What to say to the Judge?

R Q

R Q

Well-Known Member
Joined
Apr 4, 2005
Location
Charlotte
I've got to go to court tomorrow about my speeding ticket. I have had the speedometer calibrated and it's off.
When he asks how I plead, do I say "guilty with an explanation and certified speedometer calibration"?
 
When I've had to go, everyone makes their plea first thing.. then you're in recess for a while, then your case is called, and you can explain it all then.
 
R Q said:
I've got to go to court tomorrow about my speeding ticket. I have had the speedometer calibrated and it's off.
When he asks how I plead, do I say "guilty with an explanation and certified speedometer calibration"?
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I'd think it depends on HOW MUCH the speedo is off... IOW, if the speedo is off 5mph, kinda senseless to argue the point of a 15mph over ticket! :shaking:

If the speedo is off within 1-3mph of your overage (posted MPH vs clocked speed), IMHO you have a decent chance to have it reduced... After all, your a nice, hard working guy... as opposed to the usual 16y/o looking to beat the 30+mph over ticket in daddy's new Mustang GT/Vette the judges commonly see in front of them. I'd certainly take those odds over lining some fat good ol' boy lawyer pockets that rolled over on me (no offense to the lawyers on this board!) if faced with it again...

1st=80/55
2nd=Failure to yield to oncoming traffic
3rd= 72/55

Luckily, I've learned :D & have been "points free" for 12 years now!
 
HIRE A LAWYER!!!!

He can get it continued and you'll get off on the speeding most of the time. usually its reduced to improper equipment, which is a non-moving violation, which does not affect points or insurance.

even with poor calibration results, the lawyer can get it taken care of.

But, with very limited experience in the court room, you'd be WAAAAAY better off paying $200 to a lawyer than to try to chance it and end up getting 2 points on your license. Appeals to a conviction of speeding are way more difficult and expensive to sort out.

Simple speeding tickets are easy for lawyers to take care of. Most have good relationships with the judge/DA and can get it taken care of before trial. Plus, with the hassle of missing work or whatever (and not getting paid), I'd just assume stay at work, make some $$$ and pay a lawyer. Acutally I'm only out $75 by the day's end when ya take into consideration a day's worth of pay and how much a lawyer costs...

just my $.02


But, to answer your question, NOT GUILTY of the charges. Even if the speedo is off 1MPH, you are not guilty of the charges. Based on your speedo's information, you were not going 15MPH over, you were 14 MPH over. So, charges of speeding at 15MPH over, you are NOT GUILTY (in your best of knowledge)!!!

And, dress with a suit and tie. It shows respect to the judge and he'll more than likely take that into consideration (most of the time)...

Make sure the ticketing officer is there, if not, ask for a dismissal for failure to show (sometimes works). Ask for calibration records of the officer's radar gun. If they do not have them, ask for a continuance or dismissal. If the radar gun hasn't been calibrated properly, ask for a dismissal...


Rob
 
If you want to go this route....

1) Ask for records of radar calibration
2) ask for officers certification to use radar
3) In NC RAdar is "used only to verify officers estimate" ask for officers points of judgement when estimating
4) If you feel really brave (or are of any minority) ask for surrouning vehicles speed. I.E. flow of traffic, it wont make it ok buty may lay grounds for discrimination...yada,yada,yada

Now I say only if you want to go this route for 1 reason. In '96 I was ticketed with a 69 in a 55 in SC well at the time I had a rough driving history and the ticket woul have meant a loss of license. Also at the time money did not allow for a lawyer. Public Counsel suggested all above actions. I won my case based on point 2 above. Officers radar "cert" had expired.

Luckily I only needed like 2 weeks from original incident before I got 6 points back, from a display of speed ticket.

Because I then proceeded to get 4 separate tickets in 1 month....
and every time I looked in the rearview there seemed to be a cop behind me....

Soooo moral of the story you may win but if you technicality an officer, CHANGE YOUR BEHAVIOR OR YOU WILL PAY...

It took a few times but I learned my lesson. Oh and BTW you can bet when I went to court on the 4 (1 of which was dismissed) all the radar ppwk was in order..

Of course that was in a small rural town, YRMV
 
$200??? when's the last time you had a ticket Rob? the last couple that i have had were closer to 3-400 depending on the infraciton.

plead not guilty, then explain.

also, if you can speak to the DA before court begins, explaining that you've had the speedo recalibrated.

like rob said, proper dress will make a much better case for you than jeans a T-shirt.
 
just make sure you do not get it reported to your insurance. I had a 3000GT vr4 with a lot of extras when I was in highschool and I am still paying for the dozen or so speeding tickets I got. They did not have points back then you just keep getting then and keep getting in trouble. I pay about 500 bucks a month insurance. I am married, with a kid, military, 25 and still pay 1000% more than most. That is on two vehicles that are not really high risk at all.
 
bigassedredjeep said:
$200??? when's the last time you had a ticket Rob? the last couple that i have had were closer to 3-400 depending on the infraciton.
plead not guilty, then explain.
also, if you can speak to the DA before court begins, explaining that you've had the speedo recalibrated.
like rob said, proper dress will make a much better case for you than jeans a T-shirt.
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Last ticket was mid-March...

Paid $225 for the lawyer, and got off on improper equipment...:D

It also helps if you have a great driving history, like I did. Never had any points on my license, so that helps...
 
jeepercreature said:
They did not have points back then you just keep getting then and keep getting in trouble.
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Can I ask where this was?
I got points in HS and it was before a 3000GT was ever heard of...

Not doubting you, just wondering where I could have been so lucky :D
 
rockcity said:
Last ticket was mid-March...
Paid $225 for the lawyer, and got off on improper equipment...:D
It also helps if you have a great driving history, like I did. Never had any points on my license, so that helps...
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send me your lawyer's name...
 
Caver - it dosn't matter how much it's off.
My wife got here's "calibrated", and lo and behold the speedo read OVEr the truth.
As long as its' incorrect, you're off.

Yes, the system is broken. Yes, it's a crock. And Yes, I'm perfectly happy taking advantage of that.
I have a good example of this but need to split, back a little later.
 
RQ, When was you last ticket??

Like everyone said - if its off enough to put you within 5mph or so of the posted limit -Not guilty- They will work with the judge and most likely give you improper equiptment - Maybe pay a small fine + court costs.

If you've had a clean driving record for more than 10 years, most likely they will throw it out - without a lawyer.

If it was more than 10 mph over I would get a lawyer and give hime the evidence of your speedo correction.

If it were me... get a lawyer... and you won't have to bother going to court, and it would be pretty unlikely you'd get a speeding conviction unless your driving record is terrible.
 
RatLabGuy said:
Caver - it dosn't matter how much it's off.
My wife got here's "calibrated", and lo and behold the speedo read OVEr the truth.
As long as its' incorrect, you're off.
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That's only 1 judges interpretation of 1 case on 1 day... unfortunately, that's never been the case during my 3 appearances in front of "the man"! :mad:
 
I haven't had a ticket in over 16 years.
My speedo was off about 8 mph. 68 in a 55 so I should be okay.
I called the exwife who works for a law firm (I know, shoulda thought of that earlier) and she checked with one of them and they said I should be fine pleading not guilty and showing what I have and explaining myself.
I wouldn't count on this HP Officer not to have his stuff in order, he was by the book all the way!
Thanks for all the posts and help. It's been fun reading them all day cramped up in the office.
 
bigassedredjeep said:
send me your lawyer's name...
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Some lawyer in Richmond, VA. I'd have to look up the name.

Got another lawyer here in town that deals with these things, about the same price... (Mark Owens)



Good luck in court and when you're done, sit down for a :beer:
 
Okay, so here is a neat example of how "broken" the traffic fine system is. And, useful to know if at least you live in Forsyth County.

Last month I got pulled doin' 66 in a 50. yes, I know, stupid.
point is, 16 over - by law, you have to go to court (no option to just pay ticket). Of ocurse, we all know just paying is the worst thing you can do anyway.

So, I made soem calls and talked to a few lawyers. Found out something interesting. Yes, in FC, you can do a "plea' for changing the penalty to improper Equipment. BUT - you can only do thsi 1 time every 3 years, AND ONLY if your record is decent (AKA, just 1-2 minor tickets, no DWIs etc. To make sure you don't lie or something, the lawyer has to take a copy of your record with him.
However, one guy knew a trick.
"improper Equipment" is not a moving violation, and hence is not part of your state DMV driving record - only on county records for fines, etc. Hence, if you go to teh county and get your record, everything shows up.
BUT - if the lawyer pays the $10 fee for a copy straight from DMV in Raleigh - guess what, it only has moving violations. So he takes that to the DA, and DA drops the charge to improper equipment... no insurance point, no driving points, nothin. Just a fine.
So, for $250, you get *nothin* permanent. The kid taking $$$ at said lawyer's desk said he has had many many excessive tickets, and yet no points or record.
Point #1 of all this - pay for the lawyer. Its only $75-100 more and worth every penny.
Point #2 - system is clearly bias against folks who (a) aren't smart/educated enough to work around it, and (b) can't pony up the extra cash up front to save themselves $$$ in the long run. AKA, I'm off Scott Free b/c I can afford it. 250 bones sure hurts, but it coulda been worse.

EDIT - important note - As of July1, in Fors. Co., you cannot do the "plea" if the infraction is > 14 over.
 
ShyHiK5 said:
Can I ask where this was?
I got points in HS and it was before a 3000GT was ever heard of...
Not doubting you, just wondering where I could have been so lucky :D
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Texas, I think they have since gone to the point method but only since I have been gone. The gt was a 98 and this was in 98.
 
Ive had one ticket...55 or 50 in a 35

yea alot over, but its on a perfect straight road, and every one else was doing 50 or more, yet the kid pulling out of the high school got the ticket :shaking:

In any case, mine cost about 250 dollars i believe...

200 for court costs, because apparently if you decide to not even USE the court, you still owe them 200 dollars...

and 50 for a defensive driving class. If your over 15 mph, you gotta ask the DA for permission to take the class. Basically it automatically drops your ticket to improper equiptment, however, you can only use it like once every...3 years I believe..
 
Ive had 5 tickets, no insurance rise, and never paid more than $200 for a lawyer. Here's what has worked for me:

1st ticket, 3/2001: 50/35, talked to DA, reduced to 44 in a 35, insurance company waives one ticket every three years if less than 10 over. $125

2nd ticket, 4/2001: 74/55, talked to DA, reduced to 69 in a 55, Caldwell County, take the class and get driving with improper equipment (non moving) $135

3rd ticket, 5/2002: 73/45, went straight for lawyer, $200 later I had a PJC

4th ticket, 1/2004: Running a redlight (100% yellow, but thats a useless argument), called every lawyer that sent me a letter, made a spreadsheet of price, how well they presented themselves, and what they claimed they could do. $150 later I had a city code violation for running a stop sign (non moving)

5th ticket, 5/2005: 63/45, lawyer, $145 later I had a PJC.

So while I have three tickets that gave me points on my license, my insurance never rose a penny. Over the course of the past 6 years, I have spent a total of $745 on lawyers and tickets, but given that I was 17 when I got my first two tickets, I think I have saved a lot of money over what insurance would have gone up to. Hope that helps somebody.
 
I’m in pressed with some of yalls expertness in this field. But all of the above can work hell if I was the officer that wrote the ticket if you told me you got your Speedo checked and it was off id drop the charges if you promised to get it fixed but that’s gist me :beer: what the hell do i know :beer:
 
ramitall2 said:
I’m in pressed with some of yalls expertness in this field. But all of the above can work hell if I was the officer that wrote the ticket if you told me you got your Speedo checked and it was off id drop the charges if you promised to get it fixed but that’s gist me :beer: what the hell do i know :beer:
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Last 2 times i've been pulled, the LEO TOLD me how to deal with it, how to talk to DA and get it reduced etc, in both cases openly admitting that the whole thing was just stupid, but the town had told him to pull people there and he was just doing his job.
Oh yeah, last time, I'd left my wallet at home (I was VERY upset at this b/c i NEVER leave w/o it and thought it was lost) also had an overdue inspection. I was polite to the LEO, and he admitted there was no value in even reporting those infraction.
Honestly, he was a nice fella, I have a lot of respect for those guys.
 
Something I might be able to help out on.

Most of this has been acurate information. I have attended court in NJ, MD, VA, TN, NC, and SC. Some of them multiple times. Any charge from 94 in a 55 to failure to completely stop at a duly posted stop sign. I deserved most of the tickets. My insurance record is clean. I do not pay any more than someone who has never been pulled over.

I have rarely hired a lwawyer to handle my cases. (Use them for 20 over or better).

If your charge is 68 in a 55 and you can show the caliberation your charge will be reduced to 60 in a 55. Your charge will probably not be dropped.(been there, done that - Raleigh-). Plead guilty to the new charge of 60 in a 55, pay you fine, and you are done. If your record is like you said there will be no insurance rate hike.

I am surprised and glad that there has not been people telling you to ask for a PJC(prayer for judgement). This is the freebee. It is not wise to use this on a ticket like this, since it will not show up anyway. Save it just in case you need it at a later time.

Make sure you present the caliberation to the DA before your case is called. If for some reason the court will not accept your caliberation, ask the DA for a reduction. He/she should reduce it to a 64 in a 55. Plead guilty to the new charge, pay your fine. Again, no insurance change.

As far as dress, I would not wear a suit. I wear a nice pair of kaki pants and a button down shirt. Leave your hat in the truck. Do not even take it into the building. The reason I say no suit is because most people I have seen in suits that are not lawyers are the ones in the court room that are so nervous the judge seems to want to scare them from ever comming back. They seem to be the ones that even the DA wants to screw with.

Make sure you take a pocket full of CASH. Courts will not take a credit card, and a lot will not take a check.

Oh yeah, good luck.
 
R Q said:
I've got to go to court tomorrow about my speeding ticket. I have had the speedometer calibrated and it's off.
When he asks how I plead, do I say "guilty with an explanation and certified speedometer calibration"?
Click to expand...
To late you should have done that before the ticket, you knew that the gears & or tires threw it off, suck it up & pay the piper.
 
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