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Old 08-24-2011, 10:44 PM
 
116 posts, read 384,420 times
Reputation: 57

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How to fight traffic ticket?
Anyone had experience?

Paying just fine to "forget about it" is bad, because it assess points against your license. Some states/counties offer traffic school with timed court supervision (probation) to prevent ticket from showing up in public record.

I got ticket in Ohio. I was in reduced speed construction zone, but the the traffic was high there and it drove at regular speed limit zone. I went over 20mph.

The cop was picking up faster traffic on left lane where I found myself caught.

He stopped me along with other passangers. And he marked me at the last section of construction zone and stopped me after I passed it. Obvious speed trap for ticket revenue, rather than safety. There were no construction workers.

My focus is to reduce charges. How do you do that? Do you call court and ask for procesuting attorney? I am out out-state I am originally from Iowa. If they refuse to negotiate over phone I will very likely have to hire traffic attorney. I found one familiar with the county where I got caught that charges about $300 to represent me that includes court fees, paperwork.

I would think that traffic attorney would charge less around $100, what I read online (although hard to believe).

I hope to get it at least reduced into "parking ticket" or not show up on my dmv, especially since earlier this year I got ticket in Illinois for which I took online course and put on probation. It would be best if I did not get moving violation and that record to Illinois which would bring up my 1st ticket on my records (total 2 tickets!)
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Old 08-25-2011, 06:29 AM
 
Location: Toledo, OH
180 posts, read 341,628 times
Reputation: 79
What exactly did he hit you for? Just the 20 over, or also for the construction zone? (if construction zone, the fine will have been doubled) I'd base your plan of action on that.

If he doubled it for construction when there were no workers present, you can probably fight that down to just the speeding fine.

If not, and you're just trying to argue that you were going the speed of traffic, I wouldn't waste your time. "Everybody else was doing it" usually doesn't fly with the court, especially if you hit the 20mph over threshold.
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Old 08-25-2011, 09:39 AM
 
Location: Toledo, OH
896 posts, read 1,854,161 times
Reputation: 860
I don't know anything about getting out of tickets...but I drive the turnpike everyday and I'm familiar with the work area your talking about. You're completely right. It becomes a 50 construction zone but everyone maintains 70. It goes down to two lanes and if you do 50 you're gonna have cars and even semis swerving around you in a tight space. It's sensible to keep up with traffic in that kinda situation. I usually don't see cops in that stretch though.
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Old 08-25-2011, 10:30 AM
 
Location: Toledo, Ohio
227 posts, read 626,424 times
Reputation: 60
***The following post is not intended to give legal advice... only to portray my own experiences. This, in no way, should substitute the advice of a lawyer.***

To do any thing you will likely have to appear at traffic court. One time I plead not guilty to a traffic ticket and then was asked to come to the DA's office and she changed the citation to a lesser offense... knowing that a traffic citation trial would be an annoying waste of time.

Unfortunately, there is no easy way to do anything but pay the ticket if it isn't feasible to appear in the applicable municipal court.

Retaining a lawyer is very rare for traffic violations.
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Old 08-28-2011, 06:18 PM
 
116 posts, read 384,420 times
Reputation: 57
Quote:
Originally Posted by ryansmith View Post
***The following post is not intended to give legal advice... only to portray my own experiences. This, in no way, should substitute the advice of a lawyer.***

To do any thing you will likely have to appear at traffic court. One time I plead not guilty to a traffic ticket and then was asked to come to the DA's office and she changed the citation to a lesser offense... knowing that a traffic citation trial would be an annoying waste of time.

Unfortunately, there is no easy way to do anything but pay the ticket if it isn't feasible to appear in the applicable municipal court.

Retaining a lawyer is very rare for traffic violations.

I know this. Judge will joke you can't catch all fishes. But I could present this: traffic was heavy ( on my ticket marked moderate), I used speed appropriate for conditions to avoid stopping in mergin line from service stop and risking accident ( rear end hit) taking into account there were trucks driving very fast on right lane to which I was merging. The cop stopped me near there. I have photos of traffic / road conditions and receipt from rest stop that shows date and time. Will this fly I don't know. I don't know if Ohio has absolute speed limits.

To appear in court, I would have to take day off from work, take a quite long trip. In this situation getting a lawyer will be good idea I think. If it increases my chances of reducing ticket or dismissing it and not screwing suspension of my first ticket. Lawyer $300 that includes court fees vs insurance increase and if I get 3rd ticket within next 3 years I am out.


To appear in court
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