What to say to a prosecutor for a speeding ticket

[keevo54]

I got a ticket in Athens for 18 over in a 30 mph zone. I am 19 and it is my first ticket. I have called the court house and solicitors office but they did not really tell me anything. The solicitors secretary told me she really doesn't know about lowering the ticket but she knows they won't lower the fine.

I screwed up and deserved the fine but would like the ticket lowered to 14 over so insurance won't find out. My court date is Monday and I am going to show up 30 minutes early so I can talk to the prosecutor. Does anyone have advice on what to say or the chances of the ticket being lowered?

Thanks for the help

[Infinite]

well one time i had this smokin hot prosecutor... i just told her i loved her... she giggled, winked and then walked over.. said something to someone. she came back and went "its dismissed"

wakka wakka

[EssAreTwenTee]

very difficult to get them to bend on speeding tickets. you can see about taking a defensive driving course to get it lowered/dropped.

[Infinite]

the latest ticket i got i had an arrangement. 30 over... dropped to 18 if i do 24hrs of community service, dd school and pay 285.... just talk to the prosectuor and she what she can do... best bet

[speedminded]

a prosecutor? :thinking: there shouldn't be a prosecutor for a speeding ticket unless that's what you consider the officer is...all you'll have is a solicitor and a judge until you request a trial or trial by jury.

If you want to have the speed changed then call the officer and tell him straight up he gave you a ticket & you deserved it then ask if there is anything you can do to lower it to 14mph over. Just be direct and honest, seriously. You'll be suprised. Talk to the officer, don't wait until the day of your appearance to speak to the solicitor.

[Infinite]

well in cherokee they call them prosecutors. same in forsyth and cobb. it just depends on teh place

[speedminded]

well in cherokee they call them prosecutors. same in forsyth and cobb. it just depends on teh placeYou don't have a prosecutor at an arraignment and unless you plan on going to trial and fighting it you won't ever see or hear from one.

[keevo54]

You don't have a prosecutor at an arraignment and unless you plan on going to trial and fighting it you won't ever see or hear from one.
If I used the wrong terminology I am sorry. When I called the solicitors office, I asked if I should go straight to the solicitor when I arrived at the court house and for the rest of the she referred to the solicitor as the prosecutor.

Thanks for all the advice so far.

[keevo54]

Alright my plan is to go in and be apologetic and very respectful.

One last question though- If I go and they offer to reduce the ticket if I take defensive driving, how does it work? Will I accept the offer, pay the fine, go to class, then drop by in a week or two and show them the certificate. Or do they give me another date on which I will need to show up with the certificate? Not a huge deal but I would like to know before I go to court.

Thanks for everyones help/advice

[Hektik]

nolo

[speedminded]

Alright my plan is to go in and be apologetic and very respectful.

One last question though- If I go and they offer to reduce the ticket if I take defensive driving, how does it work? Will I accept the offer, pay the fine, go to class, then drop by in a week or two and show them the certificate. Or do they give me another date on which I will need to show up with the certificate? Not a huge deal but I would like to know before I go to court.

Thanks for everyones help/adviceyou're first appearance is an arraignment... you decide then if you want to plead guilty, not guilty, or nolo contendre. In your case you may want to look into pleading nolo but it's up to the judge to accept it or not. You can only do it once every 5 years so you want to make it count, you'll still have to pay the same fine but it doesn't go on your record.

[Annihilation]

" I'm Rick James BIATCH!"

[ATK_Designs]

1. DO NOT plead NOLO Unless it's the absolute last resort.
2. Dress nice and groom well
3. Plead not Guilty. Your first date will most likely be an arraignment, you'll have to comeback for an actual trial date.
4. If they asked you to have the trial that day, tell the judge:

"Your Honor, the defense didn't have enough time to prepare legal matters (such as lawyer) for the trial on an arraignment date. I'd like to request for a retrial"

The judge will approve that.

5. On the real trial date. Come early to you can be the first ones to go in.
6. Approach the Prosecutor nicely, and ask him/her if you can have a word with them about your citation. They'll tell you to sit down as they ave to talk to higher priorities first (ie. Lawyers). They'll come and talk to you afterward.
7. Tell them that you're afraid of loosing your job as it requires a Clean DMV record. This is your first citation and you need their help. (They want yor $$, not your job). Ask them if they can change it to a non moving violation (such as a very expensive parking ticket, etc.) or change to 14mph and under. Since you're only 19mph over, they'll most likely to do that for you. You still have to pay the same fine. But it won't be on your record. So you're safe in insurance company.

G'luck.

Also, on the trial date (not arraignment) pay special attention to see if the cop is there. If he's not there. Plead not guilty and they'll dismiss your case.

If the prosecutor ask for a retrial because the cop isn't there. state to the judge:

"Your Honor, the trial is here and today. The defense came ready. It's at no fault that the state isn't prepapred. I already took two days off from work. It's blatantly unfair for the defense to come back for the 3rd time. I motion for dismissal."

The judge will dismiss your case. Most likely, you won't have to say it at all.

Also, be very polite to Both the judge and the prosecutor.

[kyx]

^^^ some experience there, i gotta show up on the 22nd for 44mph on 25mph :X (cop was nice enough to lower it to 40 on the ticket) ... so im pleading not guilty, I guess.

[keevo54]

Interlude that was exactly the advice I was looking for, thanks. From your post it sounds like they will not offer me a deal on the arraignment date, or will they?

[ATK_Designs]

Interlude that was exactly the advice I was looking for, thanks. From your post it sounds like they will not offer me a deal on the arraignment date, or will they?

They can, but they'll most likely sucker out the people who're there just to plead guilty :doh: :taun:

Also, the reason you want to plead not guilty and go to a trial date is also try your luck to see if the officer is there or not. :goodjob:

I'm pretty certain that the prosecutor will not give you a hassle and will be more than happy to change the ticket for you. Just show your courtesy and politeness while not giving in to them. Remember, when you negotiate, NEVER EVER admit that it's your fault. Just ask them if they can help you because your job requires a clean DMV record. :cheers:

[_Christian_]

1. DO NOT plead NOLO Unless it's the absolute last resort.
2. Dress nice and groom well
3. Plead not Guilty. Your first date will most likely be an arraignment, you'll have to comeback for an actual trial date.
4. If they asked you to have the trial that day, tell the judge:

"Your Honor, the defense didn't have enough time to prepare legal matters (such as lawyer) for the trial on an arraignment date. I'd like to request for a retrial"

The judge will approve that.

5. On the real trial date. Come early to you can be the first ones to go in.
6. Approach the Prosecutor nicely, and ask him/her if you can have a word with them about your citation. They'll tell you to sit down as they ave to talk to higher priorities first (ie. Lawyers). They'll come and talk to you afterward.
7. Tell them that you're afraid of loosing your job as it requires a Clean DMV record. This is your first citation and you need their help. (They want yor $$, not your job). Ask them if they can change it to a non moving violation (such as a very expensive parking ticket, etc.) or change to 14mph and under. Since you're only 19mph over, they'll most likely to do that for you. You still have to pay the same fine. But it won't be on your record. So you're safe in insurance company.

G'luck.

Also, on the trial date (not arraignment) pay special attention to see if the cop is there. If he's not there. Plead not guilty and they'll dismiss your case.

If the prosecutor ask for a retrial because the cop isn't there. state to the judge:

"Your Honor, the trial is here and today. The defense came ready. It's at no fault that the state isn't prepapred. I already took two days off from work. It's blatantly unfair for the defense to come back for the 3rd time. I motion for dismissal."

The judge will dismiss your case. Most likely, you won't have to say it at all.

Also, be very polite to Both the judge and the prosecutor.

good post. great advice

[JDM onlyy]

Interlude, where were you when I needed help with my other 13 tickets???

[keevo54]

Looks like I won't have to show up early on the trial date to speak to the prosecutor. I have to go to a "Pretrial Status Conference" next Friday where I meet with the prosecutor and discuss the case. If he doesn't offer a deal, I will have wasted yet another day. I guess since they are backed up in court and have started doing these conferences maybe they will be more willing to deal, so municipal court does not get any further behind.

FYI- In Athens on the day of arraignment only lawyers are allowed to speak to the prosecutor.

[dp32185]

if it's athens clarke county, the lady solicitor is extremely nice. call her before your court date, make an appointment to come in and chat with her for a few minutes. tell her your situation...talk about other options such as community service and/or driving school etc. to get it lowered to below 15. and there's no need to mention about doing extra stuff unless she says 'no' the first time.

if you were speeding in a residential area or school zone, they won't do $hit. they won't lower the mph or anything. that's the clarke county 'law'. i speak from an experience here.

also, i'd go see her as soon your file hits the cabinet. they won't automatically drop your case just because the cop isn't there. it's solely up to the judge. seeing this as your first traffic violation, she probably would drop it if that was the case.

if you got a ticket in oconee county, that's awesome. they're much more lenient there. good luck...oh and don't forget your wallet.

[bigdare23]

Tell him you'll eat his children.