Hefty Moving Violation Advice - Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums

Infern0 · 01-17-2014, 12:50 PM

So, just wondering what you might do in this completely non-real, hypothetical situation if you were in these shoes.

Say there's a good guy, helps old ladies cross the road, never hurt a fly kind of guy. Has a very clean driving record. He's +5 or +6 on his license even. Happened to be caught in a rare occurrence for him, traveling on 95N doing 83 in a 55. Good guy State Trooper, doing his job, writes up the citation/summons, to include the "reckless +20MPH over" clause.

Now, this good guy doesn't want to try to be a victim, or blame the LE Officer. He knows what he did, but doesn't necessarily want to take it in the @$$ for this one time occurrence either.

Any recommendations for Mr. Nice Guy?

C0RNFED · 01-17-2014, 12:54 PM

Move from va to another state with a more realistic traffic system so you can go 83 and not worry about being raped during a weekend in jail

Spartan01 · 01-17-2014, 12:57 PM

Get a traffic lawyer.
Whatever the fine, usually they charge about 10-15% more, but you cannot put a price on freedom, and a clean driving record.
When it goes to court, if the officer is a no show, you win automatically.

If the officer shows up, see if your traffic attorney can find a mistake in the ticket or the officers story, if so the case gets bounced by the judge.

If not, plead GUILTY WITH AN EXPLANATION. Judges love that, and they already assume (In traffic cases) that you are guilty because the state (officer) has presented the facts.

Be humble and contrite, tell the judge you drive a muscle car, but that you have a perfect record, and it just got away from you, etc etc.

Usually, if you dress nice, have a good attitude, and plead GWE, the judge will reduce the fine and or points.

If you were in fact charged with Reckless, that is a criminal offense as well as traffic, so you really need to consult an attorney.

Smittty · 01-17-2014, 02:54 PM

You really dont need a lawyer since it is your first offense. Just plead quilty and request driving school instead. The judge will take the fact you have a clean record and no previous moving violations. If you havent been to driving school in the past couple of years for anything I think you should be fine.

shibbs · 01-17-2014, 03:15 PM

Quote:

Originally Posted by Spartan01

Get a traffic lawyer.
Whatever the fine, usually they charge about 10-15% more, but you cannot put a price on freedome, and a clean driving record.
When it goes to court, if the officer is a no show, you win automatically.

If the officer shows up, see if your traffic attorney can find a mistake in the ticket or the officers story, if so the case gets bounced by the judge.

If not, plead GUILTY WITH AN EXPLANATION. Judges love that, and they already assume (In traffic cases) that you are guilty because the state (officer) has presented the facts.

Be humble and contrite, tell the judge you drive a muscle car, but that you have a perfect record, and it just got away from you, etc etc.

Usually, if you dress nice, have a good attitude, and plead GWE, the judge will reduce the fine and or points.

If you were in fact charged with Reckless, that is a criminal offense as well as traffic, so you really need to consult an attorney.

This is very wrong. Very, very wrong. The officer wrote a ticket on behalf of the state. He does not need to be present for the state to press charges.

chef-beavis · 01-17-2014, 03:16 PM

I got one in a small local town a couple years ago in my wife's MINIVAN for 20 over.

I was driving distracted and had 3-4 excuses why I did this, including the fact that the speed zone had changed from 45 to 25 in the past year in a zone I'd travelled for 25 years.

I did not use any of them. I went to the court date, dressed normally, but respectfully. I then threw myself on the mercy of the court and apologized. I took responsibility and admitted fault and driving while distracted. I asked him to accept my apology coupled with the fact that I had a spotless record for 20 years, worked hard, had a family, and simply made a mistake. I implored on him that my intention was not to speed, I just wasn't paying close enough attention. I said I understood there was a fine to pay and I had no problem paying that penalty for my actions, but I asked if he could reduce the points to spare me the added costs of outragous insurance premuims for the next five years for ten seconds of making a mistake?

He responded by thanking me for owning it, kept the fine as-is, and reduced the mph to 16 over, which dropped the points from 6 to 4.

What they really want is the $. If you have the leverage of a good track record they will usually help you out.

Frank in MD · 01-17-2014, 07:43 PM

Quote:

Originally Posted by shibbs

This is very wrong. Very, very wrong. The officer wrote a ticket on behalf of the state. He does not need to be present for the state to press charges.

Actually he isn't wrong at all. It depends soley on the State and the presiding judge. I know in MD, if you're contesting a traffic ticket and the LEO does not show, the case gets dismissed. I've never personally had one dimissed but I've been in the court where many people did.

sneakypete · 01-17-2014, 07:50 PM

Hahaha, this is obviously fictional. Traffic is to bad to travel at 83 mph on 95 north. This guys tells great stories

Smittty · 01-17-2014, 08:42 PM

If you contest the ticket the Officer has to be present, If not the judge will dismiss it or continue the case.

BPG · 01-17-2014, 09:35 PM

I am an Army recruiter in Virginia. With the nature of what I do, I deal with applicants daily with numerous traffic violations. I would say about 95% of them with an otherwise clean driving record, go to court, and it's almost always dismissed or at the least reduced. I'd say roll the dice in court.

Mr. iNCREDIBLE · 01-17-2014, 09:45 PM

Quote:

Originally Posted by shibbs

This is very wrong. Very, very wrong. The officer wrote a ticket on behalf of the state. He does not need to be present for the state to press charges.

that is not true, depends on the State..

in CA the ticket will be dismissed if the officer fails to show, because he is the primary State witness.. No witness, no case.

The dismissal will read "unable to prosecute"

been there done that and had 4 tickets in 30 years dismissed because the officer failed to show..

Dave1222 · 01-17-2014, 11:15 PM

My honest opinion is that this is isnt something to take lightly. In VA, if I recall correctly, a reckless ticket could put you in jail - that's a life changing event. Get an attorney so he/she will ensure that everything can be done to protect you, even if you have a super clean driving record.

Inferno Orange 2SS-RS · 01-18-2014, 09:48 AM

Get an attorney, attend the defensive drivers course, have the speedo calibration checked. Hopefully you will get off with Improper Driving, and a $250 dollar fine. With attorney fee, court costs and fine, you are looking at about $1200 dollars.

Mil · 01-19-2014, 11:19 PM

its your first offense, you can ask for probation before judgement. Just state the fact that you've driven awhile without incident…. say for example you're usually on 95 when there's traffic but if that particular time or day you were on 95 speeding; you can explain that traffic was lighter than usual that day and you were complacent about how fast you were going likely you'll get a PBJ (point waiver). you pay the fine plus court cost no driving points on your record

01-17-2014, 12:50 PM	#1
Infern0 Bring It Drives: In Between Join Date: Sep 2009 Location: San Antonio, TX Posts: 2,929 View My Garage	Hefty Moving Violation Advice So, just wondering what you might do in this completely non-real, hypothetical situation if you were in these shoes. Say there's a good guy, helps old ladies cross the road, never hurt a fly kind of guy. Has a very clean driving record. He's +5 or +6 on his license even. Happened to be caught in a rare occurrence for him, traveling on 95N doing 83 in a 55. Good guy State Trooper, doing his job, writes up the citation/summons, to include the "reckless +20MPH over" clause. Now, this good guy doesn't want to try to be a victim, or blame the LE Officer. He knows what he did, but doesn't necessarily want to take it in the @$$ for this one time occurrence either. Any recommendations for Mr. Nice Guy? __________________ 2017 Camaro ZL1 M6 - Everything but the sunroof - Sold 2010 Camaro SS - 650RWHP Daily Driver - Traded

01-17-2014, 12:57 PM	#3
Spartan01 Drives: Evil Eva, 2010 2SS LS3 Join Date: Aug 2013 Location: Falls Church, Virginia Posts: 3,600	Get a traffic lawyer. Whatever the fine, usually they charge about 10-15% more, but you cannot put a price on freedom, and a clean driving record. When it goes to court, if the officer is a no show, you win automatically. If the officer shows up, see if your traffic attorney can find a mistake in the ticket or the officers story, if so the case gets bounced by the judge. If not, plead GUILTY WITH AN EXPLANATION. Judges love that, and they already assume (In traffic cases) that you are guilty because the state (officer) has presented the facts. Be humble and contrite, tell the judge you drive a muscle car, but that you have a perfect record, and it just got away from you, etc etc. Usually, if you dress nice, have a good attitude, and plead GWE, the judge will reduce the fine and or points. If you were in fact charged with Reckless, that is a criminal offense as well as traffic, so you really need to consult an attorney. __________________ "You simply cannot trust quotes found on the internet." -Abraham Lincoln Last edited by Spartan01; 03-12-2014 at 01:51 PM.

01-17-2014, 09:35 PM	#10
BPG Faster than you... Drives: 1194whp. 8.62@168. daily driver... Join Date: Nov 2013 Location: USA Posts: 430	I am an Army recruiter in Virginia. With the nature of what I do, I deal with applicants daily with numerous traffic violations. I would say about 95% of them with an otherwise clean driving record, go to court, and it's almost always dismissed or at the least reduced. I'd say roll the dice in court. __________________ GTR

01-18-2014, 09:48 AM	#13
Inferno Orange 2SS-RS US Army Retired Drives: IOM 2SS-RS - A6 (L99) Join Date: Aug 2009 Location: Northern Virginia Posts: 655 View My Garage	Get an attorney, attend the defensive drivers course, have the speedo calibration checked. Hopefully you will get off with Improper Driving, and a $250 dollar fine. With attorney fee, court costs and fine, you are looking at about $1200 dollars. __________________ SMKIN SS

01-17-2014, 12:54 PM	#2
C0RNFED Drives: 2014 SS 1LE Join Date: Nov 2013 Location: Calvert County, MD Posts: 41	Move from va to another state with a more realistic traffic system so you can go 83 and not worry about being raped during a weekend in jail

01-17-2014, 02:54 PM	#4
Smittty Drives: 2013 ZL1 Camaro 2000 SLP Camaro Join Date: Oct 2012 Location: Ruther Glen, VA Posts: 357	You really dont need a lawyer since it is your first offense. Just plead quilty and request driving school instead. The judge will take the fact you have a clean record and no previous moving violations. If you havent been to driving school in the past couple of years for anything I think you should be fine.

01-17-2014, 03:16 PM	#6
chef-beavis Drives: IOM 2013 2SS/RS, Greenie, 06 FXSTBi Join Date: Apr 2009 Location: Turd Town, WI Posts: 1,585	I got one in a small local town a couple years ago in my wife's MINIVAN for 20 over. I was driving distracted and had 3-4 excuses why I did this, including the fact that the speed zone had changed from 45 to 25 in the past year in a zone I'd travelled for 25 years. I did not use any of them. I went to the court date, dressed normally, but respectfully. I then threw myself on the mercy of the court and apologized. I took responsibility and admitted fault and driving while distracted. I asked him to accept my apology coupled with the fact that I had a spotless record for 20 years, worked hard, had a family, and simply made a mistake. I implored on him that my intention was not to speed, I just wasn't paying close enough attention. I said I understood there was a fine to pay and I had no problem paying that penalty for my actions, but I asked if he could reduce the points to spare me the added costs of outragous insurance premuims for the next five years for ten seconds of making a mistake? He responded by thanking me for owning it, kept the fine as-is, and reduced the mph to 16 over, which dropped the points from 6 to 4. What they really want is the $. If you have the leverage of a good track record they will usually help you out.

01-17-2014, 07:50 PM	#8
sneakypete OOH..Sneaky, Sneaky!! Drives: 2014 Camaro 2SS/RS 1LE Join Date: Jun 2011 Location: Oceanside California Posts: 254	Hahaha, this is obviously fictional. Traffic is to bad to travel at 83 mph on 95 north. This guys tells great stories

01-17-2014, 08:42 PM	#9
Smittty Drives: 2013 ZL1 Camaro 2000 SLP Camaro Join Date: Oct 2012 Location: Ruther Glen, VA Posts: 357	If you contest the ticket the Officer has to be present, If not the judge will dismiss it or continue the case.

01-17-2014, 11:15 PM	#12
Dave1222 Drives: 2010 CAMARO SS/RS Join Date: Jan 2014 Location: Northern VA Posts: 80	My honest opinion is that this is isnt something to take lightly. In VA, if I recall correctly, a reckless ticket could put you in jail - that's a life changing event. Get an attorney so he/she will ensure that everything can be done to protect you, even if you have a super clean driving record.

01-19-2014, 11:19 PM	#14
Mil Drives: 2013 Victory Red w/ automatic #671 Join Date: Jun 2012 Location: The Bat Cave Posts: 247 View My Garage	its your first offense, you can ask for probation before judgement. Just state the fact that you've driven awhile without incident…. say for example you're usually on 95 when there's traffic but if that particular time or day you were on 95 speeding; you can explain that traffic was lighter than usual that day and you were complacent about how fast you were going likely you'll get a PBJ (point waiver). you pay the fine plus court cost no driving points on your record