I have a problem.

[Black Yaris]

contact a lawyer, since a citation was not issued, you may get off scott free

[brendenr89]

i was in a similar situation awhile back, 86 in a 55,lost my liscence for 2 weeks (LUCKY), and a 300 dollar fine. goodluck, be polite in court

[*MAD DOG*]

sabretooth were you in Sydney?????? http://www.news.com.au/story/0,27574...-29277,00.html

[Rich k]

Ok I didn't read the whole thread....having said that my father was on the job as an officer in a bigger nys city for 30 years and i was stupid and drove quick when i was younger. It used to be in ny, and i believe still is in many places, the case that you get to court early seek out the officer that issued the citation and attempt to have a conversation with him regarding the upcoming proceedings. My advice: Do not have an attitude, be nice, be respectfull. This is officer or sir who you are talking to unless its a female officer, in which case its just officer not Maim or miss. Start by admitting it was wrong and you were stupid, its better if you can actually mean this. Apologize, admit that it was reckless and you realize that it was dangerious ane endangered yourself and more importantly other drivers and possibly pedestrians and your sorry, look at the officer while talking when elsyour not looking dejectedly at the floor. If it doesn't appear that he is at all sympathetic your gonna have to ask if maybee somehow he could see his way to helping you out and reducint the ticket some. If its your first offense and your otherwise clean and didn't give him a problem durning the stop or when you were talking with him hopefully he will at least drop the speed to something where you won't loose your licence. Your going to have to eat a HUGE slice of humble pie here. If you were a dick to the officer at the time of the stop, your probably screwed unless you know someone with some juice. Good luck

[Rich k]

Ok now i read it all. Definiately do a lil research and know the law with respect to how far over the limit would result in you loosing your licence. If there is a chance of that happening, your first option is to call the precinct house and ask to speak with the officer, basically the same conversation i mentioned above. Be nice, just by talking with you he is going out of his way and doing you a favour. Likely you will have to leave your number and he might get back to you. This will allow you to take a temperature on how bad it looks with regard to him reducing the charge at trial, if he is allowed to do so by law. If it looks bad or he is legally prohibited from helping you, then get a lawyer. If he can help you and says he will go with that. Stating that you thought the speed limit was a littl higher is fine as long as you do so apoligetacally. Unless you have a lawyer don't think about showing pictures of the speed limit signs in the area, or questioning the radar gun or whatever the officer's method of determing your speed was as that will be taken as very offensive. You can agree or disagree with what i've said with regard to being respectfull, apalogizing, eating humble pie, or about what the officer is likely to take offense to, this is just what i know to be tru. Again, good luck, esp if you do in the future keep the speed to something reasonable. I stopped speeding not because of brushes with the law or an accident, though just because i did realize that at some point something was going to go wrong and i was gonna get killed, or worse yet kill someone else. Anyways that last sentence is my time on the soap box for the night.

[Shroomster]

Originally Posted by camelll

I would fight that for sure, hire an attorney and hope to god the cop does not show up in court (ticket will be dismissed), this is the only way you are gonna get out of that.

If you could show me in the statutes where it says that if the officer does not show up the ticket is dismissed?

that's like saying it could be thrown out if Kyle doesn't show up.


seriously I'm not bashing you I just would like to see where you got this information from...

[Revsson]

Originally Posted by Shroomster

If you could show me in the statutes where it says that if the officer does not show up the ticket is dismissed?

that's like saying it could be thrown out if Kyle doesn't show up.


seriously I'm not bashing you I just would like to see where you got this information from...

That is a good question. I think I read somewhere that many times the
cops come to court on overtime, so there is incentive to show up. If your
cop doesn't show up for court, then there is no one to challenge your claims
or support the police officer's claims. Often times, if both parties don't show
up for court, the judge will side with the one that does show up.
But it would be nice to see that in writing.

[Shroomster]

Originally Posted by camelll

Well we will call this "statute" the constitution of the United States, the sixth amendment in the bill of rights to be exact!

* Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. There it is in writing.

You are innocent until proven guilty and the state has the burden of proof. The defendant or his attorney must be present at a hearing but the officer does not have to be. If the officer does not show up then there will be no proof and he will not be able to confront his accuser this will result in a dismissal of the case. If you do not show up they will issue you a bench warrant for failure to appear. Saying it is like kyle not showing up is not even remotely the same thing.

This is also the problem states ran into with red light camera's and photo speed traps. The state gets around this right by making those offenses civil penalties and not criminal, you do not have this right because it is not a criminal case it is only monetary. That is why there cannot be any points assigned nor can it be submitted to insurance companies. You cannot confront or question your accuser if it is a mechanical device.

If I was the op I would get a free consult or retain a attorney at least this way he will know what he is in for. 25 mph over is considered reckless driving in this state and is automatic revoke of drivers licenses for 1 year. I am not familiar with Florida driving laws but 30+ over the posted limit is not gonna be the same as a seat belt ticket. If your license gets revoked you will have to get SR22 high risk insurance for 1 year (In this state) and the fines are nasty!

Good luck to the op and let us know how it works out.

I have another question for you also. You said they did not issue you a ticket but they gave you a court summons, what is the offense on the summons?

the way I've come to understand it (not sure if it is the same in all counties) but the officer does not need to be present for the hearing, he can try and use that defense but most likely it will be denied as the judge can take the officers report as his side to the case.