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Wlogan31

Wlogan31

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First off, I just wanted to say Hi to everyone here at this wonderful community. I've been gone for about 2 months now (I used to visit hourly) because of my new fun internship in public accounting. Hope you guys can forgive me for not being around and are willing to help (which CAGers always seem to be).

Anyone got any ideas or can tell me how this will probably play out / what I should do?

Scenario:

After work on Monday, I drove to my parents' house (about 35 min from me) to pick up some mail and random bills that still go there instead of to my apartment. On the way home I was pulled over going 81. Little did I realize that the speed limit had just switched from 65 to 55 where the cop was sitting. This now put me over the 25+ over rule (in KY that isn't good). That gave me a mandatory court date (no fine listed on the ticket). The law here says 25+ over means you lose your license for a year and get up to a $1000 fine. I'm just wondering what the odds are of this actually happening. To make matters worse, a little over a year and a half ago, I had a ticket (my only one to this point) where I was 23 over (again speed limit going from 65 to 55). I literally can not afford to not have a license (have to work to make money for school etc).

Anyone know what I should do (hire lawyer etc) and what the real outcome of this situation will most likely be?

Thanks for everything...

-will
 
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I wouldn't hire a lawyer. I'd show up for court and talk to the prosecutor - he will plea bargain you down to probably a fine (or probation if they have that in KY) in exchange for your guilty plea. It shouldn't be a big deal.
 
Agreed.

The prosecutor was once a college student too. Approach from that angle.

"Oh man! I don't know how I can make tuition if I have to pay a $1000 fine!"

"I'll never get rides to class if my license is suspended!"

It worked for me once.
 
Yeah, there's speeding becasue of:
a) you're on the run
b) you drive with a lead-foot
C) it was an honest mistake

Present your case as Javeryh said, and you should be honky-dory. I"m sure if it weren't for the laws of the state, the cop would have let it slide, had you presented the argument to him properly. I mean, hell, there's one area of this city (BTW, FL, from what I've heard, is the same on the 25+) that's flagged 35. It's a four lane, non-populated area. Seriously, in my opinion, it's a tourist trap to make them suck in the sights. Anyway, within the fist month I lived here I got busted at 63, thinking it was 55. Well, I explained very nicely the situation and that I was unfamiliar of the area or where the sign was posted, and I got a verbal.

Good luck!
-K
 
Hire a lawyer.
If he can help you keep your license it will be money well spent.
Obviously the prior isn't going to help your case either, another reason to get an attorney.
 
After reading some of the -- explain yourself/ no lawyer posts: I have a question, are you people serious?
Never leave yourself at the mercy of the court, or the prosecution.

edit **
Is the licensce loss mandatory?
 
[quote name='priest_ridden']After reading some of the -- explain yourself/ no lawyer posts: I have a question, are you people serious?
Never leave yourself at the mercy of the court, or the prosecution.[/quote]

Do you understand how it works? You show up for court and meet with the prosecutor before going into the courtroom. If he doesn't want to accept a plea bargain (extremely unlikely) you can go in and plead innocent and the judge will set another date when you have to show up to defend yourself. That would be the time to hire a lawyer.
 
[quote name='javeryh'][quote name='priest_ridden']After reading some of the -- explain yourself/ no lawyer posts: I have a question, are you people serious?
Never leave yourself at the mercy of the court, or the prosecution.[/quote]

Do you understand how it works? You show up for court and meet with the prosecutor before going into the courtroom. If he doesn't want to accept a plea bargain (extremely unlikely) you can go in and plead innocent and the judge will set another date when you have to show up to defend yourself. That would be the time to hire a lawyer.[/quote]

I didn't know that was how it worked...so I don't need a lawyer til after the first time and if I don't get a deal before going in I should just plead innocent?
 
You should have your speedometer "checked" by a mechanic. If they can give you documentation that it was off (doesn't matter by how much). You can claim faulty equipment. I defintely think you should have a lawyer though.
 
[quote name='Wlogan31'][quote name='javeryh'][quote name='priest_ridden']After reading some of the -- explain yourself/ no lawyer posts: I have a question, are you people serious?
Never leave yourself at the mercy of the court, or the prosecution.[/quote]

Do you understand how it works? You show up for court and meet with the prosecutor before going into the courtroom. If he doesn't want to accept a plea bargain (extremely unlikely) you can go in and plead innocent and the judge will set another date when you have to show up to defend yourself. That would be the time to hire a lawyer.[/quote]

I didn't know that was how it worked...so I don't need a lawyer til after the first time and if I don't get a deal before going in I should just plead innocent?[/quote]

That's how it works in NJ - I don't know about KY. I had to take a pro bono case (ugh) and represent some guy who was harassing his ex-wife. We went to the courthouse twice - once to hear the prosecutor's plea bargain (which my defendant said he would "think about") and then 2 weeks later for him to appear before the judge and accept the plea offer ($500 fine and no probation).

I'm not going to tell you what you should or shouldn't do but at least what I would do if I were you (to get some real advice) is call the county courthouse. Ask to speak with a law clerk (these are lawyers fresh out of law school) who works for a traffic judge. He or she will be able to tell you definitively how the system works. It can't hurt to try - it's better than taking advice from a message board on the internet.
 
[quote name='javeryh'][quote name='Wlogan31'][quote name='javeryh'][quote name='priest_ridden']After reading some of the -- explain yourself/ no lawyer posts: I have a question, are you people serious?
Never leave yourself at the mercy of the court, or the prosecution.[/quote]

Do you understand how it works? You show up for court and meet with the prosecutor before going into the courtroom. If he doesn't want to accept a plea bargain (extremely unlikely) you can go in and plead innocent and the judge will set another date when you have to show up to defend yourself. That would be the time to hire a lawyer.[/quote]

I didn't know that was how it worked...so I don't need a lawyer til after the first time and if I don't get a deal before going in I should just plead innocent?[/quote]

But not nearly as fun... :)

You're a lawyer eh? I'll probably take your advice then lol

That's how it works in NJ - I don't know about KY. I had to take a pro bono case (ugh) and represent some guy who was harassing his ex-wife. We went to the courthouse twice - once to hear the prosecutor's plea bargain (which my defendant said he would "think about") and then 2 weeks later for him to appear before the judge and accept the plea offer ($500 fine and no probation).

I'm not going to tell you what you should or shouldn't do but at least what I would do if I were you (to get some real advice) is call the county courthouse. Ask to speak with a law clerk (these are lawyers fresh out of law school) who works for a traffic judge. He or she will be able to tell you definitively how the system works. It can't hurt to try - it's better than taking advice from a message board on the internet.[/quote]
 
[quote name='Wlogan31']You're a lawyer eh? I'll probably take your advice then lol[/quote]

Nothing stated herein should be construed as legal advice. I've only been to court the one time - I'm a corporate lawyer which means I never go to court and I sit at my desk all day pushing paper for The Man. Just call the court house and see what they say...
 
[quote name='Wlogan31']After work on Monday, I drove to my parents' house (about 35 min from me) to pick up some mail and random bills that still go there instead of to my apartment. On the way home I was pulled over going 81. Little did I realize that the speed limit had just switched from 65 to 55 where the cop was sitting. This now put me over the 25+ over rule (in KY that isn't good).[/quote]

Dude, I live near Ohio and I know that Shelbyville is a speed trap (we are talking about I-75, right?) You can fly from Cincinnati to Lexington in under an hour, but you only need to be careful around Shelbyville. You should have known better.

myke.
...changing the speed limit can throw you off; I'd bring that up in court (though, to be sure, the law didn't make you drive 81mph - you did).
 
I do not live in Kentucky but you should not lose your license for speeding. We have a points system in Indiana. Over 25 gives you 4 points I believe. Maybe 6. Anyway you have to have over 12 points to lose your license.

Our state does not want you to lose your license so they offer you the option of plead guilty and pay a larger fine and if you do not get another ticket in a year the first one goes off your record and is never reported to your insurance.

The second option (ie you are on your second ticket in a year) is to take defensive drive to subtract points.

I would guess you will not lose your license just a fine and a lawyer will be a waste of money. However every state is different. There is no universal standard in this country for licenses. With that being said get an Indiana license . :)
 
Not to be a prick...


Why don't you just take what's owed you? It is not the responsibility of the state to inform you when a new speed limit is posted. It is the responsibility of the driver to know what the speed limit is. This is why they have signs posting the speed limit. If there was no sign, you might have an argument. If there was a sign (I'm assuming there was), then you deserve any punishment that they hand down.

I also highly doubt that there will be a "prosecutor" in the court room. It will probably be in a faux court room, with about 50 other offenders. They'll call names and then you step forward. The judge will ask how you want to plea. If you plead not guilty, they'll set a court date. If you plead guilty, they may ask a few more questions, then they'll sentence you. Pretty cut and dry if you ask me. You were speeding, you didn't steal or murder. The state isn't going to spend the money on a prosecutor for a traffic violation.

My uncle is the Captain of the Moore, Oklahoma police department. I've been to plenty of "hearings". They're all the same.


Ok, now that that's over...

If you can find a loophole, use it. Otherwise, learn the bus routes.
 
[quote name='Derwood43']Not to be a prick...


Why don't you just take what's owed you? It is not the responsibility of the state to inform you when a new speed limit is posted. It is the responsibility of the driver to know what the speed limit is. This is why they have signs posting the speed limit. If there was no sign, you might have an argument. If there was a sign (I'm assuming there was), then you deserve any punishment that they hand down.

I also highly doubt that there will be a "prosecutor" in the court room. It will probably be in a faux court room, with about 50 other offenders. They'll call names and then you step forward. The judge will ask how you want to plea. If you plead not guilty, they'll set a court date. If you plead guilty, they may ask a few more questions, then they'll sentence you. Pretty cut and dry if you ask me. You were speeding, you didn't steal or murder. The state isn't going to spend the money on a prosecutor for a traffic violation.

My uncle is the Captain of the Moore, Oklahoma police department. I've been to plenty of "hearings". They're all the same.


Ok, now that that's over...

If you can find a loophole, use it. Otherwise, learn the bus routes.[/quote]

Well...u are a prick - I never claimed to not be doing something wrong. And I wasn't saying the speed limit changed as an excuse - I was detailing where I was on the interstate (when the limit drops 10 mph) and how that affected the outcome of my "ticket". I take full responsibility for my actions, however, I still would like to find the option that leaves me in the best position (is it so wrong?).


And Indiana...this was actually on I-64 coming back from Shelbyville towards Louisville...but its the same idea...
 
You will end up paying for a resticted license. Which only allows you to drive to and from school and or work.
There is no excuse there is no nice guy there is only guilt and pain and suffering.
Suck it up.
may the force be with you...
 
When I went to traffic "court" after getting busted for speeding in Tennessee, the judge started the day by telling everyone that if they pleaded guilty, it was a $70 fine and nothing on your record. You will most likely get some kind of deal like that.
 
Don't get a lawyer until absolutely necessary like others suggested eariler. Even then I doubt it will do you much good for two reasons: 1) You knew that going that fast was speeding regardless if it was 65 or 55. 2) The fact that you didn't know it was 55 is useless, general ignorance about a law is not a reasonable defense in court.

There are probably more options on this if you look up your state's traffic law more carefully and this apparently being your first offense over 25 you can probably plea to court or prosecution and maybe not lose your license. Like Indiana said most states seem to often have ways to keep that from being the punishment at least on the 1st offense.
 
[quote name='Wlogan31'][quote name='Derwood43']Not to be a prick...


Why don't you just take what's owed you? It is not the responsibility of the state to inform you when a new speed limit is posted. It is the responsibility of the driver to know what the speed limit is. This is why they have signs posting the speed limit. If there was no sign, you might have an argument. If there was a sign (I'm assuming there was), then you deserve any punishment that they hand down.

I also highly doubt that there will be a "prosecutor" in the court room. It will probably be in a faux court room, with about 50 other offenders. They'll call names and then you step forward. The judge will ask how you want to plea. If you plead not guilty, they'll set a court date. If you plead guilty, they may ask a few more questions, then they'll sentence you. Pretty cut and dry if you ask me. You were speeding, you didn't steal or murder. The state isn't going to spend the money on a prosecutor for a traffic violation.

My uncle is the Captain of the Moore, Oklahoma police department. I've been to plenty of "hearings". They're all the same.


Ok, now that that's over...

If you can find a loophole, use it. Otherwise, learn the bus routes.[/quote]

Well...u are a prick - I never claimed to not be doing something wrong. And I wasn't saying the speed limit changed as an excuse - I was detailing where I was on the interstate (when the limit drops 10 mph) and how that affected the outcome of my "ticket". I take full responsibility for my actions, however, I still would like to find the option that leaves me in the best position (is it so wrong?).


And Indiana...this was actually on I-64 coming back from Shelbyville towards Louisville...but its the same idea...[/quote]

I'm a prick because I didn't tell you what you wanted to hear. :?
I made no claim of innocence or guilt. I simply stated to take what's owed you. If the state is at fault, no punishment. If you are at fault, punishment.

I was also just trying to clarify how the courtroom situation would go.

I'll repeat the last part of my statement again.
"If you can find a loophole, use it."

Good luck. And next time, please learn someone's intentions before resorting to name-calling. Take it with a grain of salt.
 
[quote name='Derwood43'][quote name='Wlogan31'][quote name='Derwood43']Not to be a prick...


Why don't you just take what's owed you? It is not the responsibility of the state to inform you when a new speed limit is posted. It is the responsibility of the driver to know what the speed limit is. This is why they have signs posting the speed limit. If there was no sign, you might have an argument. If there was a sign (I'm assuming there was), then you deserve any punishment that they hand down.

I also highly doubt that there will be a "prosecutor" in the court room. It will probably be in a faux court room, with about 50 other offenders. They'll call names and then you step forward. The judge will ask how you want to plea. If you plead not guilty, they'll set a court date. If you plead guilty, they may ask a few more questions, then they'll sentence you. Pretty cut and dry if you ask me. You were speeding, you didn't steal or murder. The state isn't going to spend the money on a prosecutor for a traffic violation.

My uncle is the Captain of the Moore, Oklahoma police department. I've been to plenty of "hearings". They're all the same.


Ok, now that that's over...

If you can find a loophole, use it. Otherwise, learn the bus routes.[/quote]

Well...u are a prick - I never claimed to not be doing something wrong. And I wasn't saying the speed limit changed as an excuse - I was detailing where I was on the interstate (when the limit drops 10 mph) and how that affected the outcome of my "ticket". I take full responsibility for my actions, however, I still would like to find the option that leaves me in the best position (is it so wrong?).


And Indiana...this was actually on I-64 coming back from Shelbyville towards Louisville...but its the same idea...[/quote]

I'm a prick because I didn't tell you what you wanted to hear. :?
I made no claim of innocence or guilt. I simply stated to take what's owed you. If the state is at fault, no punishment. If you are at fault, punishment.

I was also just trying to clarify how the courtroom situation would go.

I'll repeat the last part of my statement again.
"If you can find a loophole, use it."

Good luck. And next time, please learn someone's intentions before resorting to name-calling. Take it with a grain of salt.[/quote]

I agree with him, you consider him a prick because he didn't tell you it will be ok, no harm done, yadda yadda.

As someone who does drive the speed limit, you were going 81 in a 65 before it changed? Is that correct? You do admit your guilt, I'm not saying you aren't.
I'm just personally sick of seeing the people who about crap their pants to get around those of us who drive the speed limit (not in the fast lane), then almost cause a wreck suddenly dropping 20 MPH BELOW the speed limit if they see a cop on the other side of the interstate. If you feel the speed limit is too slow, please keep that same belief when you see a cop.
I simply enjoy seeing those pulled over.

Sorry, didn't mean to get off topic, and back off topic, I hope you don't lose your license. Good luck.
 
[quote name='"Derwood43"'][quote name='"Wlogan31"'][quote name='Derwood43']Not to be a prick...


I'm a prick because I didn't tell you what you wanted to hear. :?
I made no claim of innocence or guilt. I simply stated to take what's owed you. If the state is at fault, no punishment. If you are at fault, punishment.

I was also just trying to clarify how the courtroom situation would go.

I'll repeat the last part of my statement again.
"If you can find a loophole, use it."

Good luck. And next time, please learn someone's intentions before resorting to name-calling. Take it with a grain of salt.[/quote]

To be fair, Derwood, you only set yourself up by starting the entry with a possible self-depreciating sentence, which meant you knew you were going to say something someone wasn't going to like to hear. The final sentence isn't going to make up for that. It was still good advice, however.
Maybe next time just start it with "Maybe you don't want to hear this, but..." and save yourself any possible invitation for the namecalling.

Ultimately, Logan, do your homework on the local and state laws on speeding- call the courthouse like someone suggested, and do some research online with your state websites, hit the law books at your local library. :wave:
 
Having worked in the ER my intern year and seeing a fair number of traffic accidents, there is no reason to be driving so excessively fast. This time you were caught speeding, but count your blessings that you didn't kill anyone or yourself.
 
Isn't the court supposed to provide an attorney? The guy might be a bad lawyer, but he can help get a deal done so that you won't get your liscense taken away, but you'll probably have to pay a fine and do community service.

And for future reference, don't drive so fast...
 
i'm not sure about where you live, but a lot of communities have a lil setup where on, for instance, a saturday a bunch of lawyers meet in a designated area and they offer free legal advice. you might try to find out if there's something like this in your area; could be beneficial.
 
Hire a lawyer....I got screwed for failing to come to a complete stop at a stop sign...basically a rolling stop.

For something this severe, I would get a lawyer.

You can also make sure the speed-gun was calibrated right..blah blah blah.
 
[quote name='beerguy961']Isn't the court supposed to provide an attorney? The guy might be a bad lawyer, but he can help get a deal done so that you won't get your liscense taken away, but you'll probably have to pay a fine and do community service.[/quote]

The state only has to provide counsel if you can't afford it and if the penalty is jail time (or a potential violation of some fundamental right found in the constitution) otherwise there is no due process violation to find you guilty of something without representation by an attorney. The lawyer at the courthouse works on behalf of the state - they are usually decent guys and see hundereds of cases like this a month. I doubt community service would be involved but a fine is likely.
 
[quote name='"Watchman"'][quote name='"Derwood43"'][quote name='Wlogan31'][quote name='Derwood43']Not to be a prick...


I'm a prick because I didn't tell you what you wanted to hear. :?
I made no claim of innocence or guilt. I simply stated to take what's owed you. If the state is at fault, no punishment. If you are at fault, punishment.

I was also just trying to clarify how the courtroom situation would go.

I'll repeat the last part of my statement again.
"If you can find a loophole, use it."

Good luck. And next time, please learn someone's intentions before resorting to name-calling. Take it with a grain of salt.[/quote]

To be fair, Derwood, you only set yourself up by starting the entry with a possible self-depreciating sentence, which meant you knew you were going to say something someone wasn't going to like to hear. The final sentence isn't going to make up for that. It was still good advice, however.
Maybe next time just start it with "Maybe you don't want to hear this, but..." and save yourself any possible invitation for the namecalling.

Ultimately, Logan, do your homework on the local and state laws on speeding- call the courthouse like someone suggested, and do some research online with your state websites, hit the law books at your local library. :wave:[/quote]


I only meant that I didn't mean to "sound" like one on the internet. There's no way to get my inflection without spoken word. It was meant to soften the blow. I really didn't want to sound like one.
 
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