78 in a 55 mph, court date today

Hoov

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Hey everyone,

got a ticket for excessive speeding 2 months ago, the officer asked me if i had points on my licesnse (i have 5) so he told me send in payment for the fine but plead not guilty and he would see what he could do for me.

so my trial is today and have not heard anything. what does that mean, he'll see what he can do for me ? maybe he wont show up, and what do i tell the judge when he asks why im pleading not guilty ?

anyone else been in this situation before ?

im thinking i'll just say a car was passing me when the officer had the radar gun pointed in my direction and he must have picked up the other car's speed because im certain i wasnt going over 55.
 

jksmith269

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If the officer isn't there I'd plead not guilty and claim that other traffic was around and yes you may have been speeeding but not 78 and would like to see proof how the cop was able to identify your car out of the other cars going both directions. hey if he's not there there will be no one to say there wasn't other cars on the road with you.
But if he is there your fubar.... In a lot of states 20+mph over the SL is considered Reckless Driviing and you could lose your license for it. I'd have someone with you incase you get your license suspended.
 

Hoov

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yeah, i'm worried about losing my licesnse again cause i already have 5 points. i really just wasnt paying any attnetion to my speed, just driving with the rest of traffic. in my car going 80 feels like 50 if your on an open highway with the windows up
 

Rack

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If you were speeding then you should plead guilty. JMO


But hopefully that cop will be there and you can talk to him beforehand. Maybe he'll explain further why he told you to plead not guilty.


But I'm sure the judge has heard the "It was another car that was speeding, not me" bit a few hundred times.
 

Hoov

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Rack said:
If you were speeding then you should plead guilty. JMO


But hopefully that cop will be there and you can talk to him beforehand. Maybe he'll explain further why he told you to plead not guilty.


But I'm sure the judge has heard the "It was another car that was speeding, not me" bit a few hundred times.

I know, the judge is probably tired of that. But that's what the officer told me to do.

I already paid the fine and dont care about the money, just dont want to lose my license over a F' speeding ticket. after a 2 years suspension the state gave me back my license and as a bonus gift started me off with 5 points on it.
 

Reality

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Blame Jerry Jones and Bill Parcells for causing undue stress by releasing starters and not replacing them in free agency :)
 

TruBlueCowboy

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Tell him it was your friend's pipe in rehab....

Oh wait, wrong charges, sorry, carry on.
 

Hoov

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LOL, thanks for the humour guys.

Trial is at 11 EST, be leaving work in a little while, I'll let you all know how things went.
 

Danny White

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Hoov said:
LOL, thanks for the humour guys.

Trial is at 11 EST, be leaving work in a little while, I'll let you all know how things went.
If the cop isn't there, simply state that you're pleading "not guilty." You don't have to explain yourself any further than that. You cannot be forced to testify against yourself, but anything you DO say can be held against you. You don't want to purjor yourself, but you certainly don't have to admit guilt. So if the cop isn't there, and you just clam up and say "not guilty" then they will have to throw out the case since there will be no one to testify against you.

P.S. I'm not a lawyer, but I'm pretty confident about this advice.
 

Hoov

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Danny White said:
If the cop isn't there, simply state that you're pleading "not guilty." You don't have to explain yourself any further than that. You cannot be forced to testify against yourself, but anything you DO say can be held against you. You don't want to purjor yourself, but you certainly don't have to admit guilt. So if the cop isn't there, and you just clam up and say "not guilty" then they will have to throw out the case since there will be no one to testify against you.

P.S. I'm not a lawyer, but I'm pretty confident about this advice.

Thanks DW.

I'm going to get there a bit early and look for the cop, if i see him i'll remind him that he said he would try to help me out with this and that is why i pleaded not guilty.

If he is not there i'm going to take your advice and clam up, keeping fingers crossed for this scenario.
 

Danny White

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Hoov said:
Thanks DW.

I'm going to get there a bit early and look for the cop, if i see him i'll remind him that he said he would try to help me out with this and that is why i pleaded not guilty.

If he is not there i'm going to take your advice and clam up, keeping fingers crossed for this scenario.
Good luck Hoov!

When I was in college, I got a ticket for ignoring a Do Not Enter sign.

I plead "not guilty" and then I created this whole cockamamie defense about how the sign was obscured by trees. I even took pictures from weird angles to bolster my case. (Hey, I was a foolish college kid, what do you expect?)

So I got to court and the cop wasn't there. When my case was called, the judge chastised me for ignoring the sign and said I was certainly in the wrong, but since the cop wasn't there they were going to throw out my case. Because I was a dumb kid, I started to argue with the judge about how the sign was difficult to see. The judge quickly cut me off and told me to shut up before I got myself into serious trouble by lying to him... because he knew for a fact that that sign had been there for years. He said I should consider myself lucky and I should quit while I was ahead. I said "thank you sir" and left with my tail tucked between my legs! :eek::
 

Calicowboy

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Danny White said:
If the cop isn't there, simply state that you're pleading "not guilty." You don't have to explain yourself any further than that. You cannot be forced to testify against yourself, but anything you DO say can be held against you. You don't want to purjor yourself, but you certainly don't have to admit guilt. So if the cop isn't there, and you just clam up and say "not guilty" then they will have to throw out the case since there will be no one to testify against you.

P.S. I'm not a lawyer, but I'm pretty confident about this advice.

Bingo.

Sounds to me that the cop was suggesting he was not going to show up for the court date. In essence, you got a warning.

BTW, regular radar can suffer from vehicles next to the offender for a faulty reading. Laser radar is point specific. Just like looking through guns sights and aiming at what you want to read. Radar isnt perfect, but definitely gives more evidence for the Police.

With 5 points on his license, that could be an area of concern for the traffic judge though.
 

Hoov

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So everything went well.

There was a state trooper there to handle all the traffic violations, he called all of us up one by one and when he got to me, he had a note from the trooper that pulled me over saying to work with me on points for my license.....so the trooper told me to plead guilty to doing 60 in a 55 mph zone and the judge changed the citation to read 60 so i wont get any points added to my license and no insurance issues. so i was happy with that.

Funny, i heard the judge talking to an officer and court clerk and they were running down there schedule for St Patricks Day tomorrow and listing all the bars they were going to hit during the day, they're starting out early in the morning and they're ending up at a good irish pub i like, heard the judge tell someone to meet him there around 2 pm tomorrow, so figure they'll all be tanked well before dinner time. thought it would be funny to stop there in the afternoon for something to eat and see how wrecked they are.
 

Calicowboy

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Hoov said:
So everything went well.

There was a state trooper there to handle all the traffic violations, he called all of us up one by one and when he got to me, he had a note from the trooper that pulled me over saying to work with me on points for my license.....so the trooper told me to plead guilty to doing 60 in a 55 mph zone and the judge changed the citation to read 60 so i wont get any points added to my license and no insurance issues. so i was happy with that.

Funny, i heard the judge talking to an officer and court clerk and they were running down there schedule for St Patricks Day tomorrow and listing all the bars they were going to hit during the day, they're starting out early in the morning and they're ending up at a good irish pub i like, heard the judge tell someone to meet him there around 2 pm tomorrow, so figure they'll all be tanked well before dinner time. thought it would be funny to stop there in the afternoon for something to eat and see how wrecked they are.

Congrats. Glad it worked out for you.
 

Danny White

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Hoov said:
So everything went well.

There was a state trooper there to handle all the traffic violations, he called all of us up one by one and when he got to me, he had a note from the trooper that pulled me over saying to work with me on points for my license.....so the trooper told me to plead guilty to doing 60 in a 55 mph zone and the judge changed the citation to read 60 so i wont get any points added to my license and no insurance issues. so i was happy with that.

Funny, i heard the judge talking to an officer and court clerk and they were running down there schedule for St Patricks Day tomorrow and listing all the bars they were going to hit during the day, they're starting out early in the morning and they're ending up at a good irish pub i like, heard the judge tell someone to meet him there around 2 pm tomorrow, so figure they'll all be tanked well before dinner time. thought it would be funny to stop there in the afternoon for something to eat and see how wrecked they are.
You should show up, catch them leaving loaded, and threaten to blackmail them all if they don't clear your record. :laugh2:

Seriously though, good job on getting off with a slap on the wrist... now BE MORE CAREFUL!!! :)
 
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