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Speeding Ticket Dismissal
impskitchen
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I wouldn't hold out hope getting it dismissed. Trying to fight it will probably just piss the judge off.
And no, it doesn't matter if you show up with the intent to plead guilty - you can even tell the prosecutor you intend to plead guilty beforehand, but that doesn't oblige you to anything until you're in front of the judge - and they've accepted your plea.
You mention points - do you know how they're graduated in California (i.e. so many points for going 15-over, more points for 30-over, etc. etc.)? Usually you can talk to the prosecutor and they'll just charge you with a lesser charge that carries fewer points. When I was a Highway Traffic court prosecutor in Ontario, 1-15-over was no points, so if someone came in with, say, 20-over (normally three points) we'd tell them to plead guilty to 15-over and be done with it. If their ticket was in the four-point range, we'd reduce it to the three-point bracket, etc. etc.
To go back to your question about the officers being in court - if the officer wasn't there yet when I was speaking with the defendant, I would still make these deals with them, just to speed things along, and then send them on their way if the officer didn't show. Go in assuming everything will proceed as expected, talk to the prosecutor, see what can be arranged, be co-operative, don't be a jerk, and if there is no officer you can still plead not guilty and likely have the matter dismissed for lack of evidence (unless the prosecutor wants to be an asshole and ask that you come back at another time, but I think the State of California has enough real issues to worry about without using up even more court resources to catch a speeder).
But none of this is to be taken as legal advice and you will want to check on the particular procedures and rules and legislation in your jurisdiction, blah, blah, blah.
This.
I mean, bottom line, were you speeding? Yes.
Guilty.
do the traffic school and get those points away
- Look at the offenses in that category in your State's criminal code book (google the offense number and look at everything in that category) Find the lower offense and either wait for the prosecutor to offer this to you or keep it in mind to ask him for it.
- Go to court early, well dressed. Walk up to the receptionist window.
- Enter a plea of not guilty. Go sit down and wait (enjoy the show)
- (As things usually go in my state) They'll call all the guilty people first, get them over with then they'll take a recess where they'll line up all the not guilty people to go in and talk to the prosecutor one at a time.
- 99% of the time the prosecutor will offer to bump it down. If you have anything going for you now's the time to mention it (haven't had a ticket in 8 years, etc) Do NOT tell him any BS about keeping up with traffic, late for a meeting, had to pee. He's got 100's of cases to deal with your excuses will fall on deaf ears and only work against you. Be honest. "says here you were..." "Yes sir I was" "Any particular reason?" "No sir...yada yada" He'll probably ask you about prior offenses and some other information to make sure you're just an average joe who got pulled over.
- He'll offer you a lower offense, you'll plead guilty to that offense. you'll go back into court, stand before the judge for a few minutes as he reads you a bunch of stuff about you knowing your right to plead not guilty, not being under duress, etc.
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Another less traveled path is to appear specially, not generally. When the judge calls your name, remember you MUST NOT enter a plea. If the presses you entering a plea, tell him you do not understand the charges against you. (They cannot move forward if you do not understand the nature and cause of action against you.) Be clear and state for the record that you are appearing specially, not generally. By making a special appearance you agree to enter into their jurisdiction for the sole purpose of objecting to their jurisdiction over you. Then state for the record that you are reserving your rights NOT to be bound by ANY unrevealed contracts. State for the record that you have a driver's license and that you know that it is a contract that legally binds you to all the rules and regulations associated with possessing a driver's license. However upon issuance of your driver's license no part of the contract was revealed to you, so you reserve your right not to be bound by them. Then ask to see a verified signed complaint that a crime was committed by you and ask to see the witness. You see someone has to file a complaint and there has to be an injured party. If in the unlikely instance they do produce a verified complaint you can request a probable cause hearing. The judge most likely will not grant one because again no crime was ever committed, there was no injured party, there is no pobable cause, therefore the case must be dismissed. Also if the state claims that it was injured, the judge represents the state. Make a motion to dismiss based on the fact that if the State is a party to the case they cannot also be the judge and prosecutors. The case must be held in federal court or be dismissed.
If the judge asks if you were speeding or if you ran the stop sign, whatever it is, tell the judge you don't understand the charges, and ask if this is a civil action or criminal action?
If he says civil you say "Thank You your Honor, let the record reflect that this is a civil action. Your Honor since this is a civil action I make a motion to dismiss for lack of a sworn complaint by an injured party and no injured party is present."
More likely he will say it's a criminal action. Your response will be "Thank you your Honor let the record of this court then show that this action against me is a criminal action, but that raises another question. Your Honor the Constitution grants this court two criminal jurisdictions, one is a criminal jurisdiction under the common law and the other is a criminal jurisdiction under Admiralty or Military Tribunal Venue from Article 1 Section 8 Clause 17 of the Constitution. Under what jurisdiction does the court intend to try me? They cannot answer this question because courts act under a military tribunal where they have no right to ruse with you. If he says common law, just as with a civil action you make a motion to have the case dismissed for lack of a sworn complaint by an injured party and no injured party is present.
The judge will most likely avoid answering and tell you toget a licensed attorney. To which you will Object. If he overrules you say "Exceptions!" That means just means you are most certain that you object to getting a licensed attorney. An attorney is an officer of the court once you get one you cannot even challenge the courts jurisdiction.
Hope this helps I also just got a speeding ticket and plan on getting it dismissed. I also uncovered a Notice of Abatement by Melvin Stamper that was used to get a ticket dismissed. Google it.
No.
Don't fight the ticket. It's seriously not worth the hassle. Just do traffic school so you're sure your insurance won't go up.
Seriously, don't do this shit, it just pisses off the court and will not result in a lower fine/points but may result with the judge's foot up your ass.
Edit: Beat, but seriously don't listen to that guy.
Shogun Streams Vidya
okay
you go do all of this
and you come back here and show us you getting out of your ticket
cite us a state and department and case number and everything
I would love to see what happens to you, you astronaut you
1) You'll be held in contempt. Ignorance of the law is not a defense.
2) You're not a lawyer, you'll be talking out of your ass.
3) You'll piss off the court
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Meaning, your $200 ticket is now $500 plus community service. And $25 in court fees.
They do this to discourage people from doing exactly what you're thinking about. If everyone took their traffic ticket to court the justice system would grind to a fucking halt, so you get the chance to just pay a fine and/or take fewer points in exchange for not wasting everyone's time.
The fine on the ticket is often the minimum penalty, and the maximum penalty will typically be listed as something excessively harsh like $10,000 and up to 90 days in jail. They do this because it lets them use sentencing as a bargaining chip. Offer you the minimum if you plead guilty, or toss you fifty hours of community service and double the fine if you put up a fight.
You could take the risk and take it to court, but you will almost certainly regret that.
Where do you get this crap. Most speeding tickets are civil infractions meaning only a monetary payment is due. Civil infractions have set amounts for the ticket. Sorry you can't go to jail for a parking ticket and you can't go to jail based solely on a simple 5-15 over speeding ticket. Some court houses can charge more for fighting the ticket based on all sorts of court fee's but this really depends on the court house, but there is never any community service or jail time for fighting a Civil Infraction.
Yeah guys, better do as improvolone says cuz he's a mod.
Seriously, the post in question is obviously not going to help you out. At all. If you're willing to try that out in court, please videotape it for YouTube fame. Everyone else, just drop discussion of that post, it's pointless and you know it.
CUZ THERE'S SOMETHING IN THE MIDDLE AND IT'S GIVING ME A RASH