I had my court date this monday and i pled not guilty to the charges. The judge changed it to an infraction instead of a misdemeanor and i have my trial on 10/6. I am wondering what does him changing it to an infraction do for me? my plan was to get a public defender and try to make a deal before going to trial, but since its an infraction i dont get a public defender. Can anyone knowledgable on this stuff give me some advice? I dont have the money to get a lawyer.
update on my Speed Contest ticket
- Thread starter vtecNSX1
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Not a lawyer or any kind of expert in this field, just went through a similar experience recently. It is my understanding that before the actual court date, there will be a "conference trial" where all the parties meet and everyone is trying to find a settlement so that trial is avoided all together. At this point, you ask the judge for leniency, he may or may not accept it by counter proposing something like a defensing driving where you spend 8 hours in a class room. That's what happened in our case, but we did have a lawyer that handled everything for us. The fact that the lawyer knew the judge, the police officer, the clerk and pretty much everybody else, sure was of a great help. Get yourself one now, or pay for one (and more!) over the following years in increased insurance premiums...vtecNSX1 said:
I don't know what the point total/fine is in California. I got the same ticket here in Maryland 17 years ago and it was 12 points! That's when they take your license. At the time, I was also in the Air Force ROTC program. I think it was after about 5 or 6 points on your license and they boot you from the program.
I had alot at stake, so I asked around and found a decent attorney. Of course at the time, I had no money either, but... He saved my a$$. Right before the hearing started, he asked me to look around and see if I recognized the guy I was racing, I said I didn't see him, so he approached the judge and said a few words and I walked! That's right, no points, no fine, nada.
The cop walked up to us after the hearing kind of laughing, he obviously knew my lawyer, they had a few friendly words then he looked at me and said "you know you just made his Jaguar payment this month."
Sorry for my long-winded story. The point I'm trying to make is that you NEED an attorney. You CAN afford it, work overtime if you have to, go deliver pizzas if you have do, do whatever!
Anyway, best of luck and I'm glad you learned your lesson, we were all young once.
I had alot at stake, so I asked around and found a decent attorney. Of course at the time, I had no money either, but... He saved my a$$. Right before the hearing started, he asked me to look around and see if I recognized the guy I was racing, I said I didn't see him, so he approached the judge and said a few words and I walked! That's right, no points, no fine, nada.
The cop walked up to us after the hearing kind of laughing, he obviously knew my lawyer, they had a few friendly words then he looked at me and said "you know you just made his Jaguar payment this month."
Sorry for my long-winded story. The point I'm trying to make is that you NEED an attorney. You CAN afford it, work overtime if you have to, go deliver pizzas if you have do, do whatever!
Anyway, best of luck and I'm glad you learned your lesson, we were all young once.
Someone beat me to the post and echoed the same thing I said. One more thing, check with your insurance company and find out what your new auto rate will be after you get X amount of points. There is a good chance you will not be able to keep your NSX. Are you saying you STILL cannot afford a lawyer?
Do yourself a favor, follow the advice given. Otherwise you just might end up learning TWO valuable lessons!
Do yourself a favor, follow the advice given. Otherwise you just might end up learning TWO valuable lessons!
Ya i really dont mind paying for the lawyer its just that i dont have the money right now, i would need to make payments. I guess ill start calling around and try to find someone. But I still dont understand what the judge lowering it to an infraction did, except make it more difficult for me to get a lawyer and not give me a criminal record.
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believe me if you'd realize what's at stake here, you would have already gotten one.vtecNSX1 said:
No.vtecNSX1 said:
vtecNSX1 said:
It seems to me there is a part here you do not exactly understand... Let me help you a bit by saying that if now you don't have the funds to get yourself a lawyer, when you are convicted, you wont have the funds to pay for your insurance. If you are at least 25 and no prior violations, maybe it will be bearable, otherwise might as well forget it...
if you can only afford payments, then the only thing you might be able to do at this point, is contact these folks and see if they can help you. Good luck !
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The attorney that will be assigned to your case (if they accept your membership application) will be a local lawyer. These folks are just a network of many independent lawyers who accept to be part of this network, just like doctors and hospitals do with health insurance. The monthly fee is really very low...vtecNSX1 said:
Echoing the other sentiments, GET A LAWYER. You are 19, have and NSX and are wondering if its worth it to get this off your record? No offense, but do you understand how much money this is going to cost you if you DON'T get a lawyer. You don't have a choice about paying for this mistake. Your only choice is who you pay and how much. From 19 to 25 your insurance is going to to be killer anyways.
A little to a lawyer now (and maybe some to an insurance company too) OR
A LOT to an insurance company for the next 5 years or so.
Trust me, you don't want to learn this the hard way. Steveny is right, sell something, deliver pizzas, work overtime or otherwise but GET A LAWYER. And I'll go one further, get the best damn traffic lawyer in your district and then worrry about how to pay for it. All lawyers are NOT equal.
I would also say that how you carry yourself does a long way in these sorts of situations. Be polite, respectful and professional at all times - convey the message that you HAVE learned your lesson.
A little to a lawyer now (and maybe some to an insurance company too) OR
A LOT to an insurance company for the next 5 years or so.
Trust me, you don't want to learn this the hard way. Steveny is right, sell something, deliver pizzas, work overtime or otherwise but GET A LAWYER. And I'll go one further, get the best damn traffic lawyer in your district and then worrry about how to pay for it. All lawyers are NOT equal.
I would also say that how you carry yourself does a long way in these sorts of situations. Be polite, respectful and professional at all times - convey the message that you HAVE learned your lesson.
Hey thanks for the advice everyone. Ok i better get a lawyer now i just need to figure out how to find the best one and how to pay for it. Does anybody know of a good website or something to find a good traffic lawyer in my area? The prepaid service seems interesting ill give them a call tomorrow. The thing is i most likely wont need a lawyer again any time soon so ill have to talk to them and see how it works.
Got a credit card?
Lawyers take plastic!
Lawyers take plastic!
vtecNSX1 said:
As always, Google is your friend!
http://ntan.org/index.html
http://www.legalmatch.com/law-library/speeding-and-moving-violations.html
those are just two picked from the first page of Google hits - I know nothing about them and you're on your own as to actually finding an attorney through any such services - some of them could be scams, some could be total wastes of time - but somewhere out there is a list of good traffic lawyers. Look in your local yellow pages - after the full page ads for the accident and injury guys you will find some who specialize in traffic cases.
I am no lawyer, so I might be way off, but I believe this is standard practice in a lot of jurisdictions. The bottom line is, an infraction is not a crime (misdemeanor or felony), therefore you do not have the right to face your accuser (the officer) in court. So, if the cop doesn't show up, it won't be dismissed like it would for a traffic violation.vtecNSX1 said:
Basically, all the standard burdens of proof (by the court) are circumvented, and your speeding ticket becomes the equivalent of a parking ticket (with a higher impact financially, of course).
I'm no expert in this area (thank God) but aren't moving violations here in California considered Infractions already (least it was when i was a kid)? And if he pleads not guilty, the officer must show to present proof of the violation?nkb said:
No, I think that is the purpose of making it an infraction, so that the officer doesn't need to show up. Just like if you got a parking ticket. The metermaid doesn't need to prove anything, and doesn't need to be present.JOPRIMO said:
It would probably help if a lawyer would respond, to set us straight.
for starters you are lucky that the judge lowered it to an infraction (only 1 point) instead of a misdemeaner which is 2 points and stays on your record for 7 years i believe. i had the same thing happen to me except it wasnt lowered to an infraction. i would be very happy with that but who knows if you get a lawyer you might walk out of this with nothing on your record. BTW misdemeanor 2 points.......infraction 1 point. speed contest is a misdemeanor. hope all goes for you
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2 Points if convicted of VC 23109. See (section d) in http://www.dmv.ca.gov/pubs/vctop/d06/vc12810.htmvtecNSX1 said:
Otherwise you can ask politely of the judge to lower it (emphasize politely). Just a question though... why did you please Not Guilty?
Hey i just thought id give another update. It got dismissed! My attorney apparently went to the trial and had the case dismissed. 
Overall im glad it happened because now i dont do it anymore and i learned a good lesson. Thanks for all the advice that everyone gave me it is much appreciated.
Overall im glad it happened because now i dont do it anymore and i learned a good lesson. Thanks for all the advice that everyone gave me it is much appreciated. Wonderful... now can you tell us how/why it was dismissed?
