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hey guys. just registered here =]
the other night i was driving down morris ave passing 711 on my right going into the main part of springfield. im driving on the right lane and the car in front of me was going extremely slow, so i go to the right lane and try to go passed him and as soon as i do the other guy gasses up the car and starts speeding and goes next to me. all of a sudden i look and i see a cop with his lights on. he pulls us both over and i received a ticket for "racing on highway" when i wasnt even racing. i dont think the cop detected my speed because he didnt tell me how fast i was going and the box for "speed measuring device" isn't checked under equipment. i have never got a speeding ticket before and i dont have the money to hire a lawyer. i already have 2 points on my license and i looked up this tickets info and i will receive 5 points on my license if charged with this. what should i plead in court? do i have much of a chance in fighting this ticket? i have court monday
I would definitely hire an attorney as it will save you a whole lot more in the end. At 7 points on your license 9which will equate to at lesat 7 insurance points) you are no longer eligible for most voluntary insurance policies.
Geico or Progressive might be an option but if not you will be forced into the assigned risk...which is outrageously expensive.
It sucks when you get a ticket for something you didn't do. I've been there.
If you cannot afford a lawyer, you are unfortunately at the mercy of the prosecutor and the judge.
I think you will end up paying $$$ with or without a lawyer..
My suggestions.
1. Wear a suit, or dress nice to show respect for the courtroom.
2. Try to speak with the prosecutor beforehand, and tell him what happened.
Most traffic offenders are given the opportunity to plead guilty to a lesser charge, in order to not have a backlog of court cases.
You will probably be asked to plea to a 2 point charge and a fine.
If you are lucky, you will be asked to plea to a no point charge, and a hefty fine ~ $500 total for court costs and fines.
If you're extremely lucky..it will get dismissed..but you've got the same odds as winning the lottery.
You could also plead not guilty and then try your luck in court...but I wouldn't recommend it without a lawyer.
I would highly recommend getting an attorney for this one, as it will basically come down to the prosecutorrs discretion over what you are eventually charged with. Going in you basically have two options:
1. Plead your case with the prosecutor and get him to agree to drop the charges to "unsafe operation" which carries no points, but a hefty fine and surcharge. Pleading to this will probably result in paying around $400-$500 in fines and court costs, all do on the day you plead, or you can ask for a payment plan (for the love of all that is holy don't default on a payment plan if you enter into one, it equals instant warrant). A lawyer would be a huge asset in this given the severity of the original charge.
2. If you don't like what the prosecutor offers your only other choice is to plead not guilty. Chances are going this route will result in you needing to reappear at court for an actual hearing with the officer present. You make your case before the judge, the officer tells his story and the judge decides. Could be in your favor, but it most likely wouldn't be, your word against the cops.
Some of your leverage also comes down to what kind of car you drive. If you're tooling around in a Honda Fit or base model Corolla, you have a stronger case for not racing then if you drive a Subaru STI or Mustang.
I've had friends get hit with these before, ones who were actually racing or at least "messing around" in cars like modded Trans Ams and Evo's and they were able to plead to unsafe operation, but they also had good to decent driving records and lawyers with them.
You need to get it taken care of and the expense of the attorney and even the unsafe operation fine together are much better than the insurance hell you will be in if you just take the ticket. Remember, they're after money more than anything else, play that game.
i might have to go with a payment plan if i get to that point =/
i drive a 2.7l dodge stratus, not a fast car at all. i will be talking to the prosecutor first and i'll see what deal he will offer to me. maybe he will drop everything ( i really hope )
hey guys. just registered here =]
the other night i was driving down morris ave passing 711 on my right going into the main part of springfield. im driving on the right lane and the car in front of me was going extremely slow, so i go to the right lane and try to go passed him and as soon as i do the other guy gasses up the car and starts speeding and goes next to me. all of a sudden i look and i see a cop with his lights on. he pulls us both over and i received a ticket for "racing on highway" when i wasnt even racing. i dont think the cop detected my speed because he didnt tell me how fast i was going and the box for "speed measuring device" isn't checked under equipment. i have never got a speeding ticket before and i dont have the money to hire a lawyer. i already have 2 points on my license and i looked up this tickets info and i will receive 5 points on my license if charged with this. what should i plead in court? do i have much of a chance in fighting this ticket? i have court monday
If you were charged with 39:4-52, then the statute don't have anything to do with the officer citing speed or having to tell you how fast you were going. You were charged with racing on a highway. You didn't get a speeding ticket (39:4-98) did you? Like others posted here, maybe you need to speak to a lawyer.
ugh i did get the 39:4-52 =[
i would talk to a lawyer, but i'm really short on money because of christmas gifts and all. and if i do get a lawyer i doubt there is a chance i will be let off with nothing. i would still have to pay hefty fines when they reduce the points
hey guys. just registered here =]
\ im driving on the right lane and the car in front of me was going extremely slow, so i go to the right lane and try to go passed him and as soon as i do the other guy gasses up the car and starts speeding and goes next to me. all of a sudden i look and i see a cop with his lights on. he pulls us both over and i received a ticket for "racing on highway" when i wasnt even racing.
The "other guy" might have been a cop too.
NJGOAT has it right, and remember in traffic court you're guilty until proven guilty.
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