Court Date for Speeding, Guilty or Not Guilty?

[WeakestLink]

I brought this topic up a few months ago but here is the current situation. I got 2 speeding tickets within 2 weeks of each other in MD. The first was 77 in a 55 and the second was 44 in a 25. My first court date is tomorrow and I'm torn between pleading guilty and asking for a reduced sentence or pleading not guilty.

In Maryland, there is no prosecutor (the judge handles the whole proceeding) so hiring an attorney to plead it out would not work. I have a clean driving record up until now.

I would like to plead not guilty and just hope the issuing officer does not show up. (I am not able to recognize him in advance) The question is...if I plead not guilty and the officer is there, what do I say then? And...will the judge be less likely to reduce my points if I plead not guilty? (I don't care about the fine)

Anyone with specific experience in Maryland?

Thanks.

 

[NSX UNITED]

I really think the biggest mistake you made is not being able to recognize the officer who issued the ticket. If it was for me, I'll remember his face till the day he dies. It really sucks that you can't hire an attorney but I still think you should plead not guilty and BS your way through. After all, isn't that the whole point of you to appeal the ticket and go to court knowing the fact you can't hire an attorney in the first place? Don't forget you've got 2 tickets in such a short period of time, pleading guilty for a reduced sentence seems rather unlikely. Just my $0.02.

 

[flaminio]

If you can get traffic school, go for it. Everyone's happy -- the state gets their money, and you don't get any points so your insurance doesn't go up.

If you can't, by all means plead Not Guilty. Whether or not you really are guilty, you're entitled to a trial. Don't just toss that away with a "Guilty" plea.

-Bob

 

[WeakestLink]

Thanks. I think I will plead not guilty and hope the cop doesn't show up. If he does, I might say I may have been speeding a little but I don't think it was as fast as the ticket said. Wish me luck.

 

[David Allen]

Hope this didn't come too late

First of all, you can ALWAYS hire an attorney - doesn't matter what state you live in. The question, of course, is if it's worth it (they usually charge $500).

The big problem isn't getting the fine reduced, it's the points on your record. It can cost you THOUSANDS of dollars over the next 3 years if you get full speeding points.

If you can do not guilty today for the 1st ticket and get away with it, and you have the same city for your next ticket, then you can plead guilty and do driving school (if the city allows it).

Last piece of advice is get a Valentine 1

------------------
David Allen
'00 Silverstone NSX-T
Comptech SC, Headers, Intake, Exhaust & a little Mark Basch tweakage

 

[WeakestLink]

I agree...I was only concerned about the points. I kind of got blindsided when I went to court. When they called my name, they described the violation and asked if I was going to plead guilty or not guilty. I thought they made a mistake but as it turns out, I was in court for the 2nd ticket first. Afterwards, I checked and sure enough, my court date for the 1st ticket is next month. Anyway, after watching a few people in front of me plead both guilty and not guilty, I decided to plead guilty. No one else won their not guilty plea since the cop was certified to use laser and he had performed and recorded all necessary maintenance on the laser. I asked for reduced sentence and didn't get it b/c the cop already gave me a reduced ticket (he says I was actually tagged going 47 in a 25, not a 44)

Had I realized I was in court for the 2nd ticket, I would have asked for Probation Before Judgement since that would have wiped the 2nd ticket away as long as I didnt' get another ticket in the next year. I didn't think that was an option since I thought I was in court for the 1st ticket, getting PBJ would have been pointless knowing I had already gotten another ticket. Very confusing. Anyway, I wish I had thought faster in the courtroom.

By the way, I got a Valentine One a few days after getting my second ticket. Thanks!!!

 

[92 white 0650]

Anyone have experience with asking for leniency in Oregon? I got a ticket in SE Oregon; 82 in a 55, after just crossing over from Nevada where it's posted 70. The "base fine" is $175.00.

He was very polite and said that even though it's signed 55, they allow 70 when traffic is light and conditions are good: daylight, dry etc. He advised that, because of my good record, I should write a letter to the judge asking for leniency in keeping the ticket off my record and a break on the fine. Is there some special treatment in Oregon for drivers with good records? My father in law got a ticket in central Oregon, wrote a letter, not asking for anything, but explaining his frustration with a slow truck and the judge gave him a break on the fine and the "probation before judgement" deal (keeping if off his record if no other tickets for a year).

I'm going to write the letter since I live in CA. and not about to go all the way up there to appear. What should it say? Does Oregon have traffic school? Am I actually requesting this "probation before judgement" and do they call it that?

BTW, I was driving my Prelude with a V-1 but he had instant-on, was hiding behind a truck and there was no other traffic for him to sample before me. I was probably doing 90 but got it down to 82 and might have gotten down to 75 if I had been more attentive and cautious.

TIA.

Ted
Sacto Chapter