First ever traffic ticket. Lawyer recommendation? Fight or Pay?

[eisenb11]

Got my first ever traffic ticket yesterday after 13 years of driving. Perf exhaust draws too much attention... car was partially in my lane, moved forward 1 car length to get away then slowed down. Too late - ticket! Got a 22350.

I expect driving school will be an option, but I think it may be better to see if that route can be avoided and left open. Also don't like the idea of being paranoid for 18 months.

Does anyone know a good traffic lawyer? It's easy enough to yelp and google, but it's hard to see if the reviews are legit.

Also what's a good price? I've seen prices ranging from 220-400 for them to go to court (not do a writ).

Also what is the general recommendation? Should I fight it or just pay the thing and go to school? I'd expect the ticket to be in the 400-500 range after fees.

No idea what to do as I've never been in this situation before.

[pkimM3r]

what was the speed on the ticket? Could be less than $500 all-in including traffic school. To me, fighting is just a hassle.

[eisenb11]

Originally Posted by pkim1079

what was the speed on the ticket? Could be less than $500 all-in including traffic school. To me, fighting is just a hassle.

Ticket was for 19 over. Expecting the total to come to around $450 all-in. My main concern with traffic school is that it's followed by an 18 month period of being paraniod.

Any opinion on these guys?

[joe@trinityautosport]

I would go to court plead not guilty. Judge will set a trial date. If cop shows up explain what happened and if found guilty as for traffic school. If cop doesn't show up case dismissed. 50/50 chance. I've gone to court 3x last year and the cops never showed up.

[cambit]

what do you mean paranoid for 18 months if you do traffic school?

I would just do the traffic school and if you get another ticket next time, fight it with the judge.

[pkimM3r]

You can do a second traffic school. Which reminds me i have to do mine. Online comedy traffic school will be playing in the background at my place this weekend. That shit better be funny at least.

[eisenb11]

Originally Posted by cambit

what do you mean paranoid for 18 months if you do traffic school?

I would just do the traffic school and if you get another ticket next time, fight it with the judge.

I'd really like to keep the traffic school available for as long as possible to cover potential future mishaps.

As this incident shows, you can get in trouble when you're least expecting it - like accelerating for a few seconds to get out of a potential situation. Don't need to be having a spirited driving session.

Originally Posted by pkim1079

You can do a second traffic school.

I was under the impression that not all areas allow 2nd school. Also, while you get no points, they still tell your insurance carrier - I'd imagine they'd not use that information favorably.

[kwike92]

Originally Posted by eisenb11

I'd really like to keep the traffic school available for as long as possible to cover potential future mishaps.

As this incident shows, you can get in trouble when you're least expecting it - like accelerating for a few seconds to get out of a potential situation. Don't need to be having a spirited driving session.



I was under the impression that not all areas allow 2nd school. Also, while you get no points, they still tell your insurance carrier - I'd imagine they'd not use that information favorably.

there is second offender traffic school, they don't promote it but its there for u just in case.

(believe me, ive used it lol)

if you really feel like u didn't deserve it, fight it, if you win, great, if not, go to traffic school and pay the fine and move on.


good luck!

[italyix]

Originally Posted by joe@trinityautosport

I would go to court plead not guilty. Judge will set a trial date. If cop shows up explain what happened and if found guilty as for traffic school. If cop doesn't show up case dismissed. 50/50 chance. I've gone to court 3x last year and the cops never showed up.

Cops get paid overtime to show up to court.

Do Trial by Written Declaration. Go to court and pay ur bail, then ask for a Trial by Written Declaration and the clerk will give you the proper paperwork to complete and send in.

Then go home and read up how to fight the tickect you just got (look it up by CVC code). Prepare the letter and mail it in. If successful, a check will show up in your mail and u get ur money back.

I did it once (last ticket I ever got btw) and won. I was following the car in front of me too close when driving my Evo IX, turns out I was being profiled so I told the cop id fight it and thats exactly what i did.

Cops are either required to respond to the court to your declaration (taking time away from patrolling, as they have to do this at their desk) or not respond and let you win.

[eisenb11]

Originally Posted by italyix

Do Trial by Written Declaration. Go to court and pay ur bail, then ask for a Trial by Written Declaration and the clerk will give you the proper paperwork to complete and send in.

Read about that a lot during my research. What the sites seem to miss out on is that if found guilty by TWD, that the points immediately go on your record. You can then request a new trial via Trial de Novo, but the points stay on for the duration until you win the second trial - which can be 6-9 months. During that time your carrier will likely check your record for a policy refresh and your rates will increase - at least until the points go away... which could be a while.

[M3PO]

Originally Posted by eisenb11

Read about that a lot during my research. What the sites seem to miss out on is that if found guilty by TWD, that the points immediately go on your record. You can then request a new trial via Trial de Novo, but the points stay on for the duration until you win the second trial - which can be 6-9 months. During that time your carrier will likely check your record for a policy refresh and your rates will increase - at least until the points go away... which could be a while.

I lost a trial by declaration. You forfeit your right to traffic school if you lose. I did a Trial de Novo, and lost again, but I asked the judge for traffic school and she granted it. I did traffic school and never had any problems with my insurance.

I did one again recently and won! My statement said "I'm not guilty" and that's it lol! I guess the cop didn't write in!

[spr]

You can enter a plea of not guilty over the phone or internet. Set it for trial and show up. If he doesn't show nothing. If he does ask for reduction in price and traffic school. Do an online traffic school in 15m. Find one that doesn't have time constraints and stop bitching. This is so nothing to worry about. Cost of doing business.

Originally Posted by joe@trinityautosport

I would go to court plead not guilty. Judge will set a trial date. If cop shows up explain what happened and if found guilty as for traffic school. If cop doesn't show up case dismissed. 50/50 chance. I've gone to court 3x last year and the cops never showed up.

[John ITRW]

Fight it for sure!!!! What do you have to lose?

[eisenb11]

Originally Posted by ARO6ANT

Fight it for sure!!!! What do you have to lose?

Probably worth a try. Guess we'll see what happens in 9 months or so.

[tacoman]

19 over?
Retain an Attorney.....have them represent you on your court date (you dont have to be present)....the Attorney should be able reduce your speed to 10 (or less) over the speed limit....and reduce your fine....and ensure no points are lobbied against your DL.
There is a distinct possibility the state wont report your infraction (insurance company, your license etc) too. Situations like this....the state simply wants the revenue from the fine. That is what you really want... You dont want points against your DL cuz your insurance will increase for 2-4 years! Think about the additional out of pocket insurance cost over a 36-48 mos time frame. Yuck.

Attorney fees might cost you $150-200 depending upon your area (this is what it cost me in the state of NC 6-9 yrs ago....might be more expensive now)

Short term/long term.....if your attorney accomplishes everything listed above, it is worth the out of pocket expense.

How do I know? I retained an Attorney 2-3 times whilst living in NC (02 - 06). Speeding traps etc..
I gladly paid the Attorney fee's.....they did their thing.....my driving record is spotless till this day
**Granted I had a GA License and plates at the time....not certain if that had anything to do with anything..

[grantmax]

If I were an attorney ....... I would recommend you avoid the hassle. Traffic school makes it go away.

If you have the time and desire - delay your arraignment online, delay your arraignment via phone or court clerk, attend your arraignment, plead not guilty, pay the bail, delay your court date, appear for trial. Prepare to forfeit your bail and potentially eat the points (if you get a judge who is having an off day).

I prefer to pend my "alleged citations". Helps you better assess your "situation".

[Craigy]

Hire attorney, let him show up instead of you and handle everything.

Might end up costing the same but it might save you the hassle of dealing with court. Best case you beat the ticket and save a little money.

[4corners]

Always go to court to reduce it first. Then opt for any other option to prevent points like traffic school.

[the_road_less_traveled]

Originally Posted by joe@trinityautosport

I would go to court plead not guilty. Judge will set a trial date. If cop shows up explain what happened and if found guilty as for traffic school. If cop doesn't show up case dismissed. 50/50 chance. I've gone to court 3x last year and the cops never showed up.

Aren't some of us so lucky. The cops ALWAYS show up in my cases, but it probably has to do with me running my mouth and being an ass to them at the time of receiving the ticket. I'll never learn!

[Craigy]

Originally Posted by xfirer1guy

Aren't some of us so lucky. The cops ALWAYS show up in my cases, but it probably has to do with me running my mouth and being an ass to them at the time of receiving the ticket. I'll never learn!

Yeah around here if you're a dick the cop will write about it on the back of the ticket and your chances for the DA giving you a dismissal or reduction are greatly reduced. And the cop will remember you too.

[eisenb11]

Hi guys, thought I'd post an update. I decided to retain an attorney and see how things would work out. Moving through the legal system is not a fast process!

Anyway, today is 1 day shy of my ticket's 1 year anniversary. Just got word that it was dismissed!

[jagman]

Cool!