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Talk down Speeding Ticket into Equipment Violation

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Adam J Mitchell, Jun 16, 2019.

  1. Adam J Mitchell

    Adam J Mitchell Law Topic Starter New Member

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    Jurisdiction:
    Colorado
    In April, I got a speeding ticket on the 82 highway in Aspen. I dont want this tircket on my record as I do drive for Uber and Lyft sometimes and I dont want insurance rates to rise. I have no points on my license and this would make it 6 out of ten. I have beat a U-Turn ticket before in California by showing up to court and the officer didnt. I was planning to do the same here, but there's a few tie-ups.

    Ive now moved to Wyoming. I went to the courthouse in the beginning of June before I moved, and the clerk told me in order to plead and get it talked down to an equipment violation I would have to see a judge, their DA doesnt handly any traffic matters.

    By June 18 I will have to plead non guilty by phone in order to do this, and will get a hearing by phone since Ive moved. I was issued the ticket by a Colorado State Trooper, and I from what I hear about them, the small courthouse, and the phone heearing, high chance he will appear-or am I wrong?

    Essentially, I guess what Im asking is if I have the Trooper and the Judge on the line, what can I say to try and plead this down into an equipment violation or something that wont go on my driving record/insurance as speeding and affect it?

    I dont want to put my foot in my mouth....
     
  2. army judge

    army judge Super Moderator

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    People do not TALK themselves out of traffic citations.
     
  3. mightymoose

    mightymoose Moderator

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    In my experience it is very unusual for a state police officer to fail to show. That typically occurs with smaller departments.

    Unless you can offer some details as to why the officer is wrong don't expect much to change.

    Your best bet here, if you have a clean record, is to seek traffic school if it is an option. Ask the court about it. Typically you pay the fine, attend traffic school in person or online, and upon completion the citation is withheld from your driving record. You can only do this once every few years. You might even get an insurance reduction for attending the course.

    Don't try and talk yourself out of a citation. You will likely offend someone. Ask what you can do to preserve your exemplary driving record for the same of your occupation.
     
  4. cbg

    cbg Super Moderator

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    So, WERE you going 82?
     
  5. justblue

    justblue Well-Known Member

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    I think s/he was referring to where s/he got the ticket. Highway 82.
     
  6. justblue

    justblue Well-Known Member

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    Yup! There is a highway 82 near Aspin. :)
     
  7. Adam J Mitchell

    Adam J Mitchell Law Topic Starter New Member

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    I have heard and read about separate situations with lawyers talking down speeding tickets to equipment violations, and thought this was my best shot.

    I was driving on highway 82- "the 82" is my California speak. From talking to locals, I got caught in a typical speed trap, speed limit 55 when the limkt should be more like 65. Trooper caught me at 76 in a 55, but as soon as I saw him in pulled behind the car on my right who had been going 64 when he passed the trooper, and he waited a solid 30 to 60 seconds before he pulled me over.

    I am aware of that traffic school is an option in the way descrobed in California, and I do have a clean driving record. The clerk did not mention this option but she was also part time and may have understood I was only interested in changing the infraction itself.

    I framed the question to her as mightymoose suggested, I didn't want this on my record because of raised insurance premiums and that it could affect my driving status with Uber and Lyft. Everyone I talked to seemed to think the points given were rather high.

    Does it seem like I need to ask the clerk again or am I going to have to ask this at the hearing?
     
  8. army judge

    army judge Super Moderator

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    • Taking Defensive Driving in Colorado
      In Colorado, you have the option of completing a traffic school/defensive driving course online or in the classroom.

      Usually, you will get to decide whether you will take a classroom or online defensive driving course. However, your specific circumstances may call for a certain course.

      You may be able to complete a defensive driving course to:

      Dismiss your traffic ticket with the Colorado court.
      Avoid points being added to your driving record.
      Remove existing points from your driving record.
      Avoid increased car insurance rates.
      Earn a safe driving discount on your car insurance.



      You can read all about traffic school in CO here:

      Colorado Traffic School 101 | DMV.com


      Good luck, citizen.
     
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  9. adjusterjack

    adjusterjack Super Moderator

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    You should think about that stuff before you put the pedal to the metal. After you get caught barreling down the highway is too late.

    You either plead guilty and take your lumps or you plead not guilty and raise appropriate defenses.

    If you are afraid of saying the wrong thing (guaranteed that you will) hire a lawyer. You'll pay him $1000 to $2000 and he'll know how to get the charges reduced, you don't.

    If you want to know if you can take traffic school, call up and ask "Can I take traffic school and get this dismissed?" No need to dance around it.
     
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  10. cbg

    cbg Super Moderator

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    I have heard and read about separate situations with lawyers talking down speeding tickets to equipment violations, and thought this was my best shot.

    Yeah, that's LAWYERS doing it. Not pro se defendants who are less motivated to stay within the speed limits than they are to trying to talk themselves out of any consequences for their actions...
     
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  11. mightymoose

    mightymoose Moderator

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    It is possible traffic school may not be an immediate option and an appearance in court is required because you are cited more than 20 mph over the limit. I believe that is the rule here in CA and may be the same there.
    You may be able to appear in court and persuade the judge to allow traffic school since you have a clear record, but the appearance is probably required. You still pay all the fines and cost of school but nothing goes on your record.
     
  12. Adam J Mitchell

    Adam J Mitchell Law Topic Starter New Member

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    Thank you mightymoose, I think this may be my situation. This falls in line with the advice I was asking for as to how to present myself during the hearing. I plan to apologize and thank the trooper and judge both for taking their time over something as simple as a traffic ticket. I certainly don't want to offend either of them, I don't mind being penalized for my actions- I am just working damage control for my future higher insurance premiums, which IMHO is not justifiable that I need to pay for over time because I need to "own up to the consequences of my actions"

    As far as the comments about lawyers talking down things and I wouldn't be able to do it- I recognize that, and it's why I came here for legal advice and not mildly condecescending remarks. The matter seemed simple enough with the proper advice and guidance I could have done it myself- soni came here forfadvice to find out. Also, for talked down traffic tickets, I also read about 300 dollar retainers for lawyers- not 1000 or 2000

    As far as " I should have thought about this before speeding" like I said, the guy to my right was going a solid 65 mph in the 55 zone. I moved to the rockies in the winter and never drove above speed limit for safety reasons. As soon as it got warm, the troopers came out .Since that encounter, Id go 58mph tops in that section of the highway and EVERYONE passes me going 60 something and many above 70. Many also get caught.

    There are many sections of highway 82 out of Aspen marked 65 to 70 in sections of the road that are less safe than where I was driving. Also, I'm from LA, where 80mph is the standard and I have never seen a cop pull over someone for speeding on the 10 or 405 freeways. The cops usually average 80 to 90 in car pool Lanes on freeways there.

    I recognize it is my responsibility to pay attention to my driving and speed on the road regardless of this- however the factors I have mentioned should prove why people get speeding citations like this in the first place who are not being reckless, and why options like traffic school for them even exist.
     
    Last edited: Jun 16, 2019
  13. justblue

    justblue Well-Known Member

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    Like the advice you received, the mild condescension is free as well. You're Welcome. :cool:
     
    Last edited: Jun 16, 2019
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  14. Adam J Mitchell

    Adam J Mitchell Law Topic Starter New Member

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    Lol, the advice is greatly appreciated believe me
     
  15. justblue

    justblue Well-Known Member

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    :)

    Happy Fathers day Adam...If not applicable to you...pass it along to a Dad you love. ;)
     
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