Fighting a traffic ticket in trial by jury?

Has anyone done this before? I called some local lawyers for the area where I got 125/70 and reckless [reckless is automatically added for anything 30mph over the speed limit]. They do not even take cases in the Probate court there because there is one judge there and he A) Always listens to the cops, cool.gif Always find the people guilty. He said it was up to the judge whether I could please nolo or not but if I couldn't I would definitely be found guilty. His recommendation was to get the case moved out of Probate court to the Superior court by invoking my right to trial by jury. Has anyone done this before? He said my initial hearing shouldn't be until out in November, and my trial would not be until out in January. He said a lot of the time the judges do not want to deal with traffic tickets and therefore normally offer decent plea bargains.

 

Don't go to trial if they offer you any deal. Hopefully they will cut you a deal to save time/money

 

That is what I'm hoping to. I figure if I go to the Probate court I will be found guilty no matter what. Might as well delay it and possibly be found not guilty or offered a deal.

 

I am sorry to hear about your trouble.
What's the worst case for that if you are found guilty?
BTW you should get a local lawyer and one call to the prosecutor should get you some kind of a deal.
They work together all the time and an offer to pay a heavy fine should help since the budget crunch.
Eric

 

These days it's a kangaroo court. Sounds like the attorney advice is your best chance.

 

Most states don't allow a jury in these kinds of cases.

Art

 

I talked to a local lawyer that knew the judge. He said this particular judge always take the side of the cops and finds everyone guilty. I am not so sure he would be willing to offer a deal.

 

I think it's 8 points on your license, possible community service and probation. I already paid the fine in order to bail myself out of jail. $1303 for the speeding ticket and $171 for the reckless. They can keep the money for all I care I just don't want any points on my license.

 

Sorry to hear of your troubles too. "Been there, done that"

I try and call different kinds of local lawyers' offices in the juridiction I get caught in, and get references for "who would you use?"

As you, it's not the money, it's the points you want to avoid. Sounds like you need someone whose does these ALOT. Maybe it was the speed? or Orlando, I don't know. But, there's gotta be a way.

fwiw...given the choices, I'd probably go with Superior Court. Keep pushin' the thing out until you get someone a lawyer can work with? Never go with a certain guilty without somethin' in return, is my philosophy, fwiw.

(I did sleep in a holiday inn express last night)

 

Were you going 125 in a 70 ?

 

Take deal if they offer it!
I lost my car for a year because of something like this, plus 6 months of house arrest because when they pulled me over the cop slipped on some ice, and said I pushed him (I didn't)...

This was more then 8 years ago but still I doubt much has changed, and I doubt this is something that would go to trial unless there was some other issue besides the speed limit being broken.

 

Yeah in traffic court you are guilty no matter what. You can have all the witnesses you want and all the testemony. All the cop has to do is show up and you are fried. Traffic court judges are not there for you. They are there to collect the tax. All it is is a speeding tax.

I got a ticket in California when I was a marine stationed out there 8 yrs ago, The cop all he said when he came up to my car and saw my military ID was "must be nice I wish I had a Corvette when I was in the Marines". The cop said I was doing 102. I know I wasn't. All I did was gun the car for a couple of hundred yards at the most to get out from being boxed in then I pushed the brakes. Cop was there saw the whole thing said he followed me for a mile and he came up with 102mph by looking at his speedo. If you do the math 102 mph for one mile is more or less 30 seconds. I was going with the flow of traffic when I gunned it I got it up to maybe 85mph and back down. It doesn't make sense at all he probobly got his speedo up to 102 to catch up to me. So that tells you right there that I was going alot less.

I'd try to get it out of that court. Because they are only there to find you guilty. The due process does not work in traffic court. It is just a revenue system for the local/state gov.

 

I have to disagree.2 cops work for me and go to court every week.I have also been to court too many times to mention.
9 out of 10 times you walk on the points.You are found guilty but of something less and you walk on the points.They just want the money and an offer to pay a heavy fine by your lawyer to the prosecutor, works more times than not.
I wish you the best and i would stay very positive if i were you and work toward getting this behind you with the least amount of points.
Eric

 

Why don't you just slow down? You were speeding. Man up.

 

****ing 12 year olds.
Eric

 

Far from 12. Old enough to know better. Better enough to get caught (yet). Twice the horses that any of your cars have .Man enough to admit when I was wrong.

You?

 

First, I don't think you can get a jury trial, but you should confirm to be sure. On the day of the trial pull a copy of your driving record from the clerk's office and find the arresting officer. He is the key to the whole thing. If he;s agreeable to reducing it or letting you go to driving school w/ the $$$ paid, 99% of the time the Judge just goes along with it.

One more thing, I think you are saying that the Judge who is hearing the case is a Probate judge because I've been in Probate court for 14 years and never heard a traffic case disposed of there. Handled a case a few years back where some idiot ran a beautiful 355 Spyder off a road in N.C. when he was intoxicated & the cops didn't find him for a day, but I digress...

 

Why don't you just not respond if you haven't anything apropos the OP's question? Bugger off I say!

Sprite, I'm with the others who suggest doing whatever you can to move it out from under the uncooperative judge and/or doing whatever you can (usually dealing w.the prosecutor directly) to plead it to a lesser violation. Not sure what your driving record is but if it's pretty clean and you have no other speeding or reckless history and you admit to indulging a momentary indiscretion but are otherwise a boyscout (as your ostensibly good record attests) they're usually willing to lighten up a bit.

 

All I can say is...get a GOOD lawyer, and you'll be fine. They will walk you through everything.




If anyone needs a good lawyer around NY, let me know.

 

If it was in FL, I don't think you're looking at Probate court. Probate here has to do with wills, etc. The reckless driving ticket is a criminal misdeameanor, it won't go to regular traffic court. A good criminal attorney should be able to help you.

 

It is actually County Civil Court, which houses the Probate Division, but you are actually in County Civil.

PM Mark Gold.

Scottie

 

Friend: I am a lawyer who handles large, important matters between corporations. One time I had a 62 day jury trial that I won and got a 24 million dollar judgment. Last year my son got a ticket for going 105 on the freeway. I hired a friend of mine to handle it ($3,000) and it all worked out fine. My point is that even with my 30 years of experience in business law and trials, I would never attempt to handle something like that myself. Reason is: I don't have any experience in that forum. My advice is for you to hire the best person you can afford and do what he/she says. Hope this is helpful and good luck.

BTW: Be sure to save the ticket showing the speed and a Ferrari. It will be good conversation fodder some day.

Best regards,
GeorgeSSSS

 

In Mass the first step in contesting a ticket is a hearing in front of a magistrate. Most people don't bother and just pay. I went that route twice. Walked both times. First time the magistrate asked how many years I'd been driving and if I'd ever appeared before her. Answers were, a lot and no. She dismissed the ticket without asking for any further explanation.
David

 

Follow Sammys lead.

http://youtube.com/watch?v=CfNATuw1DRs

 

You were doing 125 in a 70, there is no chance of you going to jail and you want to take it to a trial by jury? Accept the freaking points and go to drivers school to get some positive points on the license. If you can't afford the increase in the insurance, you should not be driving the cars you are. The points will be gone a a few years, keep the triple digit speeds on the race track or a truelly open section of highway.