Speeding Ticket - Do I need an attorney?

ally2011 · September 2014

I got a ticket for 50 in a 35 (initially it was 58, but the officer was nice and reduced it on the spot to 50). I just spoke to an attorney and their fee is $150, plus everything else for a total of $418. Sigh.

In reading online, it seems like I might could just go to court myself and ask for it to be reduced to improper equipment. I have a clean driving record. Is there a reason I cannot do this and the $150 is worth it?

Thanks for your input!

tamarar5 · September 2014

What is the fine? How much will your insurance go up?

I've never gotten a speeding ticket, but every time I've contested a ticket (twice for me, but my husband has done it more) they've reduced the charge to something less.

kleigh926 · September 2014

I feel like I'm missing something. If you really were speeding (it sounds like you were), then why wouldn't you just pay the fine and accept the consequences? I've never had a speeding ticket so maybe I have no idea what I'm talking about.

ally2011 · September 2014

Everyone above - when you get a speeding ticket, if you have a clean driving record, they will reduce it to a lesser charge of "improper equipment" that is not a moving violation. Moving violations put points on your license and non-moving ones don't. This is set-up basically to allow an initial screw up without major consequences.
The "improper equipment" reduction is the standard option for first time speeding tickets. Or some counties offer a "prayer for judgment" which does away with that ticket for a period of some number of years, but if you get another one, then you get both offenses back on your record.

It is best to keep a clean driving record if possible, because you never know what tomorrow could bring. The question is, do most people get attorneys to avoid the hassle of going to court themselves (taking off work, etc.) or do most people get them because that is the only sure way to get the reduction granted?

If I thought I could show up in front of the judge and for sure get the same reduction that an attorney could get, I would rather save the attorney fee.

Does that make sense?

ETA - points on your license make your insurance go up, sometimes a lot.

ally2011 · September 2014

thejack said:

No. Absolutely do not pay for an attorney. You don't need one. And anytime you get a ticket you should always try and fight it. You go to a little court room and they read the violation to you and then ask what you have to say. You tell them whatever you need to say and most of the time they will just dismiss it and tell you to be more careful or something. That's it. It's always worth it to try and get it dismissed no matter what. Otherwise your insurance goes up and why not try and stop that from happening? I've gotten three speeding tickets in my life but I fought two of them and both of them got dismissed.

What happened to the third one?

Poppy523 · September 2014

I vote pay for an attorney- but being an attorney I am biased

if it's your first you might be able to fight it on your own but with 15 over that might be a point on your record which will affect your insurance. An attorney might get it reduced to improper equipment, you never know what kind of judge you will get and hiring an attorney saves you a day sitting in traffic court, which is a small bonus. Overall I think it will be cheaper.

Poppy523 · September 2014

Ftr I've never had a speeding ticket but I've spent many a day in traffic court and I would fight it everyday of the week!! If they are willing to reduce it I think it's dumb not to fight it whether with an attorney or without, unless you want your insurance to go up? People get distracted and make mistakes - that's why the system is there.

ally2011 · September 2014

Poppy523 said:

I vote pay for an attorney- but being an attorney I am biased if it's your first you might be able to fight it on your own but with 15 over that might be a point on your record which will affect your insurance. An attorney might get it reduced to improper equipment, you never know what kind of judge you will get and hiring an attorney saves you a day sitting in traffic court, which is a small bonus. Overall I think it will be cheaper.

STUCK IN THE BOX

The main reason I am considering the attorney route is that it is 15 over and was already reduced once. However, if I knew I could walk in there (with DD looking cute of course) and get it reduced to improper equipment on my own, I would rather do that than spend the extra money on the attorney. But not sure if I am comfortable rolling the dice on that.

Poppy523 · September 2014

Yes 15 over would be enough for reckless driving in some states. If the cop had dropped in to less than 10 over I would say fight it on your own, but 15 hurts a lot more. You want to get it to at least single digits. It's hard to roll the dice because you never know what you are walking into.

ally2011 · September 2014

Poppy523 said:

Yes 15 over would be enough for reckless driving in some states. If the cop had dropped in to less than 10 over I would say fight it on your own, but 15 hurts a lot more. You want to get it to at least single digits. It's hard to roll the dice because you never know what you are walking into.

Yes and the original speed (58) is still on the ticket, even though the "charge" is 50 in a 35. That makes me nervous. I don't want to be overly confident in my ability to sweet talk a DA with my (biased opinion coming) very cute toddler

ally2011 · September 2014

Thanks everyone for your input, especially you attorney ladies

I found an attorney on a recommendation from someone else that only charged $75 so I went with that. I saved $75 but still have the security of an attorney. The deciding factor was that we are a foster family and we never know when DSS will call. While I could go on my own right now, they can call anytime and turn our world upside down making that much harder.....if they called for example on Monday and we took the case, I would be in trouble for a Tuesday court date that I had to be at (my court date is next Tuesday). This makes the most sense all around.

Now, just need to break it to hubby

lbonga1 · September 2014

Keep in mind that in some states if you try fighting a ticket and lose, you'll have to pay the original fine plus court fees. That happened to me with a speeding ticket and previously clean driving record.

ally2011 · September 2014

lbonga1 said:

Keep in mind that in some states if you try fighting a ticket and lose, you'll have to pay the original fine plus court fees. That happened to me with a speeding ticket and previously clean driving record.

No matter what happens, I have to pay a $30 fine and $188 in court costs. The attorney fee and improper equipment fee are on top of that. Yay.

ally2011 · September 2014

DC2London said:

Not to be snarky but WhyTF were going 58 in a 35?

(I only ask bc I am constantly driven mad by people going 40+ down our 25 mph street, in a school zone, while my kids try to play outside. It's terrifying and maddening).

It was a road that is 4 lines wide and I didn't realize it was that through there. I was in a hurry trying to deliver stuff to a family that came to our church vbs and just wasn't paying attention. It was not a residential area, I am actually still not sure why it is 35 there except maybe because of the way one other road ties in.

tamarar5 · September 2014

They have to be turtles. They're green! The only time I see green kids is right before they vomit and I don't know about you but I wasn't too floor it the hell out of there when I see green kids.

caladpi02 · September 2014

I don't know why you are contesting something you are guilty of. In California most judges would rip you a new one if you told them "I did it but I don't want to pay". We also don't have DAs in traffic court. Also, if you have had no traffic stuff for 18 mos you can take traffic school and get it off your record. Can't you just pay and do traffic school?

ally2011 · September 2014

caladpi02 said:

I don't know why you are contesting something you are guilty of. In California most judges would rip you a new one if you told them "I did it but I don't want to pay". We also don't have DAs in traffic court. Also, if you have had no traffic stuff for 18 mos you can take traffic school and get it off your record. Can't you just pay and do traffic school?

It sounds like you don't understand how it works in NC. There is a system set up so that for first time things like this, you can avoid getting license points by pleading to a lesser (non-moving) charge or asking for a reduction to less than 9 mph over (depending on the county). Why would I not use the system that is in place and instead pay higher insurance rates? I don't know anyone who would do that, and I am a highly ethical person.

To clarify - I will still be paying. You pay no matter what. It is a matter of keeping points off your license to not also raise your insurance rates. This ticket will be costing me $343 when it is all said and done with.

ally2011 · September 2014

I just did some quick research and our process and your process serve the same purpose - keep points off licenses to avoid insurance hikes. They are just different means to the same end.

Poppy523 · September 2014

caladpi02 said:
I don't know why you are contesting something you are guilty of. In California most judges would rip you a new one if you told them "I did it but I don't want to pay". We also don't have DAs in traffic court. Also, if you have had no traffic stuff for 18 mos you can take traffic school and get it off your record. Can't you just pay and do traffic school?

This misses the point and is wrong on so many levels I don't even know where to begin. Anyways, hope it gets taken care of Ally, good luck!

draeray · September 2014

I am in Colorado and here we are always offered a lessor offense by the DA so there is No real need for a lawyer.

I also got a DUI when I was younger and I hired a lawyer. If I wanted to go to trial and fight it because I had no probable cause to be pulled over (I was stopped at a red light- had 3 beers) and they found me guilty, I would have gotten the entire extent of the violation for the DUI (12 points) plus a 3 point turn violation.I pled guilt and got the 3 point dropped plus the DUI to a DWAI (6 points).

Guilty is guilty.

ericalee27 · September 2014

DC2London said:

In my neighborhood, this is me.

LOL, this is totally what this thread was reminding me of

caladpi02 · September 2014

Poppy523 said:

caladpi02 said:
I don't know why you are contesting something you are guilty of. In California most judges would rip you a new one if you told them "I did it but I don't want to pay". We also don't have DAs in traffic court. Also, if you have had no traffic stuff for 18 mos you can take traffic school and get it off your record. Can't you just pay and do traffic school?
This misses the point and is wrong on so many levels I don't even know where to begin. Anyways, hope it gets taken care of Ally, good luck!

I am a DA in CA so I actually do know what I am talking about.

Poppy523 · September 2014

caladpi02 said:

Poppy523 said:

caladpi02 said:
I don't know why you are contesting something you are guilty of. In California most judges would rip you a new one if you told them "I did it but I don't want to pay". We also don't have DAs in traffic court. Also, if you have had no traffic stuff for 18 mos you can take traffic school and get it off your record. Can't you just pay and do traffic school?
This misses the point and is wrong on so many levels I don't even know where to begin. Anyways, hope it gets taken care of Ally, good luck!
I am a DA in CA so I actually do know what I am talking about.

Then you should know there usually isn't a DA in traffic court and that has nothing to do with the conversation. You don't need to lie to contest a ticket and people are not immoral for using their system correctly, that is why it exists.

caladpi02 · September 2014

Poppy523 said:

I don't know why you are contesting something you are guilty of. In California most judges would rip you a new one if you told them "I did it but I don't want to pay". We also don't have DAs in traffic court. Also, if you have had no traffic stuff for 18 mos you can take traffic school and get it off your record. Can't you just pay and do traffic school?
This misses the point and is wrong on so many levels I don't even know where to begin. Anyways, hope it gets taken care of Ally, good luck!
I am a DA in CA so I actually do know what I am talking about.
Then you should know there usually isn't a DA in traffic court and that has nothing to do with the conversation. You don't need to lie to contest a ticket and people are not immoral for using their system correctly, that is why it exists

First, I said that there is NOT a DA in CA in traffic court. Other people were telling her there were, so maybe in her jx that is true, but to advise someone to "talk to the DA in traffic court" is not always correct based on the jx. Therefore, my comment was not coming out of left field as you implied.

I was just offering my advice that on the few occasions I have been in traffic court (when the cops ask DAs to assist on under 21 driving with BAC of .01-.07) I have seen a parade of people say "I did it, but I want less of a fine" and then I saw them all get chewed out by the court commissioner.

Asking the judge to treat you like a special snowflake that shouldn't pay the same fine as everyone else is NOT using the system correctly. Asking to convert fines to community service, set up a payment plan, doing traffic school to eliminate the point(s) +insurance increase, or even contesting a ticket you feel is unfair IS using the system correctly. Andplusalso, I never called anyone immoral.

caladpi02 · September 2014

thejack said:

Yeah but you have the option to go to court to get it dismissed. Why wouldn't you do that?

If you got a speeding ticket, you wouldn't try and get it dismissed? You would just accept it and live with paying more ins??

That is how it works-you do something wrong, get caught and face a consequence.

Poppy523 · September 2014

For goodness sakes- she was accidentally speeding on a four lane with a clean record, not heading up a drug ring or driving drunk. Get off your high horse. My DH is the king of speeding tickets and has never paid the full amount regardless of jurisdiction, always reduced to improper equipment, and we have lived in plenty, nor has he ever lied about the situation. It's a negotiation, and contesting a ticket regardless of the situation is using the system correctly, you've never seen someone plead guilty trying to get their sentence reduced? Seriously...this is ridiculous, it's speeding ticket. Maybe you should look into some continuing education in your area, sounds like you could benefit.

Poppy523 · September 2014

luxannie said:
Dude, really Poppy? That's rude. I'm guessing that Caladpi knows exactly what she's talking about, at least as it relates to her jurisdiction.

Do you practice in CA? Do you have intimate, working knowledge of the laws and courtroom practices in that particular state? Because if not, maybe it's you who needs the on the job practice, rather than some basic CLE course.

Umm yes? Barred and practiced there before I moved to Nashville. Thanks for asking?

Poppy523 · September 2014

On that note, I'm gonna go ahead and bow out so I can go get some on the job practice like luxannie recommends. Things are getting busy over here anyways so the timing works out.

ally2011 · September 2014

luxannie said:

I guess I would, as long as getting it dismissed didn't require me to lie or stretch the truth even a little bit.

I would never lie or stretch the truth. That is not what is happening, it is requesting a reduction in the charges and is standard practice here. It can be granted or not, it is the same cost either way, minus the insurance rate hike if the ADA grants the reduction request. Speeding tickets aren't really debatable, they clock you electronically. I feel like I have explained this enough as to how it works in my county. We just took in a foster baby so my hands are pretty full....if I don't come back, that's why

ally2011 · September 2014

I literally had no idea it was different in other places, this is all I have ever known. Traffic school is also an option here but is more for repeat offenders or would be the 3rd request if the charge reductions were not granted.

ally2011 · September 2014

The charges still go on your record, they just don't add points....just to further clarify

And thank you @luxannie! It is a whole lotta crazy around here. We were called and said yes around 4:45 yesterday and dh was picking him up around 7. He might be here for 2 days or 2 years but I'm just gonna love the crap out of him while he is here. And speaking of crap, his is the worst thing I have ever smelled and this morning's diaper change made me throw up in my mouth....twice.

He is needing cuddles and dd is napping (our schedule is off from settling in) so I got to come back for a sec....yay!

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