Help...I need a lawyer -UPDATE

JansenFan · Post by **JansenFan** » Thu May 05, 2005 1:15 pm

Funny thing is, yesterday I did the same thing in Rappahannock County. Same result, I'll be taking my driver's improvement course in Warrenton, most likely.

DieselFan · Post by **DieselFan** » Thu May 05, 2005 1:19 pm

JF...take the course online. Just check w/Rappahannock County to make sure they'll accept it. Less hassle.

And Justice Hog, you're completely right...it was tough getting them to commit...and really, I met w/her for a total of 15 seconds. I think the diligence on my part was the key in all of this. Just the fact that I pursued that avenue, was respectful and dressed appropriately for court all played in my favor.

JansenFan · Post by **JansenFan** » Thu May 05, 2005 2:19 pm

They take it, but there is a final test that you have to take at one of these places anyway, because they require you to present a valid picture ID to make sure you don't have someone else taking it. I figure if I have to go in anyway, I might as well just take the course and get it over with.

tcwest10 · Post by **tcwest10** » Thu May 05, 2005 9:30 pm

welch wrote: "Ah, yes," said the judge. "You're telling me that a half-mile stretch of Manhattan is really an extension of the New York State Thru-way...that's your defense???"

As one of those guys in orange on that particular road (and, as of late...wearing a white hard hat)...I'm begging you please...stay off the Thruway if you're going to drive like that. My wife and five kids want me to come home.

Gibbs' Hog · Post by **Gibbs' Hog** » Tue May 10, 2005 3:36 pm

Just a few thoughts here...

First: I have heard from many people that if the cop does not show up in court, you can get off. However, in my experiences, you have to plead not guilty for this to occur. The problem is that when the cop originally issues you the ticket, you are required to sign the back of the ticket to acknowledge compliance. In Maryland, I believe, if you don't sign the ticket, you are essentially pleading not guilty - which won't usually draw sympathy from the judge - and if the cop is present in court, you basically have no argument and cannot plead down the charges. If you do sign the ticket - which is what most normal people do - you have already pleaded guilty; meaning that even if the cop is not in court, you cannot get off the charges.

Second: Many states define reckless driving as either "double the speed limit," (usually in a 15, 25, etc. zone) or "15 mph over the speed limit." I know for a fact that in NC, the "15 mph over" rule applies. I believe this is also true in VA and MD.

I guess talking to the prosecutor ahead of time was a good decision. I just wanted to add my My 2 cents

to the discussion.

REDEEMEDSKIN · Post by **REDEEMEDSKIN** » Tue May 10, 2005 3:40 pm

I'm pretty sure that when you sign the ticket, it ususally says "it is not an admission of guilt". I'm almost positive you can get off the charges.

DieselFan · Post by **DieselFan** » Tue May 10, 2005 3:45 pm

Redeemed is correct...in VA, signing the ticket is not an admission of guilt...just an admission that you received the ticket and can't claim later that you didn't get issued it.

JansenFan · Post by **JansenFan** » Tue May 10, 2005 4:10 pm

Gibbs' Hog wrote:Just a few thoughts here...

First: I have heard from many people that if the cop does not show up in court, you can get off. However, in my experiences, you have to plead not guilty for this to occur. The problem is that when the cop originally issues you the ticket, you are required to sign the back of the ticket to acknowledge compliance. In Maryland, I believe, if you don't sign the ticket, you are essentially pleading not guilty - which won't usually draw sympathy from the judge - and if the cop is present in court, you basically have no argument and cannot plead down the charges. If you do sign the ticket - which is what most normal people do - you have already pleaded guilty; meaning that even if the cop is not in court, you cannot get off the charges.

That's incorrect GH. I grew up in Maryland and that is where I learned of pleading not guilty if the cop doesn't show. Signing the ticket is only an aknowledgement that you have received the ticket, are aware of the charges, have been informed of your court date and prepayment options.

When you sign it, the cop is supposed to state that signing is not an admission of guilt.

Gibbs' Hog · Post by **Gibbs' Hog** » Tue May 10, 2005 5:56 pm

Perhaps I was confused. Is there a box next to the signature that you can check? I'm pretty sure that the last ticket I got, I had to check the box admitting guilt (with explanation, of course) and send it in. When I got to court, the cop was absent; but because I had already admitted guilt, I could not walk. Maybe I'm just naive ](*,)

, but I swear I was duped somehow. Then again, this was about 5 years ago, and you guys obviously have a lot more experience with this sort of thing :mrgreen:

welch · Post by **welch** » Tue May 10, 2005 10:48 pm

Perhaps I was confused. Is there a box next to the signature that you can check? I'm pretty sure that the last ticket I got, I had to check the box admitting guilt (with explanation, of course) and send it in.

In New York and NJ, you sign the box admitting guilt, sign your check, and send it in. Then you are stuck.

Or you check the box saying "not guilty", and take your chances. And if you really were speeding, your chances are not very good.

Gibbs' Hog · Post by **Gibbs' Hog** » Wed May 11, 2005 10:12 am

Thanks W - in just a few simple words you managed to 'splain what I was trying to think of