know how it works out in the court. I don't want to make it worse for myself, but at the same time I can't afford to get any more points because I am on my provisional and my license will get suspended if I do receive points.
so all in all, should I go to court, hope that he's not there? maybe try to reschedule the court date? (heard that the cop usually doesn't show on the rescheduled date) or should I just pay the fine, and have my license suspended.. which I really don't want to do. any advice is appreciated at this point. I will take into consideration any reasonable suggestions.
last speeding ticket I got, the cop did the same thing, she reduced my speed. I went to court and she wasn't there. ironic thing about this is, I saw the state trooper that pulled me over this time, when I went to court last time, so I have a feeling he may show up if I go. |
05-09-2007, 10:15 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,280
| | | Well, if you don't mind wasting your time, you can go to court on your date and if he's there just pay the ticket. |
05-09-2007, 12:09 PM
| | Junior Member | | Join Date: May 2007
Posts: 9
| | | There's no way that the judge can worsen the fine/points? |
05-09-2007, 08:58 PM
| | Senior Member | | Join Date: Feb 2005 Location: Elgin, IL USA
Posts: 1,089
| | Quote:
Originally Posted by cero2  There's no way that the judge can worsen the fine/points? | Don't they add court costs if you go to court, even if you plead guilty or no contest? |
05-10-2007, 03:19 PM
| | Member | | Join Date: Jul 2006 Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
| | | He can't really change it higher after writting it at 9 over - doubtfull he will rememebr you- In MD the easiest way for a clean record- Go into court - plead guilty -say you have a clean record - ask for probation before judgement. For this case (only 9 over) depending on when you got the last ticket you may still get probation - depends on how busy they are...
assuming your last violation was dismissed for the no show by the cop - you have a clean record and should get the probation.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
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Last edited by cepe10; 05-10-2007 at 03:22 PM.
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05-10-2007, 04:16 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,280
| | Quote:
Originally Posted by efflandt Don't they add court costs if you go to court, even if you plead guilty or no contest? | I believe in most MD jurisdictions you can just pay the ticket at the window before the trial happens under the same terms as the mail-in would have been. |
09-23-2007, 07:06 PM
| | Junior Member | | Join Date: May 2007
Posts: 9
| | I ended up pleading guilty w/ explanation.
Cop told the judge that I was really going 19 over the speed limit.
I got a PBJ.. and soon after got a letter from the MVA saying my license was going to be suspended.  |
09-24-2007, 09:12 AM
| | Member | | Join Date: Jul 2006 Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
| | | Go to DMV and show them you got probation... probation before judgement is not a conviction and carries no points.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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09-24-2007, 10:37 AM
| | Member | | Join Date: Aug 2007
Posts: 674
| | | Word of caution, even though the officer wrote you up for less, it does not mean he did not make some sort of note on his copy of the ticket indicating the speed he measured. If you did fight it, do not think for a moment the officer will not bring this information up in front of the judge.
Also, if your a MD resident, I have been told it not unusually for the judge to pull your DR while in court. Even though that alone his highly prejudicial, and should not be used against you they appear to be doing so in MD. It is the old, you got a ticket before so this ticket must be valid too.
One last point, tickets can be amended, or at least check MD statute to find out if they can some states allow this to occur, and there are instance where a magistrate/judge has changed tickets if the person admitted to doing something other than what was on the ticket.
BTW, it sound like the officer got you with LIDAR and depending on the situations the speed they could have measured is filled with possible errors. If that is the case, search the web on LIDAR defense. |
09-24-2007, 10:41 AM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | He's already been to court, Maestro.
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09-24-2007, 10:57 AM
| | Member | | Join Date: Aug 2007
Posts: 674
| | Quote:
Originally Posted by moburkes He's already been to court, Maestro. | Thanks, i missed the date and didn't realize i did not scroll all the way down to the conviction statement. But it was right the officer brought up the 19 over they usually do. | |
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