**I am not a lawyer and this is not legal advice. Purely based on personal observations and experience. Do whatever the f@ck you wanna do.** Well, I'll agree with you
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10-30-2016, 11:22 AM | #31 (permalink) |
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**I am not a lawyer and this is not legal advice. Purely based on personal observations and experience. Do whatever the f@ck you wanna do.**
Well, I'll agree with you that 9mph over on the 408 is sketchy. I qualify that with the fact that the 408 East and West from Mercy drive to the Goldenrod exit , 417 from Lee Vista to the Lake Nona exit and 528 from Tradeport to 417 were all my hunting grounds. (I worked traffic for 8 years up till relatively recently and I still run laser for something to do but I resist writing tickets at all cost due to impending retirement ) All that said , our state statute allows for 6mph over the posted limit with a max penalty of a verbal warning. Most traffic guys I know including myself will allow for 10-15mph over the posted limit depending on conditions and flow characteristics. In some cases like South Access Road on the back side of the airport I did'nt consider it "Sporting" to write anything under 30mph over ( You have to see this road to understand because the limit is 35mph and it looks like the Autobahn. ) If you were cited for 9 over what were your circumstances? I mean what exactly happened from the time the officer made contact to the time you realized you were actually getting a ticket? I say that because you could've earned a "Contempt of cop" ticket if he thought you were being a "D" bag. Or if you were rolling with the LaFiebre crew and people were calling in saying a bunch of ricers were buzzing them on the 408. In that case you just paid a time and place tax. If the stop went neutral to cool. ( You did'nt act like an ***. ) You don't need a lawyer. Just contest the citation and wait for your date. When the date comes show up in court. If you recognize the officer that wrote you ask him if you can speak to him outside the courtroom. (Or if he shows up when you're waiting outside grab him then.) Ask him if he's cool with you pleading no contest and asking for a withold. 99.9% of the time he'll agree with this ( I can only think of two people who would say no and if the guy that wrote you was'nt on a motorcycle then you're good. ) Then when you approach the judge is going to ask you how you plea. You're gonna say "I've spoken with the officer and I would like to plead no contest and ask for witheld adjudication." Then the judge is going to look at the officer and ask him if he's ok with it and he's going to agree. Bam bam court costs, cost of the citation and no points. ( Depending on your record. ) This is exactly what happens when you pay for a traffic lawyer except you don't request the withold , your lawyer does. Or.............You could just spring the request for the withold on the officer while giving testimony. Here's the problem with that. I used to get people for 20mph-30mph over all the time. In an attempt to be nice I'd write the citation for 9mph over instead of what they were really doing. However, I'd write in my comments box ( I keep a laser/radar log for every contact I make. Even the ones I let go. ) Citation written for 9mh over **Actual** 20mph over. When those people came to court to contest the citation for the lesser infraction I'd wait for them to enter the plea and then "Ammend" the citation to the actual. So say sometimes I'd say to a guy " Hey you were 15mph over the limit but I'll write you a seatbelt violation. No points and 114.00 instead of 200+ and 3 points." (This actually happened. ) Guy shows up and pleads not guilty because he was wearing his seatbelt, I ammended to speed and he was'nt ready. Adjudicated guilty assesed points, cost and court cost. This would be bad. So assuming you're telling the full story on the speed and you were cool during the stop you're ok to ask for a withold. If it was'nt all warm and fuzzy then you need an intermediary read: traffic lawyer. They all have a relationship with all the officers that regularly write in their area. Some of them are good and some adversarial. I'd say the one I get along with the most is Alan Rivas , you can look him up he's good people. (If you have to go that route he's good with most of us in this area.) We all speed, there's just a question of when and where to do it. But there are also people out there that'll write you under the traffic control device statute for going 2mph over the posted limit. I can't say why they do it but I'll say that we all have people like that in some facet of our lives. If you have 10 friends there's one you're sketchy about going out drinking with. He's that guy. |
10-30-2016, 12:40 PM | #32 (permalink) | |
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