Go to court or just shut up and pay the ticket

Factual Questions
1

Got my first speeding ticket in 14 years last month. Here’s the facts: 83 MPH in a 70 MPH zone on I-40 in Fayette County, Tennessee, pulled over by a State Trooper. He had me dead to rights. I didn’t even argue when he told me how fast I was going–I think I was going even faster.

Here’s the question: Will it do me any good to appear in court on my court date or should I just pay the $149.50 fine by mail? I would have to drive about an hour to get to the court house, which I would gladly do if I thought it would do any good. I have had some people tell me to go to court and try and get sentenced to traffic school instead of paying the fine. If I do get traffic school, would I have to drive to Fayette County every time I had to attend or could I take it in Memphis where I live? Others have told me to go to court because if the officer that wrote the ticket isn’t there then the charges will be dismissed. Is this true? What are the chances of this happening?

Yes, I have conducted a search on the board, but could not find an answer to this specific question.

Answers from folks knowledgeable in Tennessee traffic code are most welcome.

2

If you go to court, three good things can happen:
(1) Punishment will be traffic school. Doubtful.

(2) Fine will be reduced. Very probable.

(3) The arresting officer will not be present. You then have to move to dismiss the case for want of prosection. The judge is not going to make that motion for you. Very unlikely. The officers know the court dates and they have a block of tickets issued for that date.

So my advice, if it’s worth the travel to get the fine reduced, is to go to court and throw yourself at the mercy of the court. Plead guilty. Don’t say any more. Just plead “Guilty.”

3

Some states have probation before judgment, which basically means “give us the money, and we won’t put it on your record–and don’t screw up again.” The benefit is that your insurance rates are unaffected. I’ve heard tell of people who ask for an automatic extension of their court date if they’re still under probation from a prior violation, so that by the time they get to court their record is clear again, and the cycle begins anew.

All I know is, it worked for me with my last ticket (and first in 15 years).

4

Where I live, its almost an automatic, you can take defensive driving class(even online), and the ticket gets dismissed(you can only do this so many times. You can ask for probation, and get it couple of months if you want. Either way it stays off your record. I would never just pay a speeding ticket, the insurance rates would be a killer.

5

I don’t know about your state, but in CA, if you get traffic school (easy to get, and you can go every 18 months!), you still pay the ticket plus a TS fee, it just doesn’t show on your record as a violation. This works for just about any moving violation except for majors- DUI, reckless and the like.

It’s a boring 8 hour day, but no points and no increased insurance premium.

Or you can save the court and yourself some time and just pay the damn thing.

6

I can’t speak for TS, but here in WI…

I’ve gone to court with each of my teenagers. In Milwaukee county they automatically offer to reduce the points in half for the speeding violation, but no reduction in the fine. For the other child caught speeding in neighboring Waukesha county they offered to eliminate the points, but not the fine.

Bottom line here is go to court if you’re worried about the points on your record… if not, just pay the fine because the courts are hell bent on collecting the money anyway. (it was important to my kids because if you’re under 18 they double the points attached to the violation)

7

It depends.

First, how did the trooper determine your speed? Radar? Pacing? By air? (sometimes planes fly overhead and clock you, then report back to the trooper.) Once you find out his method, you can build your defense around it, should you decide to fight it.

Next, look up the vehicle code you were allegedly in violation of (in your state’s vehicle code book). The code should be written on your ticket. Some vehicle codes have multiple sections, and your violation must meet each section. If even one is disqualified, you are not guilty of it.

Also, you said the court is about an hour away? Well, keep in mind that the officer also has to drive this distance. True, it’ll be in a company car, and he’ll be getting payed for it, but nonetheless, it’s still quite a ways. If you are the only case, he may just forgo it.

Going back to the determination of speed, if it was by radar, there are a couple of things you can do.

In order to use radar in court, the unit itself must be calibrated and the officer must have been trained on it and certified. You can subpoena these things from the court (give at least 2 weeks notice before your trial date). The only drawback is you probably won’t get to inspect them until the day of.

But, what you’re trying to accomplish here is to get your case dismissed. See, if the court is not able to provide these items (calibration & maintenance records, officer’s certification, and agency’s FCC license), the more likely your case will be dismissed. You have to remember, you are innocent, until proven guilty.

So the cop has the burden of proof. He’s the one who has to do all the explaining. If the court is not able to furnish these items, that just bolsters your cross-examination of him. (i.e. How can we be sure you’re actually certified to use radar? How can we be sure your radar unit was calibrated?)

Of course, if you don’t know how he determined your speed, you really don’t have a case, other than showing up, and hoping he doesn’t show. Yes, your case will be dismissed if he doesn’t show.

8

I’ve never gone to court but I know people who have in NY/NJ. They got a reduced fine and no points so their insurance didn’t go up.

9

It seems different jurisdictions will handle the court cases differently. So talk to those who’ve been there and see what the practice is.

I know in SC asking to subpoena the radar is not a good idea. The State will state that they calibrated the radar every morning and the officer was trained to use it. Since the radar is being used every day, your motion to subpoena it will be denied. Moreover, the court is not likely to look favorably upon your case with that maneuver.

Be assured, the State has run into any of the above noted objections before. I don’t believe that if the citation refers to the general section but not the specific one, your case will be dismissed. In the first place, the State can always amend the citation and continue the case. In the second place, altho you weren’t guilty of some of the charges, you were guilty of one.

I think in these cases, as in most instances, honesty is the best policy.

10

If you make yourself a pain in the ass, you’re much more likely to get screwed than if you simply say to the judge “I did it, I wasn’t paying attention, I’ll be more careful, sir.” Ask for the calibration records of the radar, and you’re done for.

11

Thanks, everyone, for your replies. According to their Chamber of Commerce, Fayette County has a population of 28,000. I had to do some digging to figure out that the county seat was Somerville. Knowing rural Tennessee like I do (which is to say, all too well), I would be afforded no mercy were I to show up for court. I’m sure a significant percentage of the county’s income is traffic violations from I-40. So I guess I’m going to just pay up and hope for the best. Thanks to all who contributed.

12

I work for a Sheriff’s Office and I would recommend going to court. I our jurisdiction if you go to court and ask for driving school you will usually get it. Just plead guilty and ask for driving school. It will stay off your record and keep your insurance rates reasonable. DON’T make yourself a pain by arguing the case, that will almost certainly backfire. Someone suggested that you subpeona that records for radar calibration, you have every right to do so, but I doubt that will help you. Our department is VERY small, 15 officers total, and every radar unit is calibrated TWICE a shift, once at the beginning and once at the end. They are taken to the state lab for calibration every month, and the cars themselves are calibrated monthly. I don’t think that will help your case. Stick to the fact that you do not have a history of speeding violations and you will be fine.

13

Hey, what are you searching? for cause I have seen lots of posts about speeding tickets before.

Just get a book "Beat That Ticket’ From Amazon.com or somthing from nolo.com (nolo press) for your state. Great book to read. There is probaly tons of info on the web if you search for ‘how to beat a speeding ticket’…