First Ticket, what to do?
11-14-2006, 04:31 PM
#21
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Re: First Ticket, what to do?
Get a lawyer.... reasons are:
1) Pleading Guilty means just that... you are guilty! There is no reduction of the charge possible for pleading guilty.
2) No Contest is called the Alford Plea... means you are not admiting guilt and you concede the proponderance of th evidence is against you.
3) Not guilty means the Commonwealth has to provide the evidence against you. In this case, the testimony of the arresting officer. He more than likely made notes about the stop and possibly has video of it. He will provide calibration information, etc if available. Not guilty just means you are requiring the case against you be proven and is not looked at by the Court as you lying your ass off.
4) A reckless driving ticket is a 6 point offense... 10 demerits gets you a suspension if I recall correctly. And Reckless Driving is not prepayable, and requires you go to court. It is a misdemeanor, and can result in 250 dollar fine and/or 6 months in jail.
Tech here: http://leg1.state.va.us/cgi-bin/legp...0+cod+46.2-868
and here: http://leg1.state.va.us/000/lst/LS823254.HTM
Bottom line.... Get a lawyer .... or take your chances.
1) Pleading Guilty means just that... you are guilty! There is no reduction of the charge possible for pleading guilty.
2) No Contest is called the Alford Plea... means you are not admiting guilt and you concede the proponderance of th evidence is against you.
3) Not guilty means the Commonwealth has to provide the evidence against you. In this case, the testimony of the arresting officer. He more than likely made notes about the stop and possibly has video of it. He will provide calibration information, etc if available. Not guilty just means you are requiring the case against you be proven and is not looked at by the Court as you lying your ass off.
4) A reckless driving ticket is a 6 point offense... 10 demerits gets you a suspension if I recall correctly. And Reckless Driving is not prepayable, and requires you go to court. It is a misdemeanor, and can result in 250 dollar fine and/or 6 months in jail.
Tech here: http://leg1.state.va.us/cgi-bin/legp...0+cod+46.2-868
and here: http://leg1.state.va.us/000/lst/LS823254.HTM
Bottom line.... Get a lawyer .... or take your chances.
how do you plead not guilty to doing 20mph over the speed limit?? The O.P. was speeding, was probably aware of that and got caught. Like I said earlier plead guilty and with your clean record you will be fine as I was in the exact same situation.
11-14-2006, 04:36 PM
#22
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Re: First Ticket, what to do?
You don't have to plea....at the beginning of the court session they'll ask for those who haven't been to driving school and would like to request driving school to come first. If you're one of them, the judge will look at your record and take that into consideration before coming to a decision. No need for an argument.
11-14-2006, 04:39 PM
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Re: First Ticket, what to do?
Not guilty in court doesn't mean I didn't do it. Thats what you and I see it as, but not the law. To the court that phrase means the Commonwealth must bear the burden of proof. Pleading Guilty nd hoping for the best is not a good plan. a Judge in a good mood vs a judge in a bad mood make all the difference. The best leveragin tool available is a lawyer, and is worth 500 bucks in the long run. A Reckless ticket fine plus increase in premiums quickly racks up to more than $500 bones. Toss in the risk of a suspended DL or a weekend in the pokey and you'll be offering a lawyer five times that. And yeah... I have been there too. Tried it both ways... worked out MUCH better with the lawyer.
11-14-2006, 04:43 PM
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Re: First Ticket, what to do?
OJ was framed.
It was professor Plum with the lead pipe in the library. Just kidding, the guy literally got away with murder. It's your first offense. Get a lawyer if you want to pay for one, otherwise you're gonna have to hope the judge is in a good mood and will only give you diver's ed and a reduced fine.
It was professor Plum with the lead pipe in the library. Just kidding, the guy literally got away with murder. It's your first offense. Get a lawyer if you want to pay for one, otherwise you're gonna have to hope the judge is in a good mood and will only give you diver's ed and a reduced fine.
11-14-2006, 05:30 PM
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11-14-2006, 07:34 PM
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Re: First Ticket, what to do?
1st of all if you plead guilty the judge can still reduce it the fine and still knock it do to improper driving. You wont see jail time, just WONT happen unless you have a record of something else or really sh1tty to the judge. If in Chesterfield if you get Judge Dafron he will knock it down, he is my old Business Law Professor, very nice guy and a Mustang fan and somewhat car guy 
His son has a 5.0. I have the worst record in the world and been to court more than Ted Bundy dont waste your money on a lawyer. In actuallity those things COULD happen but wont, unless your a ass. Also ask for the officers calibration records, before court.
His son has a 5.0. I have the worst record in the world and been to court more than Ted Bundy dont waste your money on a lawyer. In actuallity those things COULD happen but wont, unless your a ass. Also ask for the officers calibration records, before court.
11-15-2006, 05:27 AM
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Re: First Ticket, what to do?
I got 6 tickets within 2 weeks of each other. first 3 for registration, county sticker, and not turning over my CA drivers license. two weeks later I get 3 more one including 85/65 *reckless*, the decal and reg. It was the same judge I saw twice for all 6 tickets. He dropped every charge and told me for the reckless take driving school and I will dismiss it. No lawyer was just very friendly. Maybe the judge got laid last night who knows lol
11-15-2006, 12:14 PM
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Re: First Ticket, what to do?
Well, I know I got a ticket for going 82 in a 65 (288) by a state haha in my moms van hahaha( i know i know a mini van lol) Anyways......I was nice to the cop....and I didnt get a laywer just my dad......My dad took my license away and wouldnt let me drive anywhere for a few months until my court date and told the judge what he did and the judge through it out..........thankfully. But it doesnt always happen for everyone, ive seen judges throw out 20+ b4 when people like my age have done it.......now being 20 i doubt ur mom or dad would take ur license hah. But yea..........all in all.......the judges mood can either help you or screw you.
11-15-2006, 12:46 PM
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Re: First Ticket, what to do?
It really in my opinion depends on the judge, mine was a complete blockhead and wouldn't reduce mine but people lied out the ass and she reduced it. I probably heard about 20 people with dead/dying parents or relatives with no evidence of that and they were distraught driving. Pretty lame excuse.
After 18, you have to go up to the stand alone, so my dad who went with me had to sit and just wait, as he wasn't able to do anything. Just make sure you explain everything to the lawyer if you get one and explain everything to the judge if you don't.. I suggest pleading no contest or guilty and then ask to explain yourself to the judge (unless she asks if you have any further to say)
1) first ticket
2) explain to her that you were cooperative to the officer
3) no previous accidents etc
4) you were speeding and you apologize
5) you plan on taking or have already taken the DMV class ( i would take it before hand but don't turn in the certificate until court)
Even if you don't take the class and get screwed, take the class voluntarily is +4 good driving points and an insurance discount. So I'm at -2 atm and my insurance only increased by $150
After 18, you have to go up to the stand alone, so my dad who went with me had to sit and just wait, as he wasn't able to do anything. Just make sure you explain everything to the lawyer if you get one and explain everything to the judge if you don't.. I suggest pleading no contest or guilty and then ask to explain yourself to the judge (unless she asks if you have any further to say)
1) first ticket
2) explain to her that you were cooperative to the officer
3) no previous accidents etc
4) you were speeding and you apologize
5) you plan on taking or have already taken the DMV class ( i would take it before hand but don't turn in the certificate until court)
Even if you don't take the class and get screwed, take the class voluntarily is +4 good driving points and an insurance discount. So I'm at -2 atm and my insurance only increased by $150