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court procedure
Posted by: confused ()
Date: March 27, 2006 04:53PM

Hi, I have a court date coming up in juvenile court -- I got a speeding ticket (16 over). I have a clean record thus far, and I have already taken the Driver Improvement Clinic as a volunteer (after I got my ticket). I'm very unfamiliar with the way it will work when I'm in court. Will the judge already know that I have a clean record and that I've taken the course? I've heard that sometimes these tickets get dropped if one meets both those criteria. Will I be asked how I plead? If I don't dispute that I was speeding, should I say guilty or does that back me into a corner? Any general tips are greatly appreciated. Thanks!

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Re: court procedure
Posted by: mad max, JD ()
Date: March 27, 2006 05:10PM

Get a lawyer.

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Re: court procedure
Posted by: RESton Peace ()
Date: March 27, 2006 05:18PM

Juvenile hearings are closed. You will be called into the courtroom with your folks when your time is up and the cop will be called also. You will probably have to hang out with him outside the courtroom, for a minute before the hearing. Kinda uncomfortable if you don't like the guy, plus it kinda kills speaking freely about strategy lol. You'll be in the courtroom, which are rather small there, alone with the judge, bailiff, recorder, complaintant (the cop who ticketed you), and your parents. The judge will probably be pretty casual, they see way worse shit all the time at juvy. He will probably address your folks primarily and you'll just nod agreement when appropriate. I found the whole experience to be rather boring and straightforward but I was equally apprehensive going in. It only took five minutes and my offense was mildly more serious because I hit another car (at really low speed tho).

The judge probably will have no clue you took the class already. But those classes give certifiable proof, and if you indicated that you were taking the class for certain reasons, they all submit your completion of class to the dmv (5 plus points). So bring this info to court.

So not only is your record clean, which the judge WILL know, but you're at +5. I don't know if any more specific laws apply because of your age.

I believe you'll probably end up taking the class again or getting credit for having taken it. You'll actually come out ahead with the exception of the money paid for the class. I wonder if a minor can take the class online...?

Keep in mind the judge has discretion over everything and could deny you totally if you did something outrageous you haven't revealed here or there is some other mitigating factor. Youth is so cute that way.

Also, I believe all the same rules of order apply. If the cop doesn't show it's basically at the judge's whim to dismiss the case or proceed with the case (continuance). Maybe you'll get lucky and the cop will think the case is on a diff day, or he'll get sick. Happens to me sometimes. The judges always dismiss in these instances, because the court would be packed otherwise.

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Re: court procedure
Posted by: MrDoctor ()
Date: March 27, 2006 05:18PM

plead guilty and then show the judge your certificate u got from passing the clinic with a $100 bill taped to it

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Re: court procedure
Posted by: RESton Peace ()
Date: March 27, 2006 05:22PM

that would work awesome

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Re: court procedure
Posted by: previously confused ()
Date: March 27, 2006 05:33PM

Great! Thanks for the prompt reply, RESton Peace! And no, there are no other factors -- hopefully this will all go well. Thanks again.

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Re: court procedure
Posted by: trekroner ()
Date: March 27, 2006 06:10PM

You'll probably feel a hell of a lot better once you're in the courtroom and you hear how much more serious most of the other offenses are. ;)

In addition, you might consider pleading "guilty with an explanation." This doesn't dispute the officer's citation (which, let's face it, isn't likely to be completely overturned anyway), but what it does do is show the judge that you realized your error; that it was an aberration of your normal driving habits, and that you'll obviously be more careful in the future.

As for the "explanation" itself--while I don't know the complete circumstances of your ticket, you might want to simply admit that you may have broken the limit, but that you honestly didn't feel that you were going as fast as the officer claims you were. I once had a ticket for also doing 16 over the limit on Sunrise Valley Drive--a route I drove every morning. I explained that I'd just come from Starbucks, and had two venti cups of coffee in the cupholders. I'd also just turned onto Sunrise Valley Dr. from a red light at South Lakes--and that, in my view, there was no way I'd reach that speed in the amount of time I had, coming from a dead stop. I also pointed out that I knew, from daily experience, that there was a school zone just beyond the hill (where the traffic stop occurred)--and always slowed down upon approach. When the officer stepped out in front of me, I thought for a moment (and I made sure to point this out to him in the courtroom) that he was a school crossing guard. (The cop politely chuckled.)

I basically just made the case that hey, perhaps I was going 5-8 mph over the limit--but that I know better than to do 16. The judge agreed with me that it was a reasonable explanation, but pointed out that the cop has made a sworn statement testifying that the equipment he used was accurate. He said that he'd be willing to compromise by lowering the fine to ten bucks and erasing the points.

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Re: court procedure
Posted by: Gravis ()
Date: March 27, 2006 07:00PM

no courthouse, no court. burn that motherfucker to the ground. :P


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."095042938540

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Re: court procedure
Posted by: previously confused ()
Date: March 28, 2006 11:37AM

Thanks again, the judge dismissed the charges.

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Re: court procedure
Posted by: pgens ()
Date: March 28, 2006 12:29PM

You are lucky... they usually throw the book at minors but I am glad for you that things turned out well.

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Re: court procedure
Posted by: RESton Peace ()
Date: March 28, 2006 01:06PM

pgens has no idea what he is talking about, I question whether he has even been to the juvy court and whether or not he is stuck in codger mode today (the last week or so , really).

The judge almost ALWAYS dismisses a first driving offense by a minor if it is not serious.

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Re: court procedure
Posted by: pgens ()
Date: March 28, 2006 05:28PM

I know because when I was a minor I didn't get a break on any of my tickets, first through the third. None of the offesnes matched the OP's offense.

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Re: court procedure
Posted by: Q AND A ()
Date: August 19, 2015 08:49AM

How did it turn out for you? Are you married with kids now?

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