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I decided to go to traffic court a couple of days ago, mostly for the experience. I learned a lot so I thought I'd share a couple of observations in case someone else cared. Though the short version is that it really wasn’t even remotely worth the time.
I got stopped doing 15 over on a road that could easily and safely handle that speed. I was not knowingly or intentionally speeding nor was I going faster then anyone else on the road. (it happened near an army base and I have a DOD sticker so I wondered if that was how I was picked out - why else have a speed trap at the gate of a base?)
There are all these articles on the internet that say get your date moved because the cop may forget to show up. yea right. I had to move mine so I could go to a wedding, plus it was on a Friday which is a bad day. I called and requested some dates but was told it wasn't my choice I had to take the officers next open court date - and they were all on Fridays. If you couldn’t do the very next open date, you needed the judge’s permission.
I showed up for court to find out that my name was not on the docket. It turns out that the officer realized he could not make it so he had the date changed the day before the trial. I got the notification in the mail after I got home.
I went back a week later with a court time of 930. I assumed that was when you were to see the judge. No, that's when the judge shows up and starts seeing everyone. I told work I would be there somewhere after 10. Around noon I was still waiting. It took a long time because for some reason they called all the people who were not licensed first. Then most of them couldn’t speak English so they had to get called up over and over as the interpreter went from one court room to the next and back. A large majority of these for going around 30 mph over, speeding with an accident or some connection to a DUI – in addition to having either lost a license or having never been licensed. However, only one of the over 30 people were represented.
I also did not know that you had to be approved for a court appointed attorney. One guy got turned down and showed up to represent himself with a DWI charge! But it turned out to be a court mistake. The $600/week they thought he made did not qualify him for representation but the $100/week he actually made did so he got a continuance.
I also did not know that you had to pay for the court appointed attorney. The judge warned the one guy that his fine would be higher then he would expect because he had to pay legal costs. It looked like the interpreter was free.
One officer did not show up for court. I thought the ticket would be thrown out but the judge simply dropped the citation from 25 mph over (at least $1000) to failure to follow a traffic sign.
The judge was getting irate (but not at all too bad) because she had say the same thing over and over to almost every single person who came up and every person seemed surprised when she told it to them; Im not sure how you go to court and decide to not follow directions that get repeated every 5 minutes.
I had a few things in my back pocket to say but by the time it was my turn I just made it go quickly. I pleaded no contest before I even got out of my seat (The judge kept complaining that everyone was wasting her time (not following directions)). The cop said there were no significant extra details, traffic was not affected, and that I had a completely clean driving record. She then asked me if I had anything to say and I just replied no ma'am.
She knocked it down to from 15mph over to failure to obey a traffic sign, said next, and I walked out. The worst part of it was that the cost of the fines at court were almost double what they were if you just pleaded guilty by mail. The court costs were also much more than the processing fees of simply mailing in the 'I'm guilty' notice so in the end, with the reduced citation, I saved about $5 and lost 4 hours of work. But I did loose one less point.
In North Carolina the easiest (and cheapest in the long run) thing to do is hire a lawyer. If you have a good record you can get a speeding ticket reduced to "improper equipment".
I can strongly recommend to anyone that enjoys their driving privilege and recognizes the challenges to personal motoring freedoms to take a look at Motorists.org - The National Motorists Association Website. Below is an excerpt their home page:
If You Drive, We Represent You!
The National Motorists Association (NMA) was founded in 1982 to represent and protect the interests of North American motorists. We began by combating the 55-mph National Maximum Speed Limit and we continue to support efforts to retain motorists' freedoms and rights.
We work for more reasonable speed limits and fight for better driver training, fair enforcement practices and important privacy protections.
The NMA believes in freedom and responsibility to make choices, not in "one size fits all" legislation, ticket cameras, unfair driving taxes, revenue-motivated traffic courts and speed traps. We support traffic laws based on sound engineering principles and public consensus - not political agendas. END
I've been a member since 1999 and have witnessed the power a group with common goals can have on our lawmakers. We got the national 55 MPH speed limit abolished and returned the power to the states. A couple of many resources we offer are info for fighting tickets and identifying and notifying of regular speed traps in every state.
Please visit the site and consider membership, there is no one else looking out to protects our interests like the NMA!
In Oklahoma, if the cop doesn't show the case is dismissed. I think it is wrong that yours wasn't dismissed the first time. Late notice in the mail doesn't count.
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The days of hoping the cop won't show up are long gone. The last time I was at a traffic court, in MD, the process was identical. You show up at 9 AM or 1 PM, There are 50 or 100 other people having your time, and you just wait your turn.
The one time I was there for 1 PM, everyone was waiting. The judge was waiting, no prosecutor. Turns out it was "Secretary" day and the prosecutor was late coming back from lunch. Not a good idea to keep the judge waiting He left EVERYONE go, dismissed all tickets EXCEPT for the biggies (e.g., reckless driving, DWI, etc.).
In Virginia ALWAYS get lawyer. In rural Virginia,the lawyers & judges are a group of "good old boys" for the most part. They know if a certain cop has a "rep" for giving questionable tickets. I've had one speeding ticket thrown out & the other [85 in a 55] reduced to driving improvement school.
Last edited by old dude; 08-14-2007 at 06:21 PM.
Reason: missing word
I wanted to get a lawer because I'd rather pay him then the state. I saw on the net that it would cost $150-200- done deal. However, when I called a lawyer who's name came up in a northern virginia traffic court lawyer search, he didn't seem too interested in a simple speeding case and said the minimum cost would be $850. There was no way that was worth it so I got annoyed and forgot about representation.
I always get a lawyer, and it always costs me one day of work. The frustration of traffic court is mind blowing.
If you ever want a reminder of what a pile of morons the general populace is, just spend a day at traffic court.
Significant amounts of people:
a) show up late
b) don't listen to directions (as stated above)
c) expect the court to speak whatever language they do
Also, the cops always show up. They get paid OT to do so. (why do you think they write tickets in the first place).
Anyway, after a few hours, they usuall call my name - I walk up front with my lawyer and they dismiss my case. I don't know how or why, but I don't care.
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"Anyone who has not broken the speed limit in their CS is a nerd. Of great, glorious, mammoth proportions." --- jlambeth
I don't know how it is in Virginia (haven't been ticketed here yet), but in Maryland if the cop doesn't show up, you are supposed to plead not guilty. With no cop, they have to accept your statement. If you plead no contest, you are admitting guilt and the judge can impose any penalty she chooses. I know this because my wife went to court, didn't take with her my brother-in-law who is a traffic attourney (among other things) and plead no contest or, I think she said "guilty with good excuse your honor." Anyway when my brother-in-law heard the story he cried (in a nice way) "you idiot, if the cop isn't there you are supposed to say not guilty."
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Interesting info. I find that the biggest impact for small infractions is with the insurance - I had a case were I lost no points, but it cost me hundreds of dollars on car insurance, as the insurance companies look at all moving violations for the past 3 years - lesson learned - go to court.
Around here we have a number of ex cop companies that will assist with tickets - if you loose it costs nothing. Does anybody have any experience with those type of companies ?
Until 
