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Thread: Never go down without a fight...

  1. #1
    Vulture of The Western World Eric's Avatar
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    Never go down without a fight...

    Traffic court's a lot like buying a car - because there's lots of haggling involved.

    Or should be - if you're smart.

    Most people either just send in the fine - or go to court and make no real attempt to bob and weave their way out of the ticket.

    Cattle do the same thing on their way to McDonalds.

    Even if you have a perfect driving driving record, each and every ticket is worth fighting. Reason? The presence of even a single "moving violation" on your driving record - no matter how minor (or bogus) canend up costing you hundreds, maybe even thousands of dollars over the 3-5 year period it will be visible on your DMV rap sheet.

    Especially if you are under 25 and single. A couple of "minor" speeding tickets can easily increase what you pay for insurance by a third or more.

    Remember: Your insurance company is all about maximizing the revenue stream - just like the cop who gave you the ticket - and even though your piddling 66 mph in a 55 zone "speeding" ticket doesn't in any fair-minded way mean you're an unsafe driver, rest assured the insurance company will use it as a pretext for claiming that you are - and will jack your rates up accordingly.

    It is not about "safety." It is about money. Understand this.

    If your insurer hits you with a 10 percent surcharge annually for the three years most state DMVs keep a moving violation "active" on your record, the dollars add up fast - and can end up being several times the cost of the actual fine itself. Perhaps more than the cost of hiring a good traffic attorney, even.

    But the real catch is what happens if, during that three-year period when the first ticket is active, you have the bad luck to get pinched a second time. Now you have two moving violations on your record - and the "points" that go along with them.

    While some insurance companies will not mug you over a single moving violation, few leave you alone after number two.

    Which is why it's crucial to fight that first one - no matter how small it may seem.

    So, what can you do?

    Basically, your options come down to dealing with it yourself or hiring a traffic lawyer to do it for you. The first option is obviously cheaper - and can work, too. But the second is more likely to succeed, simply because an experienced lawyer knows how the game is played. And that's just what it is, guys - a game.

    If you want to go it on your own, here are some things you can try:

    * Continuances -

    Many states allow any person charged with a moving violation an automatic "continuance" - which means you can ask the court to change your original court date to a later date, often simply by requesting that it do so. Usually,it's a simple matter of making a call to the court clerk's office. Tell them you will be out of town on the date listed on your summons but want to be in court to contest the ticket. What typically happens is the case gets postponed at least a few weeks and sometimes a month or more.

    Why do this? Several good reasons:

    One, let's say you got a ticket in fall and the original court date is in November. By getting a continuance that pushes the court date into the new year, you might avoid losing the "plus" point that some state DMVs give drivers for going a calendar year free of* convictions for any moving violations.

    Two, you might just throw a monkey wrench into the bureaucracy. Paperwork does get lost; the cop might not show to your second, "continued" court date. If either happens, the charge against you might get dropped entirely.

    Three, you have absolutely nothing to lose by doing this. It's free - and it's a good way to game the system, just as the system is trying to game you.

    * Ask the judge - or the prosecuting/commonwealth's attorney - about the possibility of allowing you to attend the DMV's hokey "driving school" and/or pay a fine in return for dropping the charge against you -

    The critical thing is to avoid being convicted of a moving violation, for the reasons explained earlier.* Many judges will "give you a break" (ha!) by allowing you to plead guilty to "defective equipment" or some other non-moving violation, pay a beefy fine or waste a Saturday at the DMV "driving school" - where you'll spend eight hours listening to (and pretending to agree with) claptrap about the perfect virtue of all speed limits.

    Any of these options is preferable to being convicted for the original moving violation because your insurance company won't have a pretext for a rate hike. In some counties/states, certain charges aren't reported to the DMV at all - especially if it's an out-of-state ticket. Mostly, these include non-moving violations such as "defective equipment" - a common "lesser charge" that's often assigned in lieu of the original moving violation.*

    Even the beefy fine's not so bad, though - because it's a one-time hit vs. the ongoing fleecing you'll get for having even one moving violation on your driving record.*

    In some states, it's also possible to take the DMV-authorized "driving school" online - which lets you avoid the hassle of spending an entire Saturday re-living high school detention. (See http://www.trafficschoolonline.com for more information.)*

    Lastly -

    * Hire a traffic lawyer -

    The cost to rent a legal eagle to handle a minor traffic case (normal speeding, not "reckless driving," DUI or a major charge that has a mandatory court appearance and the possibility you might get thrown in the clink) is typically between $500 and $700. It sounds steep, and it is steep, but for all the reasons outlined previously, it can be money well-spent - especially if you are unlucky and get another ticket at some point during the next three years.

    It's pretty easy to find a traffic lawyer in most areas; just Google the county/state in which your case will be tried and add the keywords "ticket" and "lawyer."* Look for one who has been doing this for awhile and who regularly appears in the court where you'll be appearing. The best defense lawyers are former prosecutors. Interview your prospect, ask him specifically how he will handle your case - and what his success rate is in getting charges like yours reduced or dropped.*

    If he wins, you'll have the satisfaction of seeing the cop who cited you turn beet red with anger as you slip the noose.

    And that is worth a lot more than the cost of any fine.

  2. #2
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    I think you need to qualify some of your remarks. You said "the cop might not show to your second, "continued" court date." That may work in your state but not in others.

    The date on a traffic citation calls you to appear at an arraignment hearing, where you plead. If you ask for a trial it will be scheduled so that the citing officer will be there. If you get a continuance the same thing holds.

    So, the chances of the cop not being there are nil.
    Dennis - Tucson

  3. #3
    Vulture of The Western World Eric's Avatar
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    Quote Originally Posted by D_E_Davis View Post
    I think you need to qualify some of your remarks. You said "the cop might not show to your second, "continued" court date." That may work in your state but not in others.

    The date on a traffic citation calls you to appear at an arraignment hearing, where you plead. If you ask for a trial it will be scheduled so that the citing officer will be there. If you get a continuance the same thing holds.

    So, the chances of the cop not being there are nil.
    Yes, you're right, it varies by state.

    In Va, for example, there is no arraignment date. You are given a court date. The proceedings here are very pro forma - and it is typical that most people just send in their payment. It is not necessary (let alone required) for the person issued the ticket to tell the court, in advance, whether he will or will not contest the ticket. Since most people just pay, what usually happens on the court date is the judge peels your summons off the huge pile on his desk, sees you plead guilty and sent in the fine - and rubber stamps the whole thing and moves on the next one.

    If, however, you do show up, then you are entitled to the same basic process as anyone charged with a criminal offense - including the right to be confronted by the witness against you (the cop). If the cop doesn't show - and in our state, that does happen (why? cops are not required to attend court dates; while they get paid to attend, it is just as tedious for them as it is for you and I. Sometimes, the cop would rather be fishing. Or maybe it's too far. Or something else came up. ) there's a decent chance the judge will dismiss the case.



    But you're right that this may not be operative in your state - or others.
    Last edited by Eric; 02-13-2009 at 08:02 AM.

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