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I could use some advice on this issue. A friend of mine was pulled
over for speeding.. 55 in a 35. $200 ticket. The officer told her if
she went to court he would not show up, so she went to the municipal
office and entered a plea of not guilty. She is not certain if she
was speeding or not. The court date is in two weeks.
Is this the best thing to do? Should she say she does not know if she
was speeding or say she was definately not speeding? What will happen
if the officer does show up? If he does show up, can she change her
plea to no contest so it doesen't go on her record?
Thanks,
Dan
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On 17 Jul 2004 21:38:28 -0700, dan_hoffard@hailmail.net (Dan) wrote:
I could use some advice on this issue. A friend of mine was pulled
over for speeding.. 55 in a 35. $200 ticket. The officer told her if
she went to court he would not show up, so she went to the municipal
office and entered a plea of not guilty. She is not certain if she
was speeding or not. The court date is in two weeks.
Is this the best thing to do? Should she say she does not know if she
was speeding or say she was definately not speeding? What will happen
if the officer does show up? If he does show up, can she change her
plea to no contest so it doesen't go on her record?
Thanks,
Dan
It's my understanding that the officer MUST show up, and if he
doesn't, she wins the case. I am not an attorney, but it seems to me
that if they write the ticket, they are obligated to show up in court
unless the person pays the fine, or does whatever else is necessary to
end the case. For example, I was once ticketed for a noisy muffler.
I was required to do one of three things. Either fix the muffler and
report to the police station to confirm it was fixed, and had to do so
within 7 days, OR pay a fine, OR appear in court to fight the case.
Of course I fixed the muffler and had the police OK it, which ended
the case.
I almost question whether the officer is giving your friend a break.
In other words, he wont show up, and she wins the case. But if you
ask me, that officer is setting himself up to lose his job. Just
making that comment is pretty stupid if you ask me.
Like I said I am not an attorney, but I really believe that the
officer that issues the ticket MUST appear in court if the case is not
settled prior to the court date. Correct me if I am wrong.
George
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Dan wrote:
I could use some advice on this issue. A friend of mine was pulled
over for speeding.. 55 in a 35. $200 ticket. The officer told her if
she went to court he would not show up, so she went to the municipal
office and entered a plea of not guilty. She is not certain if she
was speeding or not. The court date is in two weeks.
Is this the best thing to do? Should she say she does not know if she
was speeding or say she was definately not speeding? What will happen
if the officer does show up? If he does show up, can she change her
plea to no contest so it doesen't go on her record?
Thanks,
Dan
I'm no lawyer,but it seems to me that it matters not if
she pleads guilty or is found guilty by a judge...it would
still go on her record.
By fighting it,I think the worst that could happen to her
(that wouldn't happen if she didn't fight it) would be a
perjury charge.
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Dan wrote:
I could use some advice on this issue.
For reliable legal advice, you will have to engage the services of a lawyer.
(And I ain't one.)
A friend of mine was pulled over for speeding.. 55 in a 35. $200 ticket.
Where? Texas?
The officer told her if she went to court he would not show up, so she went
to the municipal office and entered a plea of not guilty. She is not
certain if she was speeding or not. The court date is in two weeks.
Is this the best thing to do? Should she say she does not know if she was
speeding or say she was definately not speeding?
She doesn't have to say anything. The burden is on the state to prove that
she was speeding. If she says she doesn't know, they will use that against
her. Just say, "I plead not guilty to the charge" and don't elabourate.
What will happen if the officer does show up?
He will testify, the judge will take his word for it regardless of what she
says, and she will have to pay the fine. That's life in municipal traffic
court.
If he does show up, can she change her plea to no contest so it doesen't go
on her record?
What do you mean, not go on her record? If she is convicted of it, it goes
on her record regardless of her plea.
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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I could use some advice on this issue. A friend of mine was pulled
over for speeding.. 55 in a 35. $200 ticket. The officer told her if
she went to court he would not show up, so she went to the municipal
office and entered a plea of not guilty. She is not certain if she
was speeding or not. The court date is in two weeks.
Is this the best thing to do? Should she say she does not know if she
was speeding or say she was definately not speeding? What will happen
if the officer does show up? If he does show up, can she change her
plea to no contest so it doesen't go on her record?
I only know In Detail, Law, Procedures, and Practices WRT *Colorado*
Motor Vehicle Stautes, Ordinances, Code, et al...
*In Colorado*, it is ALWAYS my Advice to CONTEST All Tickets... to a
Jury... (Most Moving Violations carry the possibility of Incarceration and
*In Colorado*, IF One can Spend So Much As Ten Minutes in Jail, One gets a
Jury... that is, IF One *Requests* a Jury)...
*In Colorado*, "Speeding" is a "Strict Liability" Offense... That Is, "I
was Only 2mph Over The Limit"... "I *was* Speeding, BUT Not at a rate Unsafe
For Conditions"... "I Don't Know IF I was Speeding", etc, is NO DEFENSE to
The Charge and Offering such a Defense is Construed as Evidence that the D
*was* Speeding as Complained Of... or at the Least, as NO Rebuttal to the
Suck-Ass Pig's Testimony that D WAS Speeding... *In Colorado*, "she" should
Testify that she was NOT Speeding as her Defense... and Offer some
Supporting Facts to Buttress her Claim...
*In Colorado*, if Suck-Ass Pig does not show up, it's CASE DISMISSED...
WITH "Prejudice"...
*In Colorado*, a "No Contest/Nolo Contendre" Plea is, FAPP, a "Guilty"
Plea AND it "Goes On One's Record"...
Thanks,
Dan
Naughtius "The Court Accepts Defendant's No Contest Plea And Finds Defendant
GUILTY..." Maximus
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Dan wrote in message <648fff84.0407172038.6f89a888@posting.google.com>...
I could use some advice on this issue. A friend of mine was pulled
over for speeding.. 55 in a 35. $200 ticket. The officer told her if
she went to court he would not show up, so she went to the municipal
office and entered a plea of not guilty. She is not certain if she
was speeding or not. The court date is in two weeks.
Is this the best thing to do? Should she say she does not know if she
was speeding or say she was definately not speeding? What will happen
if the officer does show up? If he does show up, can she change her
plea to no contest so it doesen't go on her record?
Thanks,
Dan
Happened to me once. I was very annoyed at the illegal left turn
ticket (the officer appologized when he wrote it) so I went to court with a
diagram to prove my case. I pleaded not guilty, the officer didn't show
up, the magistrate dismissed the case. No points, no nothing.
Regards
Old Al
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Naughtius \"The Twinkies Made Me Do It\" Maximus wrote:
Dan wrote:
I could use some advice on this issue. A friend of mine was pulled over
for speeding.. 55 in a 35. $200 ticket. The officer told her if she
went to court he would not show up, so she went to the municipal office
and entered a plea of not guilty. She is not certain if she was speeding
or not. The court date is in two weeks.
Is this the best thing to do? Should she say she does not know if she was
speeding or say she was definately not speeding? What will happen if the
officer does show up? If he does show up, can she change her plea to no
contest so it doesen't go on her record?
I only know In Detail, Law, Procedures, and Practices WRT *Colorado* Motor
Vehicle Stautes, Ordinances, Code, et al...
*In Colorado*, it is ALWAYS my Advice to CONTEST All Tickets ... to a Jury
... (Most Moving Violations carry the possibility of Incarceration and *In
Colorado*, IF One can Spend So Much As Ten Minutes in Jail, One gets a Jury
... that is, IF One *Requests* a Jury) ...
WTF are you talking about??? I once got a speeding ticket in Colorado for
doing 92 in a 75. And it was a cheap ticket ($50 bucks and change). And as
far as I know, it didn't even show up on my driving record in California,
because for my next driver licence renewal I got to renew by mail. (In
California, you get to renew by mail [every other renewal period, if you're
under 70] only if you have a clean driving record.)
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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