Subject: Re: Real nasty Speeding ticket--Any suggestions PLEASE ?

From: [email-masked]
Date: Wed, 06 Sep 1995 09:54:55 EDT

In article <paditha.810318203@hubcap>, [email-masked] said:
>  Assuming that the cop does make the court appearance, what is the best
>way to plead for some leniency? ANY suggestions are welcome because I'm
>still recovering from the shock and the expense it means. Given the
>situation, I know I have nothing to lose except the gas money and the 4
>hours it will take me to go to Florence from Clemson, if I make the 
>appearance at court. How open are judges to pleas of mercy (in general)
>especially if the violation is the first, and the fact that $250
>represents my monthly stipend from my dept? Is seeking legal advice of
>any help in this regard? ALL inputs appreciated....

First of all, try to get a change of venue so that you don't have to go so
far to exercise your right to trial. This will also make it less likely that
the officer will show up. Secondly, tell the judge what you just told us,
minus the part about having to make a 9:00 class (that is, tell him you
are sure you were not going that fast, especially since you had just passed
through a traffic light and were entering the city limits and you always
slow down in such a situation. If asked, admit to 70 mph, which is only 15
over rather than 28 over). Do point out the fact that this is your first
offense, but don't lay it on too thick. Find out if you can what the
rules are concerning how the officer's speedometer must be calibrated in
order to use it as a pacing device. Request the relevant records from the
police department for that cruiser. It's your right to have this information
before you go to court (it's called "discovery"). If the rules were not
followed for this particular car, the judge has no choice but to disregard
the paced speed and then it is your word against the officer's estimate of
your speed.

You don't say, but did you have a passenger? Were they awake? If so, they
are a witness. Bring them to court to back up your statements.

Having said all that, I will also say that __I am not a lawyer__ and the
above should not be taken as legal advice. If you want to be really sure of
where you stand, hire a lawyer.

Michael Johnson

---

From: [email-masked] (Steve Isakson)
Date: 6 Sep 1995 23:50:56 GMT

In article <paditha.810318203@hubcap>, [email-masked] (Prakash
L ADITHAM) wrote:

<$250 ticket for 83 in a 55>

I would recommend calling an attorney.  It's like this: $100 attorney +
$100 reduced ticket < $250 ticket (or $100+$0 could be even better).  Call
one or two; tell them your situation and ask what they can do for you and
how much it will cost.

With an attorney, and given your situation, your chances for at least a
reduced offense are excellent.  Pacing is a very inaccurate method of
measuring speed; your clean record also works in your favor.

ps- If you are pulled over, you have to deal/talk/beg/etc. with the cop
*before* he writes the ticket.  The forms are numbered and make copies, so
once it's written on it can't be changed or ripped up!

[email-masked]
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