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kpz123 · Sep 16, 2011, 05:29 PM

I received two moving violations for putting my car into a ditch, no one was hurt or injured.

The officer said he would come back to investigate the site to see if I was also guilty of reckless driving.

My question is since I have already received two moving violations is there any chance that I may still get a reckless driving violation in court?

Should I plea bargain with the prosecutor for those two moving violations?

twinkiedooter · Sep 16, 2011, 06:49 PM

Please explain exactly how the two moving violations were worded.

Fr_Chuck · Sep 16, 2011, 07:00 PM

First no, "in court" they can not increase the charges. If the officer really went back ( and I really doubt he did, after a police officer leaves the scene he barely has time to do the actual accident report and they are off to the next call)
If he was really going to investigate the scene, take measurements, photos, skid marks, he would have done it at the time he was there.

Sounds like the officer was "messing" with you, trying to make you worry.

But, even if he did, they do not surprise you in court, with a new charge, and if they did, they can not try it at that time. But would have to set a new court date.

Next normally the DA will not deal directly with you, normally they will only deal if you have an attorney. ** that is if you try and offer a deal, They are free to make you a offer if they want to, but seldom will.

Next it is hard to say, since you did not tell us what tickets they charged you with, DUI or speeding or crossing yellow lines ? It makes a big difference, on things like speeding, or failure to yield normally there is nothing to plead down to, that is about as low as you go

kpz123 · Sep 16, 2011, 07:28 PM

#1: failure to maintain lane
#2: driving on the wrong side of the road
... I basically drifted into the ditch, the police officer did take photos at the time he gave me the tickets.

Fr_Chuck · Sep 16, 2011, 08:11 PM

Maintain lane and driving on the wrong side of the road ( actually about the same thing) if you were going to "fight the charges" one can not drive on the wrong side of road without failure to maintain lane,

So you should be able to plead guilty driving on the wrong side of road, since failure to maintain lane is a lesser contained charge of the first.

But both of those are not as serious as reckless driving, you will get a few points. But I would try and work out a deal ( if the DA will talk to you about it)

kpz123 · Sep 16, 2011, 09:46 PM

Is there any way I can find out the exact charges that I am going to be given: either the 2 tickets or the reckless driving, as well as the fines?

kpz123 · Sep 16, 2011, 09:50 PM

Also if I am giving the reckless driving would it be counted as a criminal record?

excon · Sep 17, 2011, 08:06 AM

Originally Posted by kpz123

also if i am giving the reckless driving would it be counted as a criminal record?

Hello k:

No. Driving offenses are infractions.. They are NOT criminal.

excon

twinkiedooter · Sep 17, 2011, 09:52 AM

Originally Posted by kpz123

#1: failure to maintain lane
#2: driving on the wrong side of the road
....I basically drifted into the ditch, the police officer did take photos at the time he gave me the tickets.

The only thing that could possibly happen to you would be more points on your license and raise your auto insurance premium the next time you renew the policy. The reckless driving citation could be added though, but probably won't be.

kpz123 · Sep 19, 2011, 01:58 PM

Can anyone suggest how I should plea in court to:
1. the 2 moving violations
2.(if the reckless driving is added then) the reckless driving
... I just want this to be done and over with; with the least amount of consequences.

----and is there any possibility of me being able to plea bargain, and if there is what are the steps for it.

twinkiedooter · Sep 19, 2011, 06:08 PM

Did you retain an attorney in this matter yet? Do you have additional points on your license before this event? Please answer these questions for me. Thanks.

Fr_Chuck · Sep 19, 2011, 06:21 PM

Traffic court does not really work at regular court, * at least here* if you have not already worked out a deal before court it does not happen there normally.
There will be about 50 or so people all at court for the same time. The clerk will come in and ask who is going to plead guilty, he has them come up, and calls their case ** in ours the judge is not even present yet. He then tells them to go into the hall and down to the clerk to arrange payment of their tickets.

The rest wait till the judge comes in, he then calls them up and asks them to plead, of course they are pleading not guilty since that is why they are still in court. Or a few plead guilty with a explanation hoping for a lower penalty.

The fine is no higher no matter how you plead. I always plead not guilty, no matter how guilty I am on a traffic ticket because if the officer does not show up, you can ask that the charges be dismissed since there is no evidence against you.

To work out a deal, normally your attorney will contact the DA who does traffic court and ask for one.

This is how our traffic court works. Yours may or may not work the same.

kpz123 · Sep 19, 2011, 06:47 PM

No attorney, and no points on my license before this.

If you happen to plea not guilty, and the officer does show up then what happens?

kpz123 · Sep 19, 2011, 06:57 PM

I'm from Georgia too, so it should be the same as you have described.I am just thinking how are you suppose to know if the officer is going to be present or not? and I'm sure if the officer is present that he has evidence against me, cause he did take pictures at the scene.

Fr_Chuck · Sep 19, 2011, 08:07 PM

I normally don't ask this, but what court, state or city ?
*** it makes a big difference

Next where, I did Fulton County State Court and before that a small back town city court in south Georgia.

But if he shows up, he will testify to what he say, you tell your story ( if you want to, if you are guilty best just to decline to testify) they find you guilty and the judge finds you guilty and tells you to go down the hall to pay the fine.

I would, if it was me, not testify to the events, but to ask the judge to dismiss the lesser charge since it is included in the other. This may surprise the judge who may or may not, nothing is lost if he does not.

This is how it works, Police officers who are on duty during the day, can't all be off for traffic court, Police offices who work nights, have to come in on their time off ( they don't get paid to be there except for a few dollars fee the court pays them.

So it is not uncommon for about 1/2 of the officers not to appear.

twinkiedooter · Sep 19, 2011, 08:24 PM

Please come back and tell us the outcome of your court case on your tickets.

kpz123 · Sep 19, 2011, 08:53 PM

City court

excon · Sep 20, 2011, 07:58 AM

Hello k:

If the judge said NOTHING about your license, then you can drive.

excon

Fr_Chuck · Sep 20, 2011, 11:00 AM

Yes, you are only not allowed to drive, unless the judge suspended your license and/or the DMV does for excessive points after your tickets go in.

Fr_Chuck · Sep 20, 2011, 11:03 AM

Ok, just City Court and the Johns Creek police, makes a large difference,

City police, they like to talk bull and try to scare you, esp in that area. Next the city gets to pocket the fines, so don't expect them to deal, they want the fine money.

If you want to do anything, plead NOLO to the charges, and still ask for the lesser one to be dismissed.

But by pleading NOLO normally at least one of the tickets, they will not report the points to the DMV.

Also city court, stop worry, pay a fine, and on your way, they are still tickets but they just want your fine money.