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The Notorious S.L.O
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1,106 Posts
Discussion Starter · #1 ·
ok, I got a speeding ticket, 44 in a 30, not whining about it, not being aware of the posted speed is all on me.
the ticket carries 4 points, reduce to 2 if I pay within 20 days. That sounds like incentive to not go to the court date, anyone have any experience with making the court appearance? is the deputy required to attend? are the charges dismissed if he is absent?

tying to decide if I should roll the dice and go to court, and see if he is a no show.
how dedicated can they be in attending, if they are offer me a carrot to pay out early?

any insight would be helpful.

BTW, first ticket since 1999.
 

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Bad Andy
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877 Posts
In Jeffco?
Was deputy named Greenberg or something similar?
I was about to post on something like this recently as well, but went ahead and sent the fine in.
The Deputy had a serious attitude problem the whole time. He REALLY ticked me off. I would have fought it, but figured wasn't worth my time with the reduction in points.
Running a red light, but I was in the intersection on yellow, and it was that really cold and icy night Dec 15th. I still say it was safer to go through the intersection than TRY to stop. I wasn't quite all the way through when light turned red, so same thing, I was in the wrong, but, between the attitude and the way the weather was that night, I almost did the court thing.
This doesn't help answer your question, though - - - sorry! Guess I still have some issues about it!
 

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The Notorious S.L.O
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1,106 Posts
Discussion Starter · #6 ·
SkaredShtles said:
If you did it then you should just pay early and get the point "discount."
yeah, I hear you, can't do the time, don't do the crime. Just trying to see the odds of playing the system and coming out ahead.

ticket is for $155.00, 135 with a 20 buck surcharge. :confused:
 

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Now with 20% more fat!!
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2,031 Posts
From what I remember, you are going in to court to enter a plea (if you don't pay and decide to show up instead).. the officer doesn't have to be there for that. If you enter Not Guilty, then you get a real court date... the officer can blow off several of them causing YOU the hassle of coming back to each new court date. The cost of the court will be on you if you lose. I like to go and try to plead no contest or guilty and reduce my points even more... sometimes, if you have a clean record, the "law-talkin' guy" will offer you 1 pt (operating a defective vehicle or some crap) if you accept guilt or don't fight it... then you go wait in line and the judge accepts it usually. After you are a crappy driver, it's usually cheaper to just mail in the fine. This is a great way for states to make revenue in a slumping economy!
 

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MFin' Princess
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5,488 Posts
JSD303 said:
From what I remember, you are going in to court to enter a plea (if you don't pay and decide to show up instead).. the officer doesn't have to be there for that. If you enter Not Guilty, then you get a real court date...
True - but know for a fact that anything and everything you tell the DA will be immediately relayed to the officer, who, if he's a completely unethical slimeball who's simply intent on doing whatever's necessary to make his ticket "stick," will use every bit of that information to write up whatever he has, to in undated reports, and craft his evidence and testimony as necessary to try to win against you. Cough. Ahem. If you know what I mean.


The long and short of this lesson is, the DA is not on your side, they represent the cop, so just keep your mouth shut and get a date set if you're going to fight it.

<O:p</O:p
JSD303 said:
the officer can blow off several of them causing YOU the hassle of coming back to each new court date...
Yes, this may happen IF you as a courteous and clueless defendant don't object -- but shouldn't if you know what you're doing.


If the State's witnesses don't show up and the DA requests a Continuance, vigorously object to the judge. Tell the judge the DA's office has had ample time (X months) to prepare their case, and describe the significant amount of time and money you have already lost due to the plea, the pre-trial conference and now the court appearance itself. State that you are ready to proceed as scheduled today, and ask that the judge deny their request. They probably will, especially if you're prepared to proceed and can demonstrate the area was unposted. You shouldn't be jacked around like that, your time as a citizen is valuable. The judge will likely agree. <O:p</O:p<O:p</O:p
 

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Since you have been good

meet with the DA's office and ask for a deferred judgement. What that means is that if the DA's office agrees to do this is that you are promising to be good for a whole year without further incident such as traffic related infractions or anything related to DMV laws.

You get nothing in terms of points or anything and nothing happens to you unless you screw up and get another ticket within that one year - then both tickets are on your head and it will be worse that just the one ticket you have now.
 

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Stiff yet compliant
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1,895 Posts
SkaredShtles said:
He did it. He should just pay. :D
Innocent until proven guilty. Now stop hating America, baconboy. ;)

Diverting from the original topic to andychrysler's comment. When I went through drivers ed. some years ago in another state I was taught that as long as any part of your car enters the intersection before the light turns red you are OK. You need not be through the intersection before the light turns red.
I have always driven this way, am I living a lie?
 

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Bad Andy
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Moustache rider said:
Innocent until proven guilty. Now stop hating America, baconboy. ;)

Diverting from the original topic to andychrysler's comment. When I went through drivers ed. some years ago in another state I was taught that as long as any part of your car enters the intersection before the light turns red you are OK. You need not be through the intersection before the light turns red.
I have always driven this way, am I living a lie?
That's exactly what I remember learning too.
I actually mentioned it to this jerk, I mean Deputy, and he told me you have to be THROUGH the intersection before it turns red.
I was going to look that up and go to court saying he lied to me, and gave me the ticket based on a false premise, but I settled down a little, and with how upset I was with him, figured he'd do whatever he could to make sure this one stuck.
Anyone know the real law on this?
Or have enough time to look it up (cough cough - skaredshtless - cough)?
 

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Thread Terrorist
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5,854 Posts
If you have a real case, go for it. The first court date is to set a court date (or plea bargin). If you were really going that speed and they were using laser radar (as opposed to moving dopplar), then you're just going to be screwed and end up paying the full fine. Your chances of winning are very, very slim when you get a judge, attorney and the officer in there... THey just see you as someone else trying to get out of a ticket. You'll end up paying the full fine. You should retain an attorney if you do go that route.

In the end, 2 points is nothing and goes away within a year. The plea bargin gig is cheap, I'd take it. Its less money than retaining an attorney and less costs to us tax payers to have a judge, prosecuting attorney and court staff in there.
 

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Thread Terrorist
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5,854 Posts
moosehead said:
TVC, you gotta be one of the following, eh?

1) chronic speeder
2) former or current counselor
3) first class arse kicker

Either way, I'm sittin on your side of the table.
THe only differences is she gets tickets for speeding on her bike:thumbsup: :madman:
 

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Stiff yet compliant
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SkaredShtles said:
He admitted it in the post above. Guilty.
I didn't know the MTBR peanut gallery constitutes a court of law.
If the government wants to say you committed a crime and impose a penalty it is their burden to prove you did it.
If btadlock pays the fine before the government proves he is guilty he would be incriminating himself. The 5th amendment says you don't have to do that.

Hmmm...Constitution or SkaredShtles. That's a tough decision.
 

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bacon! bacon! bacon!
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Moustache rider said:
I didn't know the MTBR peanut gallery constitutes a court of law.
If the government wants to say you committed a crime and impose a penalty it is their burden to prove you did it.
If btadlock pays the fine before the government proves he is guilty he would be incriminating himself. The 5th amendment says you don't have to do that.

Hmmm...Constitution or SkaredShtles. That's a tough decision.
Dude... let's get hold of ourselves here.

It's a speeding ticket.

He knows he did it.

Pay the fine.
 

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Registered
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JSD303 said:
From what I remember, you are going in to court to enter a plea (if you don't pay and decide to show up instead).. the officer doesn't have to be there for that. If you enter Not Guilty, then you get a real court date... the officer can blow off several of them causing YOU the hassle of coming back to each new court date. The cost of the court will be on you if you lose. I like to go and try to plead no contest or guilty and reduce my points even more... sometimes, if you have a clean record, the "law-talkin' guy" will offer you 1 pt (operating a defective vehicle or some crap) if you accept guilt or don't fight it... then you go wait in line and the judge accepts it usually. After you are a crappy driver, it's usually cheaper to just mail in the fine. This is a great way for states to make revenue in a slumping economy!
Sounds like you have a lot of experience with the traffic courts.....
 
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