How to appeal a speeding ticket? 1st offense?
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How to appeal a speeding ticket? 1st offense?
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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
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trooper3316
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1. If you are old enough to drive, you are old enough to be accountable for your actions.
2. Diversion programs are at the discretion of the court. Just because they allowed someone else, does not mean they have to grant you the same privilege.
3. The officer did not lie, he was just offering information.
The court clerk should be able to give you information on an appeal, but nothing you said is likely to make a difference. |
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Missquizz
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I am afraid you will have to pay the price hun, seems like you will have to pay up sorry |
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tkquestion
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None of your defense will work.
1) If you are old enough to drive, you are old enough to plead. By saying this, you are basically telling the judge, he doesn't know his laws. He knows how old you are, and allowed you to plead. This will backfire on you - even bigger than before.
2) Each case is considered on its own merit. What your sister received has nothing to do with your case. But.. but... she got... waaaaa... that's not fair! won't work in court.
3) Officer did not lie. He possibly made an error. Lie is an intentional act. Either way, the judge has the final say on these matters. You already made your situation worse by contradicting the judge. Don't do this again.
You were driving 45 in 35. You never disputed this. That means you DID break the law. This is your consequence. The fact that your insurance will go up is not a concern to the judge or the judicial system at large. You have to pay for your mistakes. Welcome to the real world....
You know what the judge can do? He can RAISE your penalty.... He can even tack on community service or worse.
What may have worked was a sincere apology and remorse, and promise to not repeat your mistake. Did you do that? or did you start your defense by pointing out other people's mistakes? |
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Isaac
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I think the judge was wrong. My son did three diversion programs - interestingly, in this high tech world counties and states rarely talk to each other (he had two tickets in Indiana, and one in Florida). The county of residence has nothing to do with it.
Do this. call now (don't wait for a court date), and ask if you can do a diversion program. Tell them your situation (the class/the distraction/ you're bad..etc..). You may not need to go to court at all.
Second, if this doesn't work, call the officer directly (he's a regular guy, ask him what he thinks - would he recommend a diversion to the judge?).
Last, if you go to court for a dismissal. Have Mom by your side, dress well - show them you care. Tell the judge you know you made a mistake, that you would welcome classes, and that your sister was offered this alternative. Cry. (or have Mom cry).
Good luck - I hope you don't even have to show up for court. |
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sassy2
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1. You are old enough to drive then you are old enough to accept responsibility for speed and your mother has no say.
2 The decision of whether you are allowed to take the class rests with the judge. He already told you no.
3. The officer did not lie. He told you what most judges would do
You have no defense. You were speeding. If you were unaware of the limit then you were driving recklessly. |
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