65 in a 45

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lokifluff

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I am 25 years old and have not had a speeding ticket or any other traffic violations in four years. In this four years, I have driven over 120,000 miles -I am a paralegal/courier on top of being a full-time student. I recently found out (last week) that I have severe dysplasia (one stage away from cervical cancer) which is a huge shock considering my age. Since my diagnosis, all I can think about is what is going to happen... I have to have surgery in a couple weeks; will I have to have more than one surgery; will my biopsy show that I do, in fact, have invasive cancer; and especially the worry of how all this will affect my ability to have children -something that is EXTREMELY important to me. This news has caused me to be quite distracted in every area of my life. You can see from my transcripts that I am an excellent student, however, after my diagnosis, you can see that my grades suffered.
The day I got the ticket, Thursday July 5, I was caught up in all my negative thinking and simply was not paying attention when I was driving 65mph in a 45 zone. I am an intelligent person and with the costs of nursing school (starting in August) and the costs I will incur due to my medical condition looming in the near future, it would be extremely stupid of me to get a ticket. It is completely absurd to drive 20 miles over the posted speed limit. I just spaced out for a few minutes. It was a completely honest, although huge, mistake.
With that said, considering the amount of miles driven, the four years since my last ticket, my financial situation and my medical condition, what should I do? Should I hire an attorney or go and talk to the DA myself, explaining my extenuating circumstances? Will the DA be empathetic or will my infraction be too serious to overlook? Will they reduce it and can I get a PJC?
I appreciate any advice very, very much.
 
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Let's cut to the chase. The prosecutor and judge have heard those stories thousands of times.

So beg and plead and cry for a non-moving violation. It will save you time and money in the long-run.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
Depending on the state you live in, you might be eligible for traffic school to keep this off your record. However, you will likely have to pay the fines ... but, at least you won't have the jacked up insurance to worry about!

- Carl
 
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