How to appeal a speeding ticket to get off record?
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How to appeal a speeding ticket to get off record?
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i was caught speeding going 45 in a 35 it was on a highway a little outside of town and i was with my grandma im 16 and we had just came for a financial aid class for college and she was kinda distracting me and i thought that 45 was the limit because it was a highway.... but i do believe im guilty about speeding i know that.. the officer was real nice and he said that since this is my 1st offence i can take the drivers saftey class and it will not be put on my record....
so i went to court and talked to the judge who was very rude. when i was called to the stand they asked me how do i pled i said guilty and requested the drivers class and he asked what county am i from i said that i was from a different coiunty than the city i got stoped in... he said i cant take it since im out of county i said but the officer said i could.. he got mad and said well the officer doesnt know the rules of my court... so i left with a bill to pay while i was in the other room my mom came in and she had been sitting on the bench in the court room while i was up there and she couldnt really hear what we where saying and the only thing she was worried about is the ticket getting on my record... so she talked to a lady and asked what can we do the lady said well my mom can wait till its over and talk to the judge about alternatives so we waited and the judge wouldnt talk to us he said he was through... so mom appealed the ticket...
what should we say at court date
heres my defence
1. im to young to pled my own case and the judge should have asked my mother to come to the stand with me
2. they let my sister take the class and she lives in the same county i do and that was just a few months ago and its the same judge
3. the officer lied so i cant be charged
what else should i do please help we dont want this to make my insurence go up.
Additional Details
my question isnt are my defences legit... the question is what are some good defences
but theses are some good answers
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Vince M
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Number one won't help you. You are old enough to drive with your permit, then you are old enough to stand up for yourself in court for an offence you committed driving. You can't have the priviledge without the responsibility. By the way, the excuse that your grandmother was distracting you is absolutely NO excuse. She was not in contol of the car. YOU were.
I can't say about number two. The judge may have been inconsistant, but, judges have a LOT of discretionary power within the laws. The differences between what he allowed your sister to do and what he denied you may be perfectly legal. However, since precedent governs a LOT about what goes on in the court systems, this might be your best basis for an appeal.
Number three also won't wash. Where, in your statement does the officer lie. He may have been telling you what he believed would happen, in good faith. What happened to your sister is a prime example of what he intended to indicate to you. And, he certainly didn't lie about the violation, which is what you were charged with. So, do NOT try to instruct the appeals judge on the law about what you can or cannot be charged with. The officer COULD have lied and told you he was a Martian on detached service to Earth and your citation would still hold up in court. |
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kidsrule55
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If its not too much money I would pay it
Because less than ten percent of people win their cases to cops
Your probely gonna lose more money
and waste time |
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Eskimo Mom
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Attitude is everything when it comes to dealing with law enforcement & the courts. A good polite attitude will soften a judge or cop enough that they may let you off with a lesser punishment. Either the judge was having a bad day, he confused you for your sister, or he didn't like your request for the driving class.
In OH, I got pulled over in my hometown for doing 37 in a 25 7yrs ago. I paid the fine on time & a yr later, when I went to get my CDL training, it was not on my license. Since this is your 1st speeding ticket, just pay the fine, grin & bear it. If the insurance goes up, get a job & work as many hours as the law allows to make up the difference. Most states keep any tickets on your record for 3yrs & then it drops off.
Next time you are in that area where you got pulled over, keep your speed in check. Take this experience as a life lesson.. |
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dirtytricksracing@sbcglobal.net
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Part of driving is paying attention you have had to learn the hard way. |
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