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1- go to court and speak with the assistant DA and ask to have the speed reduced to 9mph over. You'll get points on your license but your insurance won't go up.
2- go to court and speak with the DA. Tell him/her that you would like to request to use a prayer for judgement. Keep in mind that the use of the PJC (prayer for judgement) is entirely up to the discretion of the judge. I have heard that some judges will make you do 1 hr of community service for each MPH over the limit you were going.
The ticket doesn't even have a fine amount. I guess I am over the limit.
Does that mean I have to be in the court? Can I hire a lawyer to take care fo this?
The ticket doesn't even have a fine amount. I guess I am over the limit.
Does that mean I have to be in the court? Can I hire a lawyer to take care fo this?
Really bad luck, I lever speed. :-(
You can hire an Attorney to fight it for you, but even better just simply verbally at your arraignment demand your due process rights under U.S.Title 42, 1983 that their be a "Verified complaint " filed on the Notice to Appear you signed when you were stopped.
You see under your constitutional rights you have a right to face your accuser and have him/her thru a verified complaint state how he was injured other wise the courts don't have jurisdiction to hear your case . Additionally you could in writing demand the court produce the Verified complaint. If you look at the ticket you were given you will see that the cop didn't sign the ticket ( he/ her printed his name) , so that means there is no legal complaint for the court to act on . Case dismissed !
California has it printed on the ticket( Notice to Appear) under c.p.c. ( California Penal code) 853.9 and c.p.c.740 along with VC 40513 they all say that the court can't move forward without a verified complaint and that at your arraignment you have the right to demand that a verified complaint be filed . Guess what ! the codes also say that they can move forward without it if you don't demand it ! "KNOWLEDGE" . without it we are sitting ducks
You can hire an Attorney to fight it for you, but even better just simply verbally at your arraignment demand your due process rights under U.S.Title 42, 1983 that their be a "Verified complaint " filed on the Notice to Appear you signed when you were stopped.
You see under your constitutional rights you have a right to face your accuser and have him/her thru a verified complaint state how he was injured other wise the courts don't have jurisdiction to hear your case . Additionally you could in writing demand the court produce the Verified complaint. If you look at the ticket you were given you will see that the cop didn't sign the ticket ( he/ her printed his name) , so that means there is no legal complaint for the court to act on . Case dismissed !
California has it printed on the ticket( Notice to Appear) under c.p.c. ( California Penal code) 853.9 and c.p.c.740 along with VC 40513 they all say that the court can't move forward without a verified complaint and that at your arraignment you have the right to demand that a verified complaint be filed . Guess what ! the codes also say that they can move forward without it if you don't demand it ! "KNOWLEDGE" . without it we are sitting ducks
Well 57mph is very high considering you never speed especially if you were on a city road w/ a 35mph limit. Most if not all city roads are at most 45mph, which in your case is still 12mph over the limit!!! But I guess that's beside the point. Hire a lawyer, and since you never speed they can get it reduced or perhaps a Prayer for Judgement?
I've never dealt with Cary's traffic court, only Durham and Raleigh, but from what I've see at those 2, you have 3 basic options.
1. Pay the ticket, be done with it.
2. Hire a lawyer, who will go to court for you, plead you down to a lesser charge and bill you for the time.
3a. Go to court on the day written on the ticket, you'll talk to the ADA. They will most likely offer you the same deal a lawyer would get you - a reduced charge. You still are found guilty and still pay a fine plus court costs. There is no guarantee here, and the ADA might not be willing to deal at all, but the last thing anyone wants is to actually go to court, so in most cases they'll offer you something. Take it. If there's no deal to be had, you can pay up then, or...
3b. Ask for a trial. Plead not guilty. If the cop shows up, you lose. If he doesn't, you might win, or your case might get re-scheduled. Argue for the former, ask for a dismissal.
I like the 3rd option best. My work is flexible enough that most of the time I can take the day off to appear in court, and it's worked out very well for me. If the case is dismissed, you're out nothing but time, and in the worst case scenario where you flat out lose, you're in no worse shape than if you just paid the ticket anyway, so why not? I've never done prayer for judgement; makes no sense to me. Plead not guilty and make 'em prove you wrong.
My last case was a seat belt violation. The state trooper did not show up for my first court date. I argued for a dismissal, but it was rescheduled. (You think it would have been rescheduled if I hadn't shown up? I don't think so, I think I'd be looking at the wrong end of a bench warrant, but I digress...)
When the trooper didn't show on the next scheduled date, they just dismissed it.
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