HELP..fighting a speeding ticket in VT.

[ALDAWG]

Coming home from the long July 4th holiday weekend. I was pulled over on I-91 south, 15 miles from the Mass/Vt. line. He gave me a ticket for 84 mph in a 65 zone. $168.00 fine if I paid the ticket and 2 points, ouch! So naturally I pleaded not-guilty, in hopes of getting some leanency from the court. My appearence date is October 8, 2009 at 10:30 am in Windham Superior court Newfane, Vt. Anybody out there have any experience with this situation, maybe can shed some light on what I might expect to hear or pay.

 

[Ignacio]

If you're going to contest the ticket, unless you're committed to give it 100% and do the homework yourself...go hire a lawyer. I've seen many others be marginally interested, but sorely disappointed in the end.

When you say you plead "not guilty", but then talk about "hopes of getting some leanency"...that tells me you don't really get even the basics of how the system works. If you plead not guilty then you need to demonstrate that you didn't do it. It's only if you are found guilty that you then ask for leniency.

I suggest even more emphatically of getting professional help if you're going to contest it. Tickets and process vary highly from state to state.

Otherwise, if you're willing to do the homework and become educated....start by reading other states here.

 

[Geezer]

I suggest that you call the court clerk for the jurisdiction and simply ask informally what you can expect based on how the judge normally handles similar situations.

 

[bramfrank]

Never had one there, but you can often plead tickets down to non-moving violations if you have no history in the state.

Call the DA and explain that you are a careful driver and that you were simply 'passing', 'rolling down a hill' or other such reason and ask if they would not be willing to let you plead down to a non-moving if you agree to pay the fine for the lesser, no points offense.

Everyone goes away happy (sort of). The state gets their money without the expense of a trial; You get to keep you clean record, even if your wallet will ne somewhat lighter.

Or, you can just ignore the whole thing and just never ride in Vermont ever again . . .

 

[Ignacio]

Or, you can just ignore the whole thing and just never ride in Vermont ever again . . .

That's risky. Vermont is a DLC state. His home state could take his license.

 

[snikr]

Never had one there, but you can often plead tickets down to non-moving violations if you have no history in the state.
Call the DA and explain that you are a careful driver and that you were simply 'passing', 'rolling down a hill' or other such reason and ask if they would not be willing to let you plead down to a non-moving if you agree to pay the fine for the lesser, no points offense.

Everyone goes away happy (sort of). The state gets their money without the expense of a trial; You get to keep you clean record, even if your wallet will ne somewhat lighter.

I'm from Vermont this sounds like the best way out, short of a laywer. Just my $.02

Tom

 

[ALDAWG]

It's been my experience in the past (at least in Ct.) when I've been to court for such infractions, to get a reduced fine, and reduced points. So to Ignacio yes I 'get it'. I thought I was doing "homework" after all I am home and this is not the only place I've come to for advice, and my court date is not for a couple weeks. But it does'nt hurt to ask the community what their experiences have been in that particular area. Professional help is only needed if your facing jail time like with a DUI. Which is NOT my case. Thanks Geezer I will take all advice into consideration as part of my "homework"

 

[ALDAWG]

Never had one there, but you can often plead tickets down to non-moving violations if you have no history in the state.
Call the DA and explain that you are a careful driver and that you were simply 'passing', 'rolling down a hill' or other such reason and ask if they would not be willing to let you plead down to a non-moving if you agree to pay the fine for the lesser, no points offense.

Everyone goes away happy (sort of). The state gets their money without the expense of a trial; You get to keep you clean record, even if your wallet will ne somewhat lighter.

Or, you can just ignore the whole thing and just never ride in Vermont ever again . . .

Yes......This is exactly how it goes here in Ct. I've had many tickets reduced in this manner. I am just hoping it to be similar in Vt. P.S. I like riding in Vt. so ignoring the problem is not a solution for me. It screwed me over in the past in Mass. it eventually caught up to me.. :angry:

 

[Intech]

[That's risky. Vermont is a DLC state. His home state could take his license.

AKA - Reciprocity

 

[charismaticmegafauna]

But it does'nt hurt to ask the community what their experiences have been in that particular area.

You win some ~ you lose some....

DA may want to "chew you up and spit you out"? Arresting officer may not show (unlikely)? Judge may be sympathetic (slow day)? IME, if citation was issued by a State Trooper (Highway Patrol) -- the judge will be pre-disposed to side with him.

I once told the judge that there was a speeding semi behind me and the trooper got his radar reflection. The judge said, "That's your one-and-only 'phantom vehicle' defense in my court -- heaven help you if you're in here again and try to use that."

Many things can happen -- but, you can have your day in court. If you're good and well prepped -- it'll show (and, may help your cause).

I've had speeding fines reduced as a result of my presence and presentation. I've also accepted my fate and paid-up. The best, for me, has been to try (very hard) to settle (talk my way out) at the time of issue -- along the side of the road.

Still..., the other advice given here has been on-target (imo).

 

[rfulcher]

Call the clerk of court or whoever the appropriate person is and ask about possible options.

I live in South Carolina and received a 16 mph over ticket in Cherokee NC. I found that I could have the ticket dismissed if I took a driving class approved by the state, could "pray for judgment suspended", or show in court, plead guilty, and ask for reduced ticket. The driving class seemed to be a bit of a pain and the clerk of court recommended saving the "pray for judgment" for a big ticket as this can only be used once. I elected go to the courthouse and plead guilty while asking for a reduced ticket since I had traveled to NC from SC. The ticket was reduced to 5 mph over, which is a no point ticket.

Court was on Thursday so I stayed in the mountains for the weekend :yahoo:

 

[FJRPierre]

I'm sorry I've never had a ticket so I can't really help you.... though I've always found Vermont a great state to ride in where the people are very aware of riders and the enforcement lenient. If you got a ticket you must have really deserved it!

 

[mdisher]

I suggest that you call the court clerk for the jurisdiction and simply ask informally what you can expect based on how the judge normally handles similar situations.

Uhm, yeah, I took that advice once. Didn't work out well at all.

I called because the cop who wrote the ticket said anything over 15 over was a mandatory court appearance... (FWIW I was going 52 in a 35 on a back country road I've driven for 10 years and never under 50. That's just how traffic rolls there, so this was a new revenue opportunity for them).

I called the clerk, she said, well, yeah, you're supposed to come in, but if you want to pay it out it will be $135.00. She then went on to say, since this is your first ticket in our jurisdiction, if you do come in, you'll likely get a lesser fine. I can't quote you for sure, but the judge generally goes easy on first timers, so I'd think you'd be looking around $50 plus court costs and maybe no points, sometime he does that. In other words, worth it to show up.

So I took 1/2 a day off work, showed up dressed appropriately and waited my turn.

One of the guys in front of me took is 50,000 LB 18 wheeler over a bridge rated for 4 tons, and the judge reduced him to an equipment violation as to not affect is Commercial License Status.

So I *thought*, hell yeah this will be good.

Not so, I plead no contest, agreeing to the facts but not admitting guilt.

Blam $150 fine ($15 more than if I'd paid it out), plus $35 in court costs. = $185 and still got the points. Yipppeeee....

If you're really worried about the points, get a lawyer. They seem to know how to get things reduced, but then the cost ya something. There is no free lunch, points or $$...

Since you were not 20 over 84-65 = 19... Isn't that just 2 points? Or are those 2 points critical to you at this moment in time?

 

[wheatonFJR]

...The ticket was reduced to 5 mph over, which is a no point ticket.Court was on Thursday so I stayed in the mountains for the weekend :yahoo:

That sounds like a win-win situation to me. :clapping:

 

[johnny80s]

When you say you plead "not guilty", but then talk about "hopes of getting some leanency"...that tells me you don't really get even the basics of how the system works. If you plead not guilty then you need to demonstrate that you didn't do it. It's only if you are found guilty that you then ask for leniency. //index.php?showforum=114"]here[/url].

Since you are now taking up the judge's time and the officer's time there will be no leniency. You need to prove you are not guilty, that is it. The time for leniency is when you are pleading.

Good luck. You might just want to go to traffic school.

 

[rbentnail]

Get a lawyer!! The "legal system" equates to the "financial system". You pay the lawyer, the lawyer buys the judge lunch and the cop donuts, you get no points and everybody's happy.

I'm only half kidding. Get a lawyer, chances are you won't even have to show up. As long as you're paying money it's all good.

 

[Patriot]

Here, you talk to the night traffic court DA or city attorney first. With my one ticket per year record in my city driving in the cage(s), he checks the record and so far, he always allows to drop it to "improper equipment" which is non moving and pay the fine for the original offense (for me it's usually $175 - $75 fine plus $100 court costs which takes a page to list out). Double fines for school zones, for example. For a clean record for a lifetime (MIL), they dropped it entirely. For my 70 year old Mother who decided to quit driving after a violation which I testified to while she was in the nursing home, they dropped it. For a very good record, but not spotless, they dropped it to a seatbelt violation, non moving, and $25 fine with no court costs.

I always go to the court date to plead and the DA always makes it easy with their offer. Used to be you only went to court to plead to the original offense, and at the trial, the officer had to show up and the court had to take the time for the trial. Not any more since most all are more worried about the insurance ramifications than the fine itself.

let's ride safe and be careful out there,

Mike in Nawlins'

 

[ALDAWG]

First, I want to say thanks to all that replyed. After a great deal of reading and thought, I have decided to just wing it, and go there with a good attitude and dressed nice. It has worked for me in the past, and should work for me now. I have a great driving record, and I fully cooperated with the Trooper, as a matter of fact I was very nice to him. Which I know plays a big role when it comes to going to court. My biggest concern was the points on my lic. I can't afford to pay for more insurance. I will be keeping my eyes on this thread untill my 'date'.......Oh and in a sick, weird kinda way I'm looking forward to the nice ride up there. I will probably leave around 5 am and meander up the back roads, I just love Rt. 8, 8a, and 100, I've done it many, many times. If anybody wants to join me for the day ride, just P.M. me!!!!

 

[DailyCommuter]

If you have a good driving record, go to your DMV and get a printed copy of it and bring that with you, a trooper from RI who "had" to give me a ticket told me i I had a clean record and brought a copy of it with me, the magestrate would more than likely let me off with a warning. And he did. I was the only one in the courtroom that morning who had a copy o the driving record. The magestrate asked EVERYBODY before me if they had a good driving record, and do you have a copy of it for me to look at. As I saw this over and over before my turn, I knew the trooper really hooked me up with good information beforehand. I'd try it if I were you. Can't hurt.