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-   -   Should I go to court for a speeding ticket that I am guilty of or just waive my right (https://www.askmehelpdesk.com/showthread.php?t=483657)

  • Jun 28, 2010, 04:46 PM
    russharv63
    Should I go to court for a speeding ticket that I am guilty of or just waive my right
    A couple of weeks ago I got a speeding ticket and if I decide to waive my right to a trial I can pay it on line and be done with it. I got caught doing 51 in a 25mph school zone. There is a $200.00 minimum fine for speeding in this school zone. The total fine they want me to pay is $443.00. Here is how they arrived at this amount. First, I am being charged the $200.00 minimum fine. Next, they are charging me $7.00 for every mile I was over the 25mph speed limit (51-25mph=26mph x $7.00= $182.00). And lastly, there is a $61.00 court cost. If you add these three amounts together, $200.00 + $182.00 + $61.00 you get $443.00. I can admit that I am guilty of this traffic offense and I am willing to pay a fine but I did not think it would be this stiff. The $443 dollars seems to high of a fine to me considering that all I have on my driving record is two parking tickets from the 1980's and one reckless driving ticket from 1996 where I paid a fine of $126.00. Would it do me any good to go to court and plead guilty and maybe get a lower fine than $443.00 or should I just pay this amount online and move on with my life?
  • Jun 28, 2010, 04:50 PM
    PellMell

    Speeding in a school zone is a VERY serious offense in our state. A lot will depend on your state and on your courts. Some courts are more lenient than others. You may be able to negotiate a lower speed by talking with the DA or the judge. The worst case scenario is that you end up paying $443.00.

    You didn't mention whether there are any legitimate reasons for driving 26 MPH over the speed limit in a school zone. (Is school out?)
  • Jun 28, 2010, 05:04 PM
    AK lawyer
    Quote:

    Originally Posted by russharv63 View Post
    A... Would it do me any good to go to court and plead guilty and maybe get a lower fine than $443.00 ...?

    No. You aren't going to get a lower fine. Probably be higher.
  • Jun 28, 2010, 05:15 PM
    cdad
    Quote:

    Originally Posted by russharv63 View Post
    A couple of weeks ago I got a speeding ticket and if I decide to waive my right to a trial I can pay it on line and be done with it. I got caught doing 51 in a 25mph school zone. Their is a $200.00 minimum fine for speeding in this school zone. The total fine they want me to pay is $443.00. Here is how they arrived at this amount. First, I am being charged the $200.00 minimum fine. Next, they are charging me $7.00 for every mile I was over the 25mph speed limit (51-25mph=26mph x $7.00= $182.00). And lastly, their is a $61.00 court cost. If you add these three amounts together, $200.00 + $182.00 + $61.00 you get $443.00. I can admit that I am guilty of this traffic offense and I am willing to pay a fine but I did not think it would be this stiff. The $443 dollars seems to high of a fine to me considering that all I have on my driving record is two parking tickets from the 1980's and one reckless driving ticket from 1996 where I paid a fine of $126.00. Would it do me any good to go to court and plead guilty and maybe get a lower fine than $443.00 or should I just pay this amount online and move on with my life?

    Depending on where you live there may be a way to satisfy everything and keep it off your record. The problem is the rate at which you were going. A Judge may frown on that and decide not to be lienient. Here is something if allowed where you live. You go to court and plead no contest. And ask for probation. You still incurr court costs and maybe a smaller fine and you have to drive safely for a short period like 1 month to a few months. But at least you can keep your clean record. Also exceeding the limit by 2 times is enough that they could have arrested you and it really would have cost.
  • Jun 28, 2010, 05:21 PM
    ScottGem

    As to the amount of the fine, That would be about par on Long Island. I don't know where you are so I can't say how it compares. But a lot of places are trying to close their budget gaps with high fines for moving violations. Also your previous driving record has no bearing.

    On the other hand, most places want to streamline the process. So, if you do show up in court, they will generally lower the charge and maybe the fine. This will mean none or fewer points on your license which can affect insurance rates.

    I got caught with a speeding ticket just after Xmas (also with a previous clean record). The fine was over $400 and 4 points. I showed up and the fine was reduced by about 50% with no points.
  • Jun 28, 2010, 05:25 PM
    PellMell
    Quote:

    Originally Posted by califdadof3 View Post
    Depending on where you live there may be a way to satisfy everything and keep it off your record.

    This option in my state is called a PJC, or a Prayer for Judgment Continued. If you can convince the judge that you deserve lenience, the decision in the case is maintained in limbo indefinitely, so you're never found guilty. You have to pay court costs but not fines. The judges in our area will not even consider giving a PJC for speeding in a school zone. Most of them will throw the book at you. The offense is probably second or third to driving drunk or passing a stopped school bus.
  • Jun 28, 2010, 06:46 PM
    Fr_Chuck

    Speeding in a school zone at least in every area I know of it taken very serious.. The amount of the fine is set, so many dollars for miles over speed limit. So it most likely will not go down.

    Best shot is show up, plead not guilty and hope the officer who wrote the ticket does not show up in court.

    You may look at also how many points this will be on your ticket, it can be very serious. Also it can effect your car insurance
  • Jun 29, 2010, 05:03 AM
    smearcase

    I went to court once and the judge came in and announced that everyone present for speeding violations could plead guilty and receive half the points and half the fine, or stand trial and face a possible fine of $ 500
    (15 years ago). The courtroom cleared out fast. I have no idea if that was legal but he must have thought it was.
    Another time the judge looked at my record on a screen in front of him and gave me PBJ. I have gone to court twice in almost 50 years and it paid off both times.
    I just read about a county near me installing speed cameras in school zones. The cameras operate year round. Some laws cover a one mile radius around the schools so with overlap between nearby schools, the coverage can be for a large area.
    The judge will ask you why you were going more than 100% over the speed limit in a school zone. If you don't have a really good answer (like I had severe chest pains and had to get to a hospital or my accelerator stuck), your only hope is no-show by officer and that doesn't happen as often as people think, especially with governements desperate for funds. If you have some reasonable answer when asked why 100% over speed limit in school zone--go. If not, don't.

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