Need to fight a speeding ticket. Is it worth it getting a lawyer? (Page 1/4)
rbell2915 DEC 06, 11:47 PM
Long story short, I was taking an off ramp around a bend and a cop clocked me going 59 in a 35. It happened to quickly to even slow down, and I'm almost positive I wasn't even in the 35 mph zone when he clocked me. I was given a $187 ticket.

Illinois has a graduated licensing program, so you have to be the best driver in the world until you reach age 21. Unfortunately, I am 20 and this is my second ticket in a 24 month time frame, so if I admit guilt to this my license will be suspended for one month at minimum. Possibly even longer. So I have to fight this ticket no matter what.

I talked to my chain of command and I was told to talk to a lawyer about fighting it. The lawyer said


quote
I have reviewed your ticket. It appears to be free of most common defects.
There are two unknowns at this point. Whether the officer files the ticket within the time limits required and whether he will show up at court if you contest it.

You have three choices for dealing with this ticket.
1. Admit and pay the fine;
2. Deny and appear before a Judge or hire an attorney to appear for you; or,
3. Write a letter in mitigation to the court asking for a reduced speed/fine. (this choice is almost as bad as choice number 1 as the Judges will
routinely deny your mitigation letter).

I would charge a fee of $500 to defend on the case and appear for you to request a dismissal. If unsuccessful at the first hearing, I will request a trial setting to see if the officer attends court. If he fails to appear, I would move for dismissal of the charge.

Please let me know if I should prepare and forward a written retainer agreement with payment instructions.



Is it going to be worth it to pay $500 for this? If I lose, I'll be out $687.
Should I just represent myself? What is going to be my best course of action?
RWDPLZ DEC 07, 12:11 AM
$687 is cheap compared to the alternative, especially when you consider the increased insurance for a person your age, and the way the points will affect you going forward. If you defend yourself, the judge likely isn't going to even go by the books and give an automatic 'guilty' regardless of circumstances or evidence, but might be more careful and try the case properly when dealing with a lawyer.
maryjane DEC 07, 01:21 AM

quote
Originally posted by RWDPLZ:

$687 is cheap compared to the alternative, especially when you consider the increased insurance for a person your age, and the way the points will affect you going forward. If you defend yourself, the judge likely isn't going to even go by the books and give an automatic 'guilty' regardless of circumstances or evidence, but might be more careful and try the case properly when dealing with a lawyer.


OTOH, if he fights it with the $500 attorney and still loses, he has to pay the fine, the attorney, AND still gets the points and increased insurance premiums..........

If you really think you are innocent, fight it in court..with trained legal representation.
If you're just trying to beat the ticket, 'hoping' the officer doesn't appear, just be equally prepared to pay the price.
Khw DEC 07, 01:55 AM
Just curious but is Traffic School an option? They kind where you pay the fine for the ticket, attend the class and once completed show proof of completion to keep the ticket off your record?
rbell2915 DEC 07, 02:01 AM
It sounds like the lawyer wants to get the charge dismissed, and is counting on the possibility of the cop not showing up. I highly doubt the officer would appear twice.

And I'm not sure if court supervision/traffic school is a thing in Hawaii.
dratts DEC 07, 02:01 AM
Why not at least go for #2? Costs nothing and has a better chance than #1. edited: Oh! The lawyer gets to require the cops presence twice and you only once. Is it worth $500 to shift the odds quite a bit? It sounds like it might be worth it in your case and I remember when I moved to Ca. at your age. I had four tickets in four months. You might want to think about changing your driving style. Or not.

[This message has been edited by dratts (edited 12-07-2017).]

blackrams DEC 07, 04:54 AM
Not sure if this is an option for you or not but, I have gone to court to contest a ticket. Some times, you get the bear, sometimes, the bear gets you.

From my experience (this one in particular) most prosecuting attorneys are available prior to the actual hearing to see those that are going to be contesting those charges.
I have gone to see these prosecuting lawyers and gotten a charge reduced to something much less in the eyes of the law and to insurance companies. You're still going to end up paying the fine (my experience) but the reduced charge that you will be required to plead guilty to will not affect your insurance rates (nearly as much). While the LEO has one goal (to slow you down), the prosecuting attorney and the courts) have an additional goal of revenue generation. Personally, I'd avoid the attorney and plead my case to the prosecutor.

The one time I actually felt like I wasn't guilty, I actually did go to court and the LEO didn't show up so, my case was dismissed. You roll the dice and take your chances.

Been there, done that (before I figured out that driving like Roger was stupid).

[This message has been edited by blackrams (edited 12-07-2017).]

fierofool DEC 07, 06:34 AM
Does Hawaii have a minimum sight distance for the use of speed detection equipment? Many states do. It's to prevent the hiding behind the bush or sign speed trap sort of thing. For example, in my state, the officer's vehicle must be clearly visible for a distance of 500 feet, and it must be a marked vehicle.

US DOT also requires speed reduction signs to be posted at specific distances prior to a drop in posted speeds. Are those signs present and properly posted?

[This message has been edited by fierofool (edited 12-07-2017).]

Keel DEC 07, 07:26 AM

quote
Originally posted by rbell2915:

Long story short, I was taking an off ramp around a bend and a cop clocked me going 59 in a 35. It happened to quickly to even slow down, and I'm almost positive I wasn't even in the 35 mph zone when he clocked me. I was given a $187 ticket.

Illinois has a graduated licensing program, so you have to be the best driver in the world until you reach age 21. Unfortunately, I am 20 and this is my second ticket in a 24 month time frame, so if I admit guilt to this my license will be suspended for one month at minimum. Possibly even longer. So I have to fight this ticket no matter what.

I talked to my chain of command and I was told to talk to a lawyer about fighting it. The lawyer said


Is it going to be worth it to pay $500 for this? If I lose, I'll be out $687.
Should I just represent myself? What is going to be my best course of action?



Is it worth walking for 3 months?
is it worth the insurance hike if your lic to drive is suspended, It also is a surchargable event.. meaning you'll get nailed on your insurance for 6 years for the suspended lic. and the speeding ticket..
500. 00 is spit compared to what it will cost you over 6 years if you loose..
Also the suspended lic. is a points event, meaning 3 hits on your lic within so much time, you might get it back after that set time, only to have them suspend it again for 3 surchargable events within x months.. And the 2nd one will be 6 months to a year..

I'd fight it with a lawyer..

[This message has been edited by Keel (edited 12-07-2017).]

bonaduce DEC 07, 08:37 AM
Long shot, but I beat one when I showed up to court with a receipt for a repair of a vehicle speed sensor, had to pay the court surcharge but still better than the points and fines. Easily done if you know someone in the business of repair or part sales.

dan