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Old 11-12-2017, 05:32 PM
 
3 posts, read 5,998 times
Reputation: 10

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Hi all,

I fell asleep while driving, hit a sign, and got a court summons to appear for careless driving. It was just me, no substance/alcohol abuse, and no other people/vehicles were involved (I'm completely fine btw). My only other ticket was a speeding ticket in 2012 (in college, late for class), and the points for that are off my record now. My key questions are:

-Should I hire an attorney for the case? If it's just a fine than it wouldnt make much sense, as the rates for lawyers eclipse that by almost twice the amount.

-How worried should I be about jail time? It wasn't malicious intent, and every case I've read ends with the person accepting some sort of deal that cuts the points down to 2, and having to pay a fine. I'm freaking out pretty bad about this one.

-Should I bring anything to court any documents other than insurance? Also, any advice about how to go about navigating the court would be great.

Thanks in advance.
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Old 11-12-2017, 08:20 PM
 
Location: Na'alehu Hawaii/Buena Vista Colorado
4,875 posts, read 9,619,939 times
Reputation: 4942
What jurisdiction?

This issue has been discussed several times on this forum. Do you know how to do a forum search?
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Old 11-12-2017, 08:33 PM
 
Location: Washington Park, Denver
6,904 posts, read 6,499,225 times
Reputation: 7355
Jail time?? It’s a 4 point offense that will likely be pled down to 2. Take the plea and pay the fine.
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Old 11-13-2017, 12:00 PM
 
540 posts, read 254,887 times
Reputation: 405
read the back of your ticket. Likely there is a built in guilty plea, reduced points and fine. If not arrange a meeting at the DA's office. Your speeding ticket is old news by now
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Old 11-13-2017, 01:14 PM
 
3 posts, read 5,998 times
Reputation: 10
Quote:
Originally Posted by Dreaming of Hawaii View Post
What jurisdiction?

This issue has been discussed several times on this forum. Do you know how to do a forum search?
Sorry, didn't include that - it's the Aurora Municipal court. I've read all the threads on the forum about careless driving charges, and the overwhelming majority involve another car or person. There's one thread where a guy hit a trash can, and since that would be the category I would be in I was curious as to if people had experience with that particular situation.
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Old 11-13-2017, 01:16 PM
 
3 posts, read 5,998 times
Reputation: 10
Quote:
Originally Posted by SkyDog77 View Post
Jail time?? It’s a 4 point offense that will likely be pled down to 2. Take the plea and pay the fine.
So jail time would be highly unlikely? That's what I'm more concerned about.
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Old 11-13-2017, 01:22 PM
 
Location: Washington Park, Denver
6,904 posts, read 6,499,225 times
Reputation: 7355
Quote:
Originally Posted by Hiya1 View Post
So jail time would be highly unlikely? That's what I'm more concerned about.
Unlikely unless you got a DUI too, no show for court, or donít pay your fine.
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Old 11-13-2017, 02:31 PM
 
Location: Na'alehu Hawaii/Buena Vista Colorado
4,875 posts, read 9,619,939 times
Reputation: 4942
Hiya, the process is the same for the difference various violations. That's why I was suggesting that you read through other posts where we have explained the process.

You go to the court on your court date. The first thing you do is talk with the prosecuting attorney (who acts on behalf of the city). Usually they will work out a plea bargain with you where you agree to plead guilty in exchange for lowering the penalty, i.e., from 4 points to 2, plus some $$$. You agree to the plea deal, you go before the judge, he asks if you accept the plea deal, and then it's done.

Jail time HIGHLY unlikely unless the offender has a previous history of violations as explained by SkyDog77. If your last moving violation was in 2012 and you don't have any outstanding warrants for any reason, the judge is not going to put you in jail.
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Old 11-15-2017, 07:03 AM
 
Location: Way up high
14,115 posts, read 20,821,470 times
Reputation: 14390
You could have killed someone so deal with whatever comes and learn from it
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Old 11-15-2017, 07:25 AM
 
16,025 posts, read 19,575,589 times
Reputation: 26194
Perhaps you should seek a free consult with a local attorney to help you be less afraid. If you can afford one, it will help of course....

I'm not an attorney, but I do have some experience with courts. So, I have a couple of suggestions, although no one can actually say what a judge will decide.

The judge makes a decision based on the information in front of him/her. The fact that you obviously aren't a person who is constantly getting tickets will help.

Also, give him/her the tools to be able to go easier on you.

Be very respectful, the Judge is addressed as Your Honor... ....be remorseful, Humbly apologize to the court....The remorse, and fear of the recognition that you could have hurt another person, the fact that you've learned your lesson and it will never happen again, and that you take precautions to prevent it ever happening again. ex: You worked a double, and rather than drive tired next time you'll stay at a friends overnight......

Good luck to you and please update.

Links that may help
http://trafficattorneycolorado.com/c...wyer-colorado/

https://coloradotrafficlawyer.com/ca...affic-offense/

https://www.avvo.com/topics/tickets-...age=4&state=co


https://www.auroragov.org/residents/...ring_in_court/
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