Question for the police on here

[Bonibelle]

I received in the  mail  today (OK, it was addressed to my husband, but since I pay all the bills, I always open all the mail), a letter from a lawyer offering to defend my husband for the citation that he recieved that could carry points, license suspension and/or mandatory jail time!!! It goes on to tell about how this will result in an increase in our insurance..etc.  
After a LONG cross examination, and some creative thinking(that usually only works on my kids) , I got hubby to admit that he did get a speeding ticket last week...for $150.00..but the officer admitted that he had stopped a group of cars (5 to be exact) and could not be sure if the speed clocked was really accurate...OK, sure, I'll buy that..Hubby thought we would just contest it and get off and I would be none the wiser...
I want to know how the heck a lawyer got this information? Is it public information..everybody who gets a ticket??

To keep it hot tub related, I will be writing about tested and proven methods for drowning a fibbing spouse tomorrow  

[drewstar]

Yes,  it's public record. It's part of our cival liberties that legal records are not sealed. This prevents the courts and police from peforming secret trials and such.  We are supposed to have an open court and legal system unless making it open can injur an innocent party, or  now with the patriot act, be in interest of national security.


/not a policeman. Sorry.

[Campsalot]

Nope, don't take the lawyers advice.  Do it yourself!  Traffic court is EASY!  I would do this; if your hubbys driving record is excellent simply point that out to the judge and say "Your honor, For X amount of years I have been driving without any incidents.  Yet today I find myself in traffic court with 4 other drivers for the same offense.  No your honor, I will let my driving record stand for itself!

Bonibelle, that will be $750.00!  No, I'm not a lawyer but I have played one on TV!

[Brewman]

At the very least try and have the ticket ajudicated.  That's a process where your hubby appears in court but asks for leniency based on his good driving record, which we'd hate to tarnish, coupled with the police officer's statement that the grounds of issuing the ticket are shaky.  

What often happens is that they stay the ticket for a period of time, say 6 months or one year, and if hubby keeps outa trouble, the ticket goes away.  No insurance ding, no driving record ding, no money paid in fines.

Or they might agree to settle the ticket for a set fine, and not ding the driving record, which is really nastier than the fine once your insurance company runs his driving record, which many companies do at least once per year.

In most areas, the officer issuing the ticket has to appear in court with the "offender", and if the officer blows off court, case dismissed.

All it will cost you is a few hours of time off work to appear in court.  

I'd ignore any lawyer who sought me out.  You're likely to pay the lawyer more in the long run than the courts or the insurance company.  Smells like an ambulance chaser to me.  

[Im-A-Duck]

I am not a Lawyer but I did stay at a Holiday Inn Express lastnight!!!! That will be $1200.00  Thank You!

[Dr. Spa™ Ret.]

Boni, I think it's going to make a difference depending on what state you're in. Some of the suggestions so far, I've never heard of............ and ummmmmmmmmm, well, lets just say I've beaten a good number ........... my share of ......... some......... ummmmmmmmm, I once beat a parking ticket (uh hu, yeah, that's it. a parking ticket) and things can vary a LOT from state to state.

However, let me ask a few things......
How was the spped determined? Radar?
You say they pulled over a group of 5 cars. Where in the "pack" was your husband?
Why was the officer unsure that the speed clocked was really accurate?

[wmccall]

If it is like our court system, being in the right has very little to do with it. The system is set to make  you give up and pay the fine its easier.  Lt. Dan, do you remember Judge Ann Taylor?  That was one worthless human being.

[Bonibelle]

Since my hubby decided he wouldn't even tell me about his, I have to question everything that he said..but..So he claims, this officer was out of his car behind a tree with the radar gun. the second officer was just beyond this pulling everyone over.
And the story goes, the officer already had 1 car on the side..shouldn't that have sent up a red flag?? Anyway, hubby claims he could never have been clocked at 42 MPH in a 25MPH zone on this very very bumpy, windy country road. There was no pack, just a line of cars.  He claimed 3 cars behind him were flagged down too.  Then he says, they couldn't write the tickets fast enough, they just kept pulling cars over.
Steve must have argued with about 42 MPH (and in all honesty that road is horrible and it would be difficult to drive that fast and maintain control) and the officer said that maybe the reading wasn't accurate and Steve should dispute it.  :-? He has a clean record and the officer told him that would help. I think the process that Brewman describes is what he is hoping to do. The officer told Steve he would be in court and support his driving record?? What I don't get is why even write the dang ticket if he is going to tell you that it might not be accurate so you should fight it?  We have to pay the $150.00 ticket and then go fight it..does that make sence?

This does not bode well for my hubby since we are teaching my 16 year old to drive and he already is having trouble keeping his lead foot in control! It's funny, at dinner the other night we were talking about the day that my son spent shadowing the Chief of Police as part of a citizenship event for Boy Scouts. He reached into his wallet and pulled out the Chief's card and said "Chief Bohn said if I ever get in any trouble to give him a call and he would help me out"...Can you imagine him calling to get his Dad out of trouble?  

I am not getting a lawyer, I am actually thinking of calling the lawyer, playing around with fishing information from him and then saying I had no idea my husband had a speeding ticket but thanks for the information...

[thearm]

Bonibelle,
Here in NYS you can request a trial and ask for a supporting deposition from the officer. The officer must complete the paperwork and have it sent to you before the trial date. If you don't receive it the ticket is then dismissed. If the officer doesn't show up at court it also gets dismissed. Last resort is to ask for a plea reduction to a 1110a citation which is failure to obey a traffic device and carries only 2 points and won't affect your insurance rates. Up here sometimes you can call the District ATTY and plea bargain over the phone to a lesser charge. Usually the fine stays the same but less points. Absolutely fight it and you have a good chance of winning. Now for your husband thats a different story. Reminds me of a pastor who told everyone that next week he was going to preach on lying and asked them to read Mark chapter 17. The next week he asks who read the Mark 17 and everyone raised there hand. He then told them that Mark only had 16 chapters and now he would deliver the sermon on lying!
PS: To err is human but to forgive is divine.

[D.P. Roberts]

I got a speeding ticket for $74 last year. It was my first ticket in over a decade. I went to the hearing and told my story to the judge, about how I didn't have any points on my license, I'm a good driver, etc. He waived the fine but charged me $74 in court costs - which, he was quick to point out, is exactly how much I would have paid if I would have just mailed in a check. So, fighting it works, as long as you're not in central Ohio & get Judge Irony...

[Brewman]

If paying $75 court costs vs a $75 fine keeps the ticket off your driving record, you got off ok.  Three years of paying higher insurance premiums is more expensive (in my case) than the fine.  Plus once you have that one ticket, the next time your pulled over it increases the potential to get ticketed.  

Let us know how your husband comes out.  In the end, he may have to pay anyway, but it won't cost much except time.  But I'd be really surprised if they didn't do something for him.

[Bonibelle]

My real concern is points and an increase in insurance premium since we will be looking at adding a teenager in about 2 months!

I wish that police officer was on the road this morning when I took my son to school. I had a woman pushing me like crazy on another bad back road in the fog (very bad fog). I was doing the speed limit. She had no lights on and continued to beep her horn and ride the back of my bumper. She tried to pass me although there are NO safe spots on this road to pass. Finally we got to school and I was pretty ticked off by then...guess what? She was a teacher!
Now she deserved a ticket  

[drewstar]

Bonnie,

Was your husband  speeding?

[NE-Phil]

After reading these posts, I just realized I haven't had a moving violation in over 20 years!  

Yes, I'm tooting my own horn! Why not!   8-)

Phil

[Brewman]

Why not?  Because you just called down the gods upon yourself, and on the next trip you make in your car you're going to get a ticket.

I know what you mean, though.  I haven't gotten a ticket since maybe 1990.  I got stopped for speeding last fall, but the officer just warned me.  Thankfully, since Mrs. Brewman, aka "Leadfoot" has 2 tickets currently dinging our car insurance.
And I too, am going to be adding my son to our car insurance policy in the next couple weeks.