Anonymous
05/12/2022 19:48
Subject: Any advice for traffic court for DS-17?
I don’t understand the whole going to court thing. Pay the fine and move on with life.
Anonymous
05/12/2022 14:10
Subject: Any advice for traffic court for DS-17?
Anonymous wrote:I recently had to go to traffic court for the first time ever and I went because the officer was such a huge jerk (and I wasn't arguing or anything with him) and I was hoping he wasn't going to show. He did.
I had to sit through several other cases (about 20) until they got to mine, so I had a chance to observe and get an understanding what to expect. Basically in Alexandria (where I was), it went like this: they hear all the cases for each officer before they move to the next officer. If your officer shows up (and all of them that day did), the officer will bring their reports. When your case is called, the officer goes first and she/he will just read what they wrote: On 1/1/22 at 9am on 123 Park Avenue I saw a red Honda that appeared to be speeding and my radar 123 gun measured its speed as 37 mph in a 25 mph zone. I stopped the said red Honda and issued a citation and summons for going 37 in said 25 mph zone."
Then the defendant will get the chance to speak. He could say: I think the radar gun wasn't calibrated and gave an incorrect reading, I wasn't speeding, my speedometer wasn't working, I didn't know it was a 25mph zone. I watched people use ALL of these defenses, and more (one even brought GPS photos to show where he started his trip, and where he was stopped, and that there were no speed limit signs between pts A and B so he had no knowledge that he was speeding because he hadn't passed a speed limit sign, I thought this one was clever). NONE of them worked, none. The judge found them ALL guilty because none of those excuses could cancel out the police radar report. If the police officer shows up, and reads that their gun worked, and it registered you as speeding, that's enough for the judge to find guilt and there is basically nothing to persuade the judge to counter it. Not that you have a clean record, not that you think the police office was wrong, nothing. You would have to show that the radar gun was faulty and how can you show that? The police had the automatic assumption of having their evidence be acceptable evidence.
What did work was when I saw an uber driving start crying that he couldn't afford to pay the fine or increase on his insurance and that he wouldn't be able to work if he couldn't drive. It seemed very genuine. The judge told him that he could go to driving school, and if he completed the course within x days (I think it's 60), and he came back to court with his certificate, the citation would be dismissed and he wouldn't have any points. The judge had not given any of the other 20 people who pled their case that option, which seemed kind of harsh, but I took that as a sign that it wouldn't matter than the officer was super rude or whatever else I said, that asking for driving school was met best option. So when I was called, I said simply: "Your honor, I don't believe that it was my car the police officer registered as there was another car passing me at the same time and I do feel that it was other car that was speeding; however I ask that I be given the opportunity to go to driving school as I have a clean record." Then the judge said: "Well, if you pled guilty under the condition of completing driving school in x days then your citation will be dismissed and erased from the record."
I think the key here was not to immediately plead guilty or innocent, but to humbly ask to go to driving school. In Virginia you can only go to driving school a certain number of times in a certain number of years, but OP if this is your son's first ticket he's eligible. I did it all online. It's a pain, it's around 6 hours long, but you can stop and start it at will. I got my certificate in the mail, came back to court, and it was erased from the record.
This last paragraph is the best advice I've read yet. I had a speeding ticket recently and went to court to see if I could attend driving school to keep the points off my record. Before court even started, the clerk in charge asked anyone who wanted driving school to come forward and let her know. She reviewed all of my information and told me that the judge would likely recommend driving school based on driving history (no history of tickets and no driving school in the last 3 years). When the judge called my case, I pled guilty with the understanding that if I completed driving school, my ticket would be removed. I had to pay court costs + the cost of online driving school. It wasn't cheaper than paying the fine, but it kept points off my driving record and kept my insurance from increasing.
I'm not sure if the judge will view a teen driver as charitably as a middle aged mom with a clean driving history, but what do you have to lose?
Anonymous
05/12/2022 13:51
Subject: Re:Any advice for traffic court for DS-17?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Former 17 year old here (now a lot older). DS should go in remorseful, and the judge will likely offer that if he takes and completes a defensive driving course, it will be wiped from his record. That's why the officer recommended it -- he knows that will happen.
Don't go in trying to fight the ticket. The judge is going to offer an "out" because of his age.
Added bonus: the course is mostly teenagers so he may find a prom date there.
I’ve been in traffic court before where a kid admitted speeding and the judge said “why are you here?”
In this case OP’s kid can just reply “the officer suggested it, your honor.”
When I was 17 I said my parents insurance will go
Up with points so I’m here to ask you to remove the points.
He said why doing you pay the extra?
I said I’m in college and I live off loans already.
He dropped the points.
Anonymous
05/12/2022 13:42
Subject: Any advice for traffic court for DS-17?
Anonymous wrote:He could argue the radar gun hasn't been calibrated in X number of months and, therefore, not credible.
This is an old trick that I doubt works. They recalibrate the radars often enough that this wouldn’t hold.
Did they catch him on radar? Or was it the officer eyeballing it? And did he admit to speeding?
Anonymous
05/12/2022 13:38
Subject: Re:Any advice for traffic court for DS-17?
I don’t believe an officer said that. They will purposely lower the speed amount hoping you just pay it and do t go to court. So if the ticket was for 41 in a 30 chances are good ge was probably going 50 in a 30. The Officer lowered it to give him a break. If he goes to court he’s going to be found guilty and pay the court costs in addition to the original fine and still get points.
Anonymous
05/12/2022 13:34
Subject: Any advice for traffic court for DS-17?
Anonymous wrote:I recently had to go to traffic court for the first time ever and I went because the officer was such a huge jerk (and I wasn't arguing or anything with him) and I was hoping he wasn't going to show. He did.
I had to sit through several other cases (about 20) until they got to mine, so I had a chance to observe and get an understanding what to expect. Basically in Alexandria (where I was), it went like this: they hear all the cases for each officer before they move to the next officer. If your officer shows up (and all of them that day did), the officer will bring their reports. When your case is called, the officer goes first and she/he will just read what they wrote: On 1/1/22 at 9am on 123 Park Avenue I saw a red Honda that appeared to be speeding and my radar 123 gun measured its speed as 37 mph in a 25 mph zone. I stopped the said red Honda and issued a citation and summons for going 37 in said 25 mph zone."
Then the defendant will get the chance to speak. He could say: I think the radar gun wasn't calibrated and gave an incorrect reading, I wasn't speeding, my speedometer wasn't working, I didn't know it was a 25mph zone. I watched people use ALL of these defenses, and more (one even brought GPS photos to show where he started his trip, and where he was stopped, and that there were no speed limit signs between pts A and B so he had no knowledge that he was speeding because he hadn't passed a speed limit sign, I thought this one was clever). NONE of them worked, none. The judge found them ALL guilty because none of those excuses could cancel out the police radar report. If the police officer shows up, and reads that their gun worked, and it registered you as speeding, that's enough for the judge to find guilt and there is basically nothing to persuade the judge to counter it. Not that you have a clean record, not that you think the police office was wrong, nothing. You would have to show that the radar gun was faulty and how can you show that? The police had the automatic assumption of having their evidence be acceptable evidence.
What did work was when I saw an uber driving start crying that he couldn't afford to pay the fine or increase on his insurance and that he wouldn't be able to work if he couldn't drive. It seemed very genuine. The judge told him that he could go to driving school, and if he completed the course within x days (I think it's 60), and he came back to court with his certificate, the citation would be dismissed and he wouldn't have any points. The judge had not given any of the other 20 people who pled their case that option, which seemed kind of harsh, but I took that as a sign that it wouldn't matter than the officer was super rude or whatever else I said, that asking for driving school was met best option. So when I was called, I said simply: "Your honor, I don't believe that it was my car the police officer registered as there was another car passing me at the same time and I do feel that it was other car that was speeding; however I ask that I be given the opportunity to go to driving school as I have a clean record." Then the judge said: "Well, if you pled guilty under the condition of completing driving school in x days then your citation will be dismissed and erased from the record."
I think the key here was not to immediately plead guilty or innocent, but to humbly ask to go to driving school. In Virginia you can only go to driving school a certain number of times in a certain number of years, but OP if this is your son's first ticket he's eligible. I did it all online. It's a pain, it's around 6 hours long, but you can stop and start it at will. I got my certificate in the mail, came back to court, and it was erased from the record.
This is the most helpful post I’ve ever seen on dcum. Thank you.
Anonymous
05/12/2022 13:30
Subject: Re:Any advice for traffic court for DS-17?
Anonymous wrote:Anonymous wrote:Former 17 year old here (now a lot older). DS should go in remorseful, and the judge will likely offer that if he takes and completes a defensive driving course, it will be wiped from his record. That's why the officer recommended it -- he knows that will happen.
Don't go in trying to fight the ticket. The judge is going to offer an "out" because of his age.
Added bonus: the course is mostly teenagers so he may find a prom date there.
I’ve been in traffic court before where a kid admitted speeding and the judge said “why are you here?”
In this case OP’s kid can just reply “the officer suggested it, your honor.”
Anonymous
05/12/2022 13:27
Subject: Re:Any advice for traffic court for DS-17?
Anonymous wrote:Former 17 year old here (now a lot older). DS should go in remorseful, and the judge will likely offer that if he takes and completes a defensive driving course, it will be wiped from his record. That's why the officer recommended it -- he knows that will happen.
Don't go in trying to fight the ticket. The judge is going to offer an "out" because of his age.
Added bonus: the course is mostly teenagers so he may find a prom date there.
I’ve been in traffic court before where a kid admitted speeding and the judge said “why are you here?”
Anonymous
05/12/2022 13:23
Subject: Re:Any advice for traffic court for DS-17?
Anonymous wrote:Have him complete a driver safety course ahead of time and have proof that he has done so.
Lawyers here who has also recently been to court over speeding. Yes, take the class first. The officer will show up (the dates are scheduled so the officers can have a court day for all their cases.) he should admit the speeding, say he’s sorry, and has learned his lesson. Present the evidence of the class. Address the judge as your honor and stand up while addressing him/her. It will take most of the day, so he can see how it goes for others people. It’s a good learning experience!
Anonymous
05/12/2022 11:57
Subject: Any advice for traffic court for DS-17?
Anonymous wrote:Anonymous wrote:Go to traffic court, especially if it he got it in one of the smaller municipalities in Maryland. A lot of times they don't show up to court.
I never had a case when the officer doesn’t show up and they dismiss the ticket
My husband just went to traffic court in Maryland and the officer didn't show. So it does happen.
Anonymous
05/12/2022 11:31
Subject: Any advice for traffic court for DS-17?
I recently had to go to traffic court for the first time ever and I went because the officer was such a huge jerk (and I wasn't arguing or anything with him) and I was hoping he wasn't going to show. He did.
I had to sit through several other cases (about 20) until they got to mine, so I had a chance to observe and get an understanding what to expect. Basically in Alexandria (where I was), it went like this: they hear all the cases for each officer before they move to the next officer. If your officer shows up (and all of them that day did), the officer will bring their reports. When your case is called, the officer goes first and she/he will just read what they wrote: On 1/1/22 at 9am on 123 Park Avenue I saw a red Honda that appeared to be speeding and my radar 123 gun measured its speed as 37 mph in a 25 mph zone. I stopped the said red Honda and issued a citation and summons for going 37 in said 25 mph zone."
Then the defendant will get the chance to speak. He could say: I think the radar gun wasn't calibrated and gave an incorrect reading, I wasn't speeding, my speedometer wasn't working, I didn't know it was a 25mph zone. I watched people use ALL of these defenses, and more (one even brought GPS photos to show where he started his trip, and where he was stopped, and that there were no speed limit signs between pts A and B so he had no knowledge that he was speeding because he hadn't passed a speed limit sign, I thought this one was clever). NONE of them worked, none. The judge found them ALL guilty because none of those excuses could cancel out the police radar report. If the police officer shows up, and reads that their gun worked, and it registered you as speeding, that's enough for the judge to find guilt and there is basically nothing to persuade the judge to counter it. Not that you have a clean record, not that you think the police office was wrong, nothing. You would have to show that the radar gun was faulty and how can you show that? The police had the automatic assumption of having their evidence be acceptable evidence.
What did work was when I saw an uber driving start crying that he couldn't afford to pay the fine or increase on his insurance and that he wouldn't be able to work if he couldn't drive. It seemed very genuine. The judge told him that he could go to driving school, and if he completed the course within x days (I think it's 60), and he came back to court with his certificate, the citation would be dismissed and he wouldn't have any points. The judge had not given any of the other 20 people who pled their case that option, which seemed kind of harsh, but I took that as a sign that it wouldn't matter than the officer was super rude or whatever else I said, that asking for driving school was met best option. So when I was called, I said simply: "Your honor, I don't believe that it was my car the police officer registered as there was another car passing me at the same time and I do feel that it was other car that was speeding; however I ask that I be given the opportunity to go to driving school as I have a clean record." Then the judge said: "Well, if you pled guilty under the condition of completing driving school in x days then your citation will be dismissed and erased from the record."
I think the key here was not to immediately plead guilty or innocent, but to humbly ask to go to driving school. In Virginia you can only go to driving school a certain number of times in a certain number of years, but OP if this is your son's first ticket he's eligible. I did it all online. It's a pain, it's around 6 hours long, but you can stop and start it at will. I got my certificate in the mail, came back to court, and it was erased from the record.
I had to sit through several other cases (about 20) until they got to mine, so I had a chance to observe and get an understanding what to expect. Basically in Alexandria (where I was), it went like this: they hear all the cases for each officer before they move to the next officer. If your officer shows up (and all of them that day did), the officer will bring their reports. When your case is called, the officer goes first and she/he will just read what they wrote: On 1/1/22 at 9am on 123 Park Avenue I saw a red Honda that appeared to be speeding and my radar 123 gun measured its speed as 37 mph in a 25 mph zone. I stopped the said red Honda and issued a citation and summons for going 37 in said 25 mph zone."
Then the defendant will get the chance to speak. He could say: I think the radar gun wasn't calibrated and gave an incorrect reading, I wasn't speeding, my speedometer wasn't working, I didn't know it was a 25mph zone. I watched people use ALL of these defenses, and more (one even brought GPS photos to show where he started his trip, and where he was stopped, and that there were no speed limit signs between pts A and B so he had no knowledge that he was speeding because he hadn't passed a speed limit sign, I thought this one was clever). NONE of them worked, none. The judge found them ALL guilty because none of those excuses could cancel out the police radar report. If the police officer shows up, and reads that their gun worked, and it registered you as speeding, that's enough for the judge to find guilt and there is basically nothing to persuade the judge to counter it. Not that you have a clean record, not that you think the police office was wrong, nothing. You would have to show that the radar gun was faulty and how can you show that? The police had the automatic assumption of having their evidence be acceptable evidence.
What did work was when I saw an uber driving start crying that he couldn't afford to pay the fine or increase on his insurance and that he wouldn't be able to work if he couldn't drive. It seemed very genuine. The judge told him that he could go to driving school, and if he completed the course within x days (I think it's 60), and he came back to court with his certificate, the citation would be dismissed and he wouldn't have any points. The judge had not given any of the other 20 people who pled their case that option, which seemed kind of harsh, but I took that as a sign that it wouldn't matter than the officer was super rude or whatever else I said, that asking for driving school was met best option. So when I was called, I said simply: "Your honor, I don't believe that it was my car the police officer registered as there was another car passing me at the same time and I do feel that it was other car that was speeding; however I ask that I be given the opportunity to go to driving school as I have a clean record." Then the judge said: "Well, if you pled guilty under the condition of completing driving school in x days then your citation will be dismissed and erased from the record."
I think the key here was not to immediately plead guilty or innocent, but to humbly ask to go to driving school. In Virginia you can only go to driving school a certain number of times in a certain number of years, but OP if this is your son's first ticket he's eligible. I did it all online. It's a pain, it's around 6 hours long, but you can stop and start it at will. I got my certificate in the mail, came back to court, and it was erased from the record.
Anonymous
05/12/2022 11:14
Subject: Re:Any advice for traffic court for DS-17?
Have him complete a driver safety course ahead of time and have proof that he has done so.
Anonymous
05/12/2022 10:50
Subject: Re:Any advice for traffic court for DS-17?
Anonymous wrote:Anonymous wrote:Former 17 year old here (now a lot older). DS should go in remorseful, and the judge will likely offer that if he takes and completes a defensive driving course, it will be wiped from his record. That's why the officer recommended it -- he knows that will happen.
Don't go in trying to fight the ticket. The judge is going to offer an "out" because of his age.
Added bonus: the course is mostly teenagers so he may find a prom date there.
This is helpful, thank you. Not looking to “fight” the ticket. The police officer told him to go to court so he is going to court. I just don’t know if they will expect him to speak at all or just stand there and take a good yelling. He is extremely nervous and doesn’t want to do/say anything wrong.
He just needs to be respectful. “Yes, your Honor” And have a one sentence ready for “why” he was speeding how he’s corrected his behavior”. Simple answer “I didn’t realize the speed limit changed to 25 or I didn’t realize my speed was creeping up “ — NOT “I was looking at my phone or talking to a friend or just following the guys ahead of me”
The judge has a full docket/caseload to get through, he won’t spend more than 3 minutes on your case.
Anonymous
05/12/2022 10:35
Subject: Re:Any advice for traffic court for DS-17?
Anonymous wrote:Anonymous wrote:Former 17 year old here (now a lot older). DS should go in remorseful, and the judge will likely offer that if he takes and completes a defensive driving course, it will be wiped from his record. That's why the officer recommended it -- he knows that will happen.
Don't go in trying to fight the ticket. The judge is going to offer an "out" because of his age.
Added bonus: the course is mostly teenagers so he may find a prom date there.
This is helpful, thank you. Not looking to “fight” the ticket. The police officer told him to go to court so he is going to court. I just don’t know if they will expect him to speak at all or just stand there and take a good yelling. He is extremely nervous and doesn’t want to do/say anything wrong.
It's OK to be nervous. He should be prepared to address the judge as "your honor" (it feels weird, and he'll hear other people doing it, but prepping him in advance will save him a little bit of surprise). He'll do just fine as long as he's polite, doesn't interrupt, and agrees to take whichever class they want him to take.
Anonymous
05/12/2022 10:35
Subject: Re:Any advice for traffic court for DS-17?
Anonymous wrote:Anonymous wrote:Former 17 year old here (now a lot older). DS should go in remorseful, and the judge will likely offer that if he takes and completes a defensive driving course, it will be wiped from his record. That's why the officer recommended it -- he knows that will happen.
Don't go in trying to fight the ticket. The judge is going to offer an "out" because of his age.
Added bonus: the course is mostly teenagers so he may find a prom date there.
This is helpful, thank you. Not looking to “fight” the ticket. The police officer told him to go to court so he is going to court. I just don’t know if they will expect him to speak at all or just stand there and take a good yelling. He is extremely nervous and doesn’t want to do/say anything wrong.
PP here. Traffic court is open to the public so he can go watch a few sessions some days before to get an idea of how it flows. Also I'll admit watching a few of the cases before me scared me straight at that tender age -- they hauled one guy off in cuffs right there in the courtroom as it was a second or third DUI he got.