In court yesterday, the judge told me (roughly) “Case is dismissed and a $100 fine.” If my case was truly dismissed, then what was the fine for? Note that the judge didn’t rule me guilty of a different offense (as he did for some other drivers); he actually told me “dismissed” and the $100 fine. So, if the case is dismissed, for what (legally) did I pay $100 fine? You can only pay fines for something, right?
I’m not griping about the $100 – if the ticket was truly dropped, it’s a better outcome than I had initially hoped for.
Background: On another thread I mentioned that I got a speeding ticket (my time was due, I suppose). I got some good advice about how to deal with it, and applied it in the courtroom. I didn’t mind the $100 fine so much as the two points, which possibly could have cost me more insurance premiums for three whole years! Thus, I went to court willing to pay whatever fine for whatever reduced charge.
Have you tried calling the clerk and asking? that’s the first thing I’d do. You can play dumb and say “i understand the case was dismissed so that means I don’t need to pay the fine, right?” In other words, the fine would be $100 but was dismissed.
Hmmm… that’s kind of what I was thinking, too. But wasn’t my appearance before the judge the hearing? Or, was that merely an “appearance”? What’s the difference?
What was your plea? I see you say that the judge’s words were quoted “roughly.” Are you sure that they weren’t something like, “I’ll dismiss your case, but you have to pay $100 in court costs”? As sailor mentioned, ask the clerk–they’ll be able to tell you which it is.
that doesn’t sound right - when a judge dismisses a case at a pre-trial hearing, it usually means he has determined there isn’t enough evidence to prosecute or that the facts presented by the prosecution don’t add up to a crime. at least in texas, you can’t be found guilty without a trial unless you plead guilty or no contest and waive your right to a trial. if you want a trial, you get a trial.
I once entered a plea agreement where I paid a $100 “diversionary fee” to the prosecutor in exchange for a dismissal. Are you sure that this isn’t what happened?
Similar to what she said, some places offer an option called Deferred Adjudication or Deferred Disposal, depending on what the judge wants to call it.
Basically, you pay the fine to the city and they dismiss the ticket as long as you don’t get another ticket in the next 6 months, 90 days, or whatever time period the judge deems appropriate. If you don’t get another ticket, then you are cleared. If you get another ticket, the first one goes on your record as well as the second one.
If that is the case, it would pay you to know the details there. Call the clerk.
I went to traffic court and pleaded not-guilty. After a 10 second trial the judge found me guilty anyway and said, “Guilty, $50 fine and it won’t go on your record.”
Like most people I was very happy with this outcome (the $50 fine being much better than my insurance getting jacked).
Move forward several months and I’m back in traffic court. I pleaded guilty and the judge asked me if I had any other tickets on my record. Sweating that this was a trick question (that even though my previous ticket was ‘off’ my record they’d still actually have a note to that effect) I said no. The judge didn’t blink, and said, “$50 fine and this won’t go on your record.”
I’m hoping that this is exactly what happened to me. To me, my fine would definitely have been worth avoiding the insurace hassles. I didn’t get a chance to call the Clerk today I’ll have to try again Monday.
Sounds like you paid “Court Costs”. Imagine what it would cost the court systems if they did not charge you. Then the courts would not dismiss as many cases as they do. We don’t want that, now do we? You were speeding, they know you were speeding, you know you were speeding… they are not going to press the issue, but they are not going to ‘donate’ their time to you. You need to give up some money!
Even when you get something dismissed or you get adjudication withheld, you alsmost always have court costs anyway.
This is true when talking about actually ‘crimes’. Speeding is not a crime. It is a civil infraction therefore not criminal. In traffic court all the evidence needed is the ticket and the officer (granted: if speeding, then the radar certification date and the officers certification to use it, etc). The judge would (usually) not dismiss a traffic violation for ‘lack of evidence’. Judges do dismiss tickets all the time though.
The last time I was at traffic court the judge said:
If you plead no contest I will open your driving history for the last three years. If you have no tickets: case dismissed; pay court costs $75. If you have one: Adjudication withheld; traffic school; pay court costs $75. If you have two or more: Guilty! Pay original fine; plus court costs $75.
bear_nenno
this has to be different state to state. i get several speeding tickets every year in texas and usually take them to court. at my last appearance docket in late october, the judge specifically said that our traffic violations were criminal charges that, if taken to trial, would have to be proven beyond a reasonable doubt for us to be found guilty.
also, oddly enough since you made this point, my last two tickets were dismissed ‘due to lack of evidence’. this wasn’t a judge’s ruling; the attorney for the state moved to dismiss based on lack of evidence. i never even had to stand trial.
I’ll have to try again Monday.