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First Speeding Ticket

  • Got my first speeding ticket going 20 over southbound on I-95 in Howard county. Cop got me with a laser (lidar) gun.

    Is it worth going to court over? And if so, should I request a trial or a waiver hearing where the judge just decides your sentence. If the cop does show up to court at the trial, am I pretty much screwed over or is there anything I can say to the judge?

    I have no idea what to do so any help is appreciated.

    goterps77

  • Because it's your first ticket, your best bet is to plead "guilty with an explanation." You still have to go to court, but, unless the judge is a dick, you'll get probation before judgment, no points and a reduced fine.

    UMD2004

  • Thanks. Do you know if it's possible to request a trial and see if the cop shows up, and if he does, just decide to plead guilty with an explanation instead? And do I have to pay court fees? It didn't say anything on the ticket and I can't find anything on the district court website.

    goterps77

  • first, did he write u for doing 20 over or did he already cut u a break and write u for doing "9 over". if he already wrote u for the reduced rate just pay it. that means he already gave u a break. otherwise, I believe its a 2 pt violation, so go to court. ***I don't know how Howard co is, so hopefully someone else will speak up. if u go to court listen to how its going. lot of judges will cut it down to 9 over if you plead guilty and that will cut points from 2 to 1 and they might cut fine. have to be careful some of the higher speeds the judges like high fines.

    if at court and cop not there some judges let u pled to reduced charge and u don't have to come back if cop had reason not to be in court.

    nihterp

  • I'm a slow typist. LOL. always have to pay court costs. they want your money!

    nihterp

  • goterps77 said...

    Thanks. Do you know if it's possible to request a trial and see if the cop shows up, and if he does, just decide to plead guilty with an explanation instead? And do I have to pay court fees? It didn't say anything on the ticket and I can't find anything on the district court website.

    You just request the trial. If the cop doesn't post, you just enter a plea of not guilty and walk out. If he is there (and they'll tell you because he is the plaintiff in the case) then you just go with the guilty plea and take your probation.

    Always have to pay the court costs.

    fearthenoodle

  • If the cop doesn't show because he's responding to a fatal car accident on 95, you plead and get a PBJ or come back for another court date.

    Baldwin

  • I was zooming down Randolph Road last week, wondering why Marylanders are such slowpokes, when I finally noticed the speed cameras. My rental car company is going to be pissed.

    SATerp

  • so it's not worth hiring a lawyer for this, correct?

    goterps77

  • SATerp said...

    I was zooming down Randolph Road last week, wondering why Marylanders are such slowpokes, when I finally noticed the speed cameras. My rental car company is going to be pissed.

    Nah, they'll just pop your credit card. They'll have the picture to prove it.

    attachment

    bnyman

  • goterps77 said...

    so it's not worth hiring a lawyer for this, correct?

    Nope.

    There is pretty much a 95% chance your charge will be reduced in someway if you show up to court.

    OrangeTerrapin

  • OrangeTerrapin said...

    Nope.

    There is pretty much a 95% chance your charge will be reduced in someway if you show up to court.

    That's good to hear... so if I'm at court and the officer shows up what do I say? Just plead not guilty and throw out some things about his laser gum not being calibrated or all the other stuff u find on Google?

    Or will it most likely be that I talk to the prosecutor beforehand and try to make some deal with him?

    goterps77

  • goterps77 said...

    his laser gum not being calibrated

    Wait, wat?

    SATerp

  • goterps77 said...

    That's good to hear... so if I'm at court and the officer shows up what do I say? Just plead not guilty and throw out some things about his laser gum not being calibrated or all the other stuff u find on Google?

    Or will it most likely be that I talk to the prosecutor beforehand and try to make some deal with him?

    No, no, no. Judges have heard that all before. If the cop shows, plead guilty and the judge will take it easier on you. You only plead not guilty if you can prove the cop screwed up, otherwise the judge is going to believe the cop.

    If you plead guilty or guilty with an explanation, it will probably go like this:

    Judge: How's your driving record?
    You: This is my first ticket.
    Judge: That's what I like to hear. Probation before judgment, $x fine, $x court costs. Please pay the clerk. Next.

    This post has been edited 3 times, most recently by UMD2004 on 1/16/2012 at 2:55 PM

    UMD2004

  • UMD2004 said...

    Because it's your first ticket, your best bet is to plead "guilty with an explanation." You still have to go to court, but, unless the judge is a dick, you'll get probation before judgment, no points and a reduced fine.

    This is what I thought when I got my first a couple years ago. Original ticket was $85. Judge reduced the fine to $60, plus $25 for court costs. I seriously wanted to throw something at him.

    Major Major

  • Major Major said...

    This is what I thought when I got my first a couple years ago. Original ticket was $85. Judge reduced the fine to $60, plus $25 for court costs. I seriously wanted to throw something at him.

    Yes, that's what happens. But I bet you also got a PBJ and no points, which is better than what would've happened if you just paid the ticket. Points are what really matter because they raise your insurance.

    This post was edited by UMD2004 on 1/16/2012 at 2:53 PM

    UMD2004

  • UMD2004 said...

    No, no, no. Judges have heard that all before. If the cop shows, plead guilty and the judge will take it easier on you. You only plead not guilty if you can prove the cop screwed up, otherwise the judge is going to believe the cop.

    If you plead guilty or guilty with an explanation, it will probably go like this:

    Judge: How's your driving record?
    You: This is my first ticket.
    Judge: That's what I like to hear. Probation before judgment, $x fine, $x court costs. Please pay the clerk. Next.

    Hypothetically if i did go to court wouldn't the burden of proof be on the cop to prove I was guilty? Lets say I asked him for documents that showed he was fully trained in using the device and he didn't have them? Would this line of questioning help or am I just setting myself for failure.

    This post was edited by goterps77 on 1/16/2012 at 4:06 PM

    goterps77

  • goterps77 said...

    Hypothetically if i did go to court wouldn't the burden of proof be on the cop to prove I was guilty? Lets say I asked him for documents that showed he was fully attained in using the device and he didn't have them? Would this line of questioning help or am I just setting myself for a severe beatdown in the parking lot?.

    fixed

    RandomTerp

  • goterps77 said...

    Hypothetically if i did go to court wouldn't the burden of proof be on the cop to prove I was guilty? Lets say I asked him for documents that showed he was fully attained in using the device and he didn't have them? Would this line of questioning help or am I just setting myself for failure.

    This line of defense is tried so often that all you're likely to due is piss off the judge, be found guilty, and be given the entire fine + court costs. Unless Clancy Wiggum pulled you over, it isn't going to work. Even if he doesn't have the radar documentation, he can say that he visually sighted you speeding.

    Again, if you did what the ticket says you did, just plead guilty. Otherwise, you're risking points and a larger fine just to get out of a small fine. It's your first ticket, it's not a big deal. If it was your fifth ticket in the past year, it might be a different story.

    This post has been edited 3 times, most recently by UMD2004 on 1/16/2012 at 4:19 PM

    UMD2004

  • Last speeding ticket I got, the cop didn't show up to court and the whole thing was dropped.

    bbpgtr

  • My first (and only) ticket was in HoCo for 72 in a 45. I went to court and pleaded guilty with an explanation but was never really asked for an explanation. I just made sure the judge knew this was my first ticket in 20 years of driving and I got PBJ (no points). I did have to pay the fine + costs which I think was about $140. When the cop wrote the ticket and I asked him how many points it would be he told me it would be three and advised me to go to court. On a sad side note, this same officer was killed about 2 years later in a traffic stop when he was struck by the car he was trying to stop. I believe they changed the laws about traffic stops in HoCo as a result.

    julester

  • goterps77 said...

    so it's not worth hiring a lawyer for this, correct?

    I'll represent you. $500 flat fee.

    ledterrapin

  • fearthenoodle said...

    You just request the trial. If the cop doesn't post, you just enter a plea of not guilty and walk out. If he is there (and they'll tell you because he is the plaintiff in the case) then you just go with the guilty plea and take your probation.

    Always have to pay the court costs.

    not necessarily true--I have seen judges on more than one occasion offer PBJ to the entire room if you meet a criterion (one of which is always clean record). Unless you remember what your cop looks like you take that deal without knowing if he is there.

    But yes, always go to court. You will wind up paying about the same but will likely get a PBJ unless you were a dick to the cop or in court.

    TortugaGrande

  • skip your court date. the next day call, pay the fine, and ask for another court date. you're far more likely to be added on a day when your officer doesn't have other cases and is less likely to show up

    2moreterps

  • that's a good strategy, but for a first ticket you don't really need to do that.

    TortugaGrande