JZDX

http://speedingtickets.ticketvoid.co...a_Pennsylvania


Be careful when stating your case. I was pulled over once because a lady was on her cell and saw a cop ahead and hit the skids.. I was entering the highway and the cop looked back and thought I cut her off... I tried to explain this to the cop and it pissed him off enough to give me a 2nd ticket for tailgating him.

I did the traffic school - paid fine - no points - continue to hate dirty cops. lesson learned. shut up and get it over with.

good luck

Jay

GIBSON6594

You don't, lawyers are the only people that can represent you in court.

wackjum

Hmm... Kind of hard to have a trial without the defendant present.


In Texas, there are several settings in Court. The first is an arraignment setting, which is the date on the ticket. This is when you are formally charged and you enter a plea. Then you are set for either a pre-trial appearance or trial appearance (in which case the pre-trial conference happens the same day as the trial date).

If you hire a lawyer, the lawyer will generally enter a plea of not guilty and waive the arraignment. That means you don't have to go to this (and neither does the lawyer).

If you have a pre-trial, you have to go to this, as will your lawyer. At some point prior to this, your lawyer might deal with the prosecutor and get some kind of deferred or other option. If this happens, you don't have to go as the paperwork can be done by correspondence.

You definitely have to be present if you want a trial.

Finally, I always tell potential clients to just take defensive driving if they can. There's no cheaper deal I can get them unless they are innocent and want to fight. In Texas, it is statutory that you be allowed to take a defensive to clear one ticket every 12 months.

If they can't take defensive, then it may be in their best interest to get a lawyer, as some prosecutors will not give any reduced deals to unrepresented defendants.

Sometimes there are defects in the paperwork or procedural issues that a lawyer can capitalize on.

GIBSON6594

Here, you can have a lawyer represent you.


Also, there is no in court arraignment here. You mail in the ticket with your plea.

No need to roll your eyes.

brizey

My job is pretty much pure management. I can sneak a few minutes a day to hit AZ, etc., (I know my boss with an A8 spends an hour a day on his forum), but I pretty much need to be here during operational hours. We install banking equipment, and banks don't like Friday installs so things are calm around here today. Even if I am away, I need to be available by phone, which is not possible in a court room.

If I did not have to use vacation, I would consider doing it myself, but really, its only $100.

I don't think the lawyers here communicate with the cops--they communicate with the DA's office.

Anyway, the main point to the OP is the same: Just paying the ticket is dumb. There is no reason to get points on your license for a speeding ticket.

wackjum

I don't know anything specific about NY law, but I would suspect a defendant has to be present for trial. Otherwise, there would be no way for the State to positively identify the Defendant.


According to this official website:

http://www.courts.state.ny.us/ithaca...ficticket.html

To determine if an arraignment has been met for the purpose of determining the timeliness of a request for a supporting deposition, one of the following must have occurred:

1. A written not guilty plea is mailed to the Court within 48 hours after the issuance of the ticket (VTL 1806);
2. A defendant appears in Court and is arraigned before the Judge;
3. An attorney files a Notice of Appearance or appears in Court on behalf of the defendant and accepts/waives arraignment on behalf of the defendant.

So there would appear to be the option of in court arraignment in NY.

GIBSON6594

Right, no need to roll your eyes.

wackjum

There's multiple appearances. I know it is a myth here in Texas that once you hire a lawyer, you don't have to appear in Court at all. That is true only if your case is worked out in a plea. I am almost positive you have to be there for a trial setting in NY as well.

GIBSON6594

I was in court in March for a ticket and personally witnessed an attorney represent a defendant for a speeding ticket. Defendant was not present.

wackjum

In Texas, the Tex Code of Criminal Procedure applies to traffic cases as well, which would require the Defendant to be present like any other trial.

NY must have decriminalized traffic offenses. I know some States allow you to fight a traffic case by writing even. More power to NY I guess. But does this also mean the State doesn't need to be represented by a Prosecutor, and just by a police officer?

brizey

I have had maybe 7 tickets in TX. I had to go to court once and the case was dismissed. On the others I did not. Maybe three of them I had to drop off a form at the end of probation to state that I had successfully completed it, but I could have sent it in certified. I think some people prefer to go to court to try to get a dismissal instead of deferred adjudication. In fact, one lawyer I used, Gioffredi, asks you right up front for your preference. I always pick DA. They did not work out a plea in the case I had to go to court.

When I lived in KC, it was pretty much automatic. In fact, I just had to write one check to the lawyer and they did everything, including paying my court costs and fine. I just mailed a check and a copy of the ticket and it was done.

GIBSON6594

No prosecutor needed in NY, state is represented by an officer.

Still think you should apologize for rolling your eyes at me.

03bl AC k CL

I didn't have to appear. 1.5 years ago I got a speeding ticket in NC. It was 90 in a 65 and it got reduced to less than 5mph over from just my lawyer showing up. It's probably different depending on state, offense, etc. It is always better to show up, but I was in school at the time.

brizey

I had not heard this before, but suspected it. I really, really doubt I could have gotten the two concurrent probations without a lawyer. I had two tickets within three weeks (damn WRB WRX).

wackjum

Alright fair enough. I apologize for assuming you had to be there for NY traffic tickets.

I do recall you apologizing to me for something in a thread a year or two ago. So it all evens out.

GIBSON6594

The apology was supposed to be for rolling your eyes (I don't like that, especially when the one doing it was wrong), not your assumptions. But I don't really care anymore. You've said enough.

BILLYAKO

Hi my name is billy,i was reading one of your old post regarding water on the inside of the window.i just purchased a 2004 mdx and the two front windows are doing the same thing.the windows are not tinted so i cant blame it on that.did you ever pinpoint the source i would love to hear from you.thank you

BILLYAKO

Hi my name is billy,i was reading one of your old post regarding water on the inside of the window.i just purchased a 2004 <nobr style="color: darkgreen; font-weight: normal; font-size: 100%;" id="itxt_nobr_106_0">mdx</nobr> and the two front windows are doing the same thing.the windows are not tinted so i cant blame it on that.did you ever pinpoint the source i would love to hear from you.thank you

1StGenCL

^haha The randomness just made me bust out laughing

Are you windows up during rain storms? That could be your problem...

dallison

Rudy222

Traffic School