my first ticket

[69 charger man]

well i finally received my first ticket... i was caught speeding... the officer said i was going 83 in a 65 area on the highway 195 hear my house in my ram p/u... since this is my first ticket i have no idea what to doo.. the fine is $180 and 4pts on my license... i do not have to go to court, but i have to pay the fine and i will still get the points... my insurance is $200 a month on my dads policly and i hope it woulnt go up too much..imm 18yrs living in NJ .. i gave the officer my 2 pba cards and he said that would not do a thing, then he kept them ...the issue that i am facing is wether i should i go to court and try to do something.. or just pay the fine...   i hope some one can give me some advice on what i should do... and do i neeed a lawyer bc i am getting several letters from them

-thanks ray  

[TruckDriver]

Go to court. The worst that will happen is the judge won't do anything about the ticket. But most of the time they will either reduce the fine or the points being taken off your liscence. 

[Lightning]

you shouldn't need a lawyer for a ticket.  I got my first (and only) one when I was 17, and I was speeding in a residential area! 43 in a 30!

but 83 in a 65, that's not too bad, they really start flipping out once it's 20 over.  (try flying down the highway going about 105 in a sedan with the traffic doing 90! in a 70mph zone too!)

but seriously, just like I said earlier, even though i dont know how the court system works as far as tickets go up there, down here you dont need a lawyer.  I just went in a paid the clerk of the court, took an internet driving school, and got the points off my liscense. simple.

[TruckDriver]

Right, you don't need a lawyer, but it still pays to show up.  Last time I went, I was given the choice to either have my points or the fine be reduced.

[Drache]

If you decide to show up in court then be sure to dress nicely! It really helps, trust me!

[69 charger man]

thanks guys for the quick replies... imm deff going to go to court then, maybe ill get lucky and only pay a huge fine... so i should call and tell them that i am not guilty right??
-ray

[TruckDriver]

so i should call and tell them that i am not guilty right??

Tell them you know you screwed up and tell them you won't do it again. But don't call them, tell the judge when your at court.

[golden73]

Usually if its nothing too bad they will reduce it to a lesser charge. Less points, and a lesser fine.

[ChargerHound69]

You might get lucky, if the Officier doesn't show up they might dismiss it.

[Charger4404spd]

You might get lucky, if the Officier doesn't show up they might dismiss it.

....true, but on the other hand, you can go to court, have to pay the fine and you still get the points. And.... if the judge is in a bad mood, you get to pay court costs.

[Drache]

....true, but on the other hand, you can go to court, have to pay the fine and you still get the points. And.... if the judge is in a bad mood, you get to pay court costs.

That's happened here. I only go to court if I think I can prove that it was a accident :-D

[Wakko]

If your state allows it, plead no contest.  Don't count on the cop showing up or the judge being a nice guy.  If he got you on radar, the cop is required to have testing logs for that radar and if he got you on speedo he's required to have the calibration for that speedo.   

[69 charger man]

Are you paying your own insurance?

nope.. imm on my parents policy.. i hope they dont kick me off of it
-ray

[69 charger man]

thanks for all the ideas.. my court date is a month away so i still have some time...  i really hope my insurance woulnt go up, and that i can still get classic insurance for my 70 after i get her "roadworthy" again..
-ray

[70charginglizard]

thanks for all the ideas.. my court date is a month away so i still have some time...   i really hope my insurance woulnt go up, and that i can still get classic insurance for my 70 after i get her "roadworthy" again..
-ray

"and that i can still get classic insurance for my 70 after i get her "roadworthy" again.."

DONT COUNT ON IT...TYPICALLY THEY WONT APPROVE YOU FOR ANY CLASSIC CAR INSURANCE UNLESS YOU HAVE A SQUEEKY CLEAN RECORD FOR AT LEAST 3 YEARS. SOME OF THEM REQUIRE A 7 YEAR CLEAR RECORD.

[Drache]

See this is why I love Canada! First off, you can insure ANY kind/year of car you want as long as it meets the road requirements (not a tank, 6x6, etc). On top of that your speeding tickets don't do dick to your insurance unless you're caught street racing.

[Silver R/T]

I would go to court rather than paying up like a sucker, try to have it rescheduled later and later as much as you can then if cop doesnt show up they will throw it out.

[Troy]

Hmmmmmm, well, I have a lot more experience at this than I usually admit....

Any way, here's my "Fatherly" advice: If you were speeding (most likely) be a man and just pay it. It's your first ticket and your insurance *will* go up because of your age but you have to pay to play (or figure out how to avoid the police). Actually, your insurance usually goes up no matter what your age is but that's a different story. FYI - in most places the "court costs" are included in this little deal so you pay them whether you show up or not so don't waste time going to court just to plead guilty.

On to my "Working the System" advice: Go to court and plead "No Contest". You generally must show up to court to enter any sort of plea other than guilty (unless you have a lawyer do it). Take a shower and shave, dress nicely, get there early and remember your manners. You'll most likely be the last person called on the docket if your luck is like mine (unless you arrive late in which case you'll be the first one called and have a warrant issued for failing to appear). If all goes well, you should have a chance to explain yourself to the judge/magistrate and he/she may or may not decide to reduce the fines. In my state they cannot reduce the number of points on your record unless the judge reduces the charges (ie. changes a DUI to Reckless Op). There's some risk involved here because you are at the mercy of a judge who might be having a bad day. The good news is: they can't charge you with anything more than what got you there so in the worst case you pay the same fine and get the same points as mailing it in.

Now for my "Realist" advice: Don't pay it and plead "Not Guilty" in court. You're young and have nothing better to do than spend a few days sitting in a courtroom learning about the legal system. See above about manners and cleaning up before you go. In most cases, this first appearance is to enter a plea ONLY so the officer is not required to be there. You'll basically get to enter your plea and the court will set a date for your next appearance. This will most likely be a date that works well for the officer and the court but not you. However, DO NOT miss this date or the above mentioned warrant will be issued by the judge. Again, see above about manners and cleaning up before you go. At this point, one of three things can happen:
1. The officer doesn't show, the Prosecuting Attorney is in a good mood, and the judge is feeling lenient so they dismiss all charges. This is a good thing so do a happy dance on your way out the door.
2. The officer doesn't show, the Prosecuting Attorney and the judge feel that you are a menace to society and continue (reschedule) the case. This can be bad because you have to do it all over again or good because now the officer has a strike against him and a second no-show is most likely a guarantee in your favor. In my experience, a no-show on the officer's part generally results in a call to his boss by the judge which almost always means he won't miss the second one. However, the judge remembers this and may become your ally in the future.
3. The officer is there on the first date (or this is the continuation from the above scenario). Usually, the wait for this court appearance isn't nearly as long because they don't want the officer to sit there all day (wasting his time - not yours). This is a bit daunting because it seems like it's you VS the Judge, the Officer, and the Prosecuting Attorney (yes, the state will have a lawyer whether you do or not). However, you have plead "Not Guilty" so it is the responsibility of the court to prove your guilt. Do NOT prove it for them by saying "I know I was speeding but so was everyone else" or something similar. Be honest, straightforward, and respectful and, most of all, don't make up rediculous sounding stories to explain your actions. The officer will most likely produce documentation for the radar/laser calibration and his sworn statement that the events described on the ticket are true. However, the officer may not produce these documents since you didn't have a lawyer demand that they be produced. Either way, he'll testify and this now becomes their word vs yours. You'll lose that almost every time. You'll have a chance to convince the judge to lessen the fines/costs because this is your first ticket and you are a fine young man and an asset to the community. For some reason it is always good to mention that you have a job, get good grades, and provide for your family in these instances. You'll most likely be found guilty unless something goes drastically wrong for the prosecution but you'll likely get out of the fines based on the amount of time you've spent in court. This isn't so bad but it will feel like you wasted half of your summer break sitting on a hard wooden bench.

Lastly, my "Use the System Against Itself" advice: Pay a lawyer to plead "Not Guilty" for you. It costs money but they'll have a friendly doughnut and coffee with the judge before court starts, arrange a tee time with the PA for the weekend, move your case to the front of the docket, file a motion to dismiss due to solar flares interfering with the radar equipment and smudges on the officer's sunglasses, then skate out of there in under 30 minutes. The officer gets to sleep in, your rearend is saved from the wooden benches, you don't have to put on an Oscar winning performance to prove your innocence, and your license will be intact. Unfortunately, your wallet will be a lot lighter but you'll come out ahead due to the lower insurance premiums. I've found that fighting a speeding ticket in most jurisdictions is usually a waste of the court's time so they do whatever they can to "make it go away". It's your choice as to whether a lawyer is necessary or not and, remember, your mileage may vary.

Disclaimer: I am not a lawyer and the above is not meant as legal advice. It's just a synopsis of my experiences during countless court room appearances over the years resulting from many, many minor infractions of the laws in my state (and several surrounding states).



Troy

[Charger_Fan]

One thing I know for sure is that if you have a tad bit smaller avatar here, the judge will certainly see that you're a fine upstanding kid who has been caught in a bad situation & waive the whole thing.

[ChgrSteve67]

In California you can request Traffic School.

It doesn't get you out of paying for the ticket and it will waste another day of your time but it will keep
the points off of your license, thus the money grubbing insurance company's can't jack up your premiums.

After all you are going to get many more tickets in your time, just factor that in. 
The real game is in not letting the insurance company's profit from it.

When you really need to go to court or get a lawyer is when you have multiple offensives on the same ticket and you need to plea bargin a few of them off.
(or you are looking at jail time, or they want to take you car away from you)
Note: If you plead not guilty and loose you don't get to go to traffic school.
If you plea bargin make sure Traffic School is part of the Plea Bargin.

And of course all of this is subject to how the Judge is feeling that day or how big of an asshole he or she is.
Be calm, don't get mad no mater how much you feel you are being screwed, don't smile at the judge to big and DON'T BE SMART.
Being SMART is for Lawyers - Going to Jail is for the Lawyers Clients or people who defend themselves. 

Good Luck

[Silver R/T]

maybe they will allow you to do community service instead of paying fine. here I would go mitigate it, judge always drops it a bit, or you could contest which is risky if cop shows up.

[SLIKK 70]

I would follow Troy's advice and fight the ticket. Whatever you do, don't get caught again!!! 
BTW Troy , well done!!

[Troy]

Here you can take traffic school and "drop" two points from your driving record. However, this rarely affects your insurance as they have their own points system and the offense still appears on your record. Also, most states drop points after two years but insurance companies ding you for three years. Gotta love 'em!

Troy

[last426]

Hmmmmmm, well, I have a lot more experience at this than I usually admit....

Any way, here's my "Fatherly" advice:  On to my "Working the System" advice:
Now for my "Realist" advice:  Lastly, my "Use the System Against Itself" advice: e may vary.

Disclaimer: I am not a lawyer and the above is not meant as legal advice. It's just a synopsis of my experiences during countless court room appearances over the years resulting from many, many minor infractions of the laws in my state (and several surrounding states).
Troy

Troy, can I steal that advice?  Oh, this is the internet, anythiing is up for grabs.  Anyway, I agree with most of the advice (except the judge, lawyer donut stuff).  The burden is theirs, fight it.  And go to court a few hours early or the day before just to see how everything is done -- plus it's fun.  You do have the right to cross examine the cop (this means leading questions) and you might try your hand at it since the judge will let a lot slide for you.  The down side is you won't have the cop pinned down beforehand so you might want to get a copy of any and all documents that he wrote up in regards to the ticket, the certification docs for the radar gun, and other stuff -- look on the net for suggestions.  Try to find out when the cop goes on vacation -- and schedule the trial that week.

This comes from a guy who went to law school because cops used to hassle me with my first 71 r/t and one actually lied on the stand -- so it has always been my fantasy to cross examine a cop.  Unfortunately I treat my current car like a creampuff so no tickets.  Kim

[Troy]

Sure last426, you can steal that advice. Some of it was tongue-in-cheek but I'm sure you can figure out which parts. I actually got out of the last one because of a scheduled vacation - even though I didn't know that beforehand. I have to say that growing up I always admitted my wrongdoing and paid my dues. It wasn't until I suffered from someone abusing their position (and the resulting costs and rediculous insurance rates) that I started defending myself even if I was in the wrong. I am also a much more cautious driver these days but you never know what kind of situation you may end up in.

Troy