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When to plea no contest?


280zwitha383

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Well, this is my first speed related ticket ever. I was turning on a local street and maybe half throttled it with the music blaring so I'm not sure if the popo was telling the truth or not but he says I smoked em through first and then chirped into second. He was kinda a jerk but it was by no means an unbelievable story. SO, my question is, should I plea no contest at my court appearance and maybe hope that the judge is having a good day, or are there other implications to pleaing(?) no contest. I have heard that when they do credit checks they can see where you have plean (yea like that's a word) no contest. Advice? Thanks guys.

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My thinking is.. dont fight it.

 

I cant speak towards the possible credit implications to pleading no contest.. But what is there to fight? You dont know if you did or didnt do what the cop said so I dont see you being able to mount any type of reasonable defence.. And really, I see a judge getting a whole lot madder and more likely to lay the smack down if you go in trying to make excuses and wheedle out of any responsibility.

 

Really, cops arent nearly as bad as poeple make them out to be and if he pulled you over chances are good you did atleast close to his claim. Ive always been a firm beleiver in just owning up when you **** up and get caught.

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I did the same exact thing back in February and I plead not guilty because it was a reckless driving charge and I didn't want that on my record for TEN years. Virginia carries steep penalties for some offenses and that was one. So I rolled the dice, told a cock and bull story and got it reduced to improper drivering which is a 3 point offense that drops off the radar in two years.

 

Never plead guilty. You give the judge no room for error... No contest is just a hair above that.

 

Mike

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Always go to court. There is the chance the cop won't be there that day so you get off. If he is, just tell them the car got away from you, the ground must have been wet or had wet leaves because you didn't realize the tires were spinning in the turn. Or that you knew you needed new tires but couldn't afford them since your Mom needs an operation. Then ask for probabtion before judgement. That way it might not even go on your record.

 

Don't know what reason you would have for pleading "no contest" to a minor traffic violation. Gun or domestic violation charges yes. But traffic?

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Go to court plead not guilty. I don't know Texas law but in California if its a radar ticket there has to have been a valid speed survey with in the last 5 years.You can get that from the city offices. I have beaten my last 4 out of 5 tickets just by going to court and giving the judge reasonible dought (sorry for spelling errors its eary) good luck

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Better re-think the "go to court" advice. Find a local attorney ay him a couple hundred bucks to help you. Normally, the lawyer can get the charges reduced to a lessor or none moving type violation that you will plead guilty to and pay the fine without going to court. This procedure usually works and your insurance rate will not rev to a higher limit. Good luck, mayolives.

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I've had so many people tell me the same thing...Get a lawyer... I say this:

 

If you can speak intelligently, dress and look presentable, and come off as legitimate in your explanation of the situation, and have an otherwise good driving record, there is no reason to get a lawyer.

 

I had a buddy get popped doing stupid fast speeds on his sportbike and he got a lawyer... Spent $1500 to fight off a reckless driving ticket and he STILL has no clue what the money was spent on. The lawyer said nothing he couldn't relay himself. In the end, he got a restricted license that allowed him to go to and from work only and he had to pay an additional $500 on top of the $1500 for the lawyer. :shock:

 

I rolled the dice and represented myself. It worked out to the tune of $106 including court costs and 3 points on my license. If it was an accident that involved injury or death, or was a DUI, I would absolutely get a lawyer. Otherwise, get a haircut, have your sunday best drycleaned with medium starch, shave and clean up, and practice your "story". :wink:

 

Mike

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Plea Bargain, find a lesser offense and stick to it, but don't claim that you know what offense it is you did because unless you are trained you have no credibility. Most likely the judge will want things to move along, he'll hear the police officer's side and then you'll refute with a crazy story like "I sneezed and my foot slipped off the clutch pedal." Bring data like, "I haven't even gotten a speeding ticket in X years, I would consider myself to be a good driver, etc." They aren't there to throw the book at you, just be very nice, and they'll see it's your first offence etc.

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at least in georgia, you can only plead nolo once every 5 years. The only thing it does here, is avoids points for that offense on your motor vehicle record. It will still be reported though, and your insurance will still see the conviction. If texas works the same way, you are better not using it, unless the points will get your license suspended. Save it in case you ever really need it.

 

What I recently did in GA, was went to court, and before the case was heard, asked to speak to the solicitor. My record was clean, and I asked him to reduce it to something that wouldn't affect my insurance. He dropped it down to 14 over, and told me their city didn't report anything under 15. $100 fine and $75 driving school for him to do this though. My original ticket was for 79/55.

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I don't recommend you try to plead "no contest" or more correctly "nolo contende" (spelling may be off)- what that means in legal speak is that you admit the State has enough evidence to convict you- but you do not admit to the crime. It wont come off well and you'll get hammered.......

 

I recommend you plead "not guilty". Wear your Sunday best, be polite and have a good - ie BELIEVEABLE -story of why you are not guilty. I'd say something to the effect of " it's an old car and it needed repair (clutch sticking- shifter not working properly, something like that)- by the way your Honor, here is the reciept and a description of the repairs that were done- I'm terrribly sorry for this unfortuante incident..."

 

If you dont have a believable story... plead "guilty" and give an explaination that shows suitable remorse and promises to never, ever do it again and you'll most likey get PBJ- probation before judgement, where if you're well behaved (or dont get caught!!) for a certian period of time (usually 12 -18 months) the charges against you will be dismissed. I'd use the same lines as above, with paperwork to prove that you fixed, or had fixed, something that caused you to do whatever you did.

 

 

You'll still pay the fine and court costs, though, so bring your checkbook!!!

 

Just remeber the key is "presentation" be suitably remorseful, and respectfull of the court (and don't over do the Sir, Your Honor BS!) and you'll be fine(d)!

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Like others have said, fight it and say not guilty. I havn't heard of anyone getting a worst penalty because they pleaded not guilty (at least here in CA). But, many times the cop doesn't show up wich means you win by default. Usually you can get it down to a minimal moving violation and they'll let you go to traffic school to get the point off your license.

 

There's a slew of things you could pitch them. Unless they got you on radar they got nothing to pin you with. Better yet, they have to of been behind you when they took the reading. CHP has to fallow you for a minimum of 1/4 mile while you're speeding for it to be a 100% proof radar read. So like others have said, go clean cut, look good, and try to walk out of there in a better position.

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I got a speeding ticket the other day. went and talked to the prosecuting attorney and got it pleaded down from 23 over to 3 over. all I had to do is pay an extra 50 bucks and pay court costs. no points, no record. I guess it all depends on where you have to goto court. city courts can be way less up tight. my advice, go talk to the prosecuting attorney and see what your options are.

 

just my .02

jesse

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Guest tony78_280z

Here in MO, goto a traffic law attorney and pay him his fees. He goes to court instead of you and gets it reduced. You sit at home and get a fine in the mail. Often they reduce speeding tickets to parking tickets, but the parking ticket is in the highest catagory. You end up paying a $150.00 parking ticket instead of a $75.00 speeding ticket, but no points, no insurance hike. Sure it costs more upfront, but is cheaper in the long run.

 

Get a lawyer.

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Just remember the old saying "Man Who Represents Himself In Court Has Fool For Attorney".

 

This is a minor traffic violation. No one is facing 20 years to life.

 

If you really have a clean record, just go in and say "I made a mistake". The judge will almost certainly give you probation before judgement. That means nothing on your record provided you don't get another ticket within the next year. If your state has traffic school that is another option. Most insurance companies won't screw you too bad if you have a single ticket and and an otherwise clean record.

 

If you are the type of guy who gets so many tickets he is always a half point from losing his license, then yeah. Time for some more drastic measures.

 

You can roll the dice and hire some yellow pages attorney. But chances are he won't do anything for you but cost you even more money. Believe me. I know.

 

BTW, you got the quote wrong. The saying is an ATTORNEYwho represents himself has a fool for a client.

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Thanks pop for clearing my memory on that saying! :2thumbs:

 

This is a traffic offense, where revenue is generated for the county. It does NOT requre a lawyer... Unless you simply can not do as I mentioned above and represent yourself as an upstanding citizen who had a moment of minor bad judgement.

 

If you can't conduct yourself in that manor, by all means, get a lawyer... And if you want to piss away any more of your money, I could use a hand out... :lmao:

Mike :cool:

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