court question when pleading not guilty

Thread Tools
 
Search this Thread
 
Old 11-30-2007 | 01:35 PM
  #41  
binder929rr's Avatar
back in the saddle again
 
Joined: Apr 2003
Posts: 7,322
From: terre haute, IN
binder929rr is an unknown quantity at this point
Re: court question when pleading not guilty

Originally Posted by notguilty411
well i already had the "advisement" hearing or whatever they call it where i told them i didnt want a lawyer. the reason i dont want to pay for a lawyer is im only in VA for school and i have a PA license, so i wont get any points or anything since PA and VA dont work together (thats how its worked in the past) i should just end up with a fine, but im just trying to have the case dropped from a reckless to a speeding so i have less of a fine to pay.
you don't get "just a fine" for reckless....you can serve up to 180 days in jail. it's not really something you want to screw with.

also, if you plead not guilty, in that state of indiana, you then go to a jury trial. then both sides present evidence if you do'nt settle it outside of the courtroom before. you definately need a lawyer for that.

and also, just because you don't think the road is 35, doesn't mean that it's not a 35. they won't throw it out because of that. you are fighting a losing battle on that case big time. the speedo thing, maybe will work, but at the same time when you are doing 30mph over the limit, the judge will say "10mph over the limit you might not notice, but 30mph over the limit you should notice" which, in all actuality, you can't tell me you did'nt feel the different between 35 and 66.

not to be the barer of bad news, but it doesn't look good for you.
Old 11-30-2007 | 01:41 PM
  #42  
stock05's Avatar
What happened to my blox?
 
Joined: Jun 2006
Posts: 13,412
From: THE LEFT COAST
stock05 is infamous around these parts
Re: court question when pleading not guilty

Originally Posted by binder929rr
you don't get "just a fine" for reckless....you can serve up to 180 days in jail. it's not really something you want to screw with.

also, if you plead not guilty, in that state of indiana, you then go to a jury trial. then both sides present evidence if you do'nt settle it outside of the courtroom before. you definately need a lawyer for that.

and also, just because you don't think the road is 35, doesn't mean that it's not a 35. they won't throw it out because of that. you are fighting a losing battle on that case big time. the speedo thing, maybe will work, but at the same time when you are doing 30mph over the limit, the judge will say "10mph over the limit you might not notice, but 30mph over the limit you should notice" which, in all actuality, you can't tell me you did'nt feel the different between 35 and 66.

not to be the barer of bad news, but it doesn't look good for you.
with my court room experiences (and ive had a lot of them), i found that if you take it to trial the judge will impose the maximum sentence. this dumb **** is failing to realize that reckless is a misdemeanor not an infraction.


-mexican mayhem
Old 11-30-2007 | 01:49 PM
  #43  
binder929rr's Avatar
back in the saddle again
 
Joined: Apr 2003
Posts: 7,322
From: terre haute, IN
binder929rr is an unknown quantity at this point
Re: court question when pleading not guilty

Originally Posted by stock05
with my court room experiences (and ive had a lot of them), i found that if you take it to trial the judge will impose the maximum sentence. this dumb **** is failing to realize that reckless is a misdemeanor not an infraction.


-mexican mayhem
exactly!

and there really isn't a way to get out of the fact that you were doing 31 over the limit. i could tell i'm doing 31 over the limit blindfolded.

hard to fight something that's a law when you made an obvious mistake and odn't have proof against it being an accident.
Old 11-30-2007 | 01:52 PM
  #44  
stock05's Avatar
What happened to my blox?
 
Joined: Jun 2006
Posts: 13,412
From: THE LEFT COAST
stock05 is infamous around these parts
Re: court question when pleading not guilty

Originally Posted by binder929rr
exactly!

and there really isn't a way to get out of the fact that you were doing 31 over the limit. i could tell i'm doing 31 over the limit blindfolded.

hard to fight something that's a law when you made an obvious mistake and odn't have proof against it being an accident.
i saw a guy whose speedo was off buy 7mph and had it certified on paper from a mechanic, know what the judge told him? your guilty and you might want to think about getting that fixed after you leave.



-mexican mayhem
Old 12-01-2007 | 01:52 AM
  #45  
notguilty411's Avatar
Thread Starter
Registered User
 
Joined: Sep 2007
Posts: 56
From: pa/va
notguilty411 is a decent person
Re: court question when pleading not guilty

Originally Posted by DirtyToes
nope, $2,500 is JUST what the ******* lawyers wanted. and no, it wasn't even a wreckless! ...havn't gone to court yet.
2,500 just in lawyer fees.. that sucks. best of luck to you.
Old 12-01-2007 | 03:15 AM
  #46  
[T-Roy]'s Avatar
I Chose to No Longer Post
 
Joined: Oct 2006
Posts: 1,754
From: Lakeland, FL
[T-Roy] is an unknown quantity at this point
Re: court question when pleading not guilty

Originally Posted by stock05
with my court room experiences (and ive had a lot of them), i found that if you take it to trial the judge will impose the maximum sentence. this dumb **** is failing to realize that reckless is a misdemeanor not an infraction.


-mexican mayhem
wreckless isn't crazy serious but it's some probation or some jail time. if you take it to trial and lose (which you will) you'll get "the full penalty of the law". it's a fact. i'm tired of this gd thread. don't get a lawyer, take it to trial and call the judge a ***. i hope you get 10 yrs.
Old 12-01-2007 | 03:59 AM
  #47  
d-dub's Avatar
Registered User
 
Joined: Mar 2006
Posts: 34
From: virginia
d-dub is an unknown quantity at this point
Re: court question when pleading not guilty

reckless driving in va is 20 mph or more over speed limit. it is a class 1 misdemeanor and is punishable by up to 12 months in jail and/or a $2,500 fine.

you said 66 in a 35, if you honestly believe that your speedo is off by that much or can find a shop that says it is you can plead not guilty and ask for a continuance to get the evidence to prove you did not intentionally drive recklessly in which case it should be dropped to speeding.

If you don't think you can get that done. I would plead no contest and ask the court for mercy. I have seen tons of reckless driving cases in va and rarely is jail time served unless there are additional charges or you are a repeat offender. good luck
Old 12-01-2007 | 04:17 AM
  #48  
fiddy pimpin's Avatar
Registered User
 
Joined: Dec 2007
Posts: 84
From: perry, ohio...next to the lake
fiddy pimpin is a decent person
Re: court question when pleading not guilty

Lawers are the shizzle if ya get a good one 'which i do' i just got an 86/60 dropped to a 69\60 with no points,try that one by yourself LOL
Anyway i get that taken care of and go home...i check the mail and cleveland sends me a ticket for drag racing WTF i stunt not dragrace, i mean damn, i ride a stunt rat f3 come on you already know im poor LOL
Old 12-01-2007 | 02:36 PM
  #49  
stock05's Avatar
What happened to my blox?
 
Joined: Jun 2006
Posts: 13,412
From: THE LEFT COAST
stock05 is infamous around these parts
Re: court question when pleading not guilty

Originally Posted by fiddy pimpin
Lawers are the shizzle if ya get a good one 'which i do' i just got an 86/60 dropped to a 69\60 with no points,try that one by yourself LOL
Anyway i get that taken care of and go home...i check the mail and cleveland sends me a ticket for drag racing WTF i stunt not dragrace, i mean damn, i ride a stunt rat f3 come on you already know im poor LOL
im sure with the pow pows you make its no problem being cited for drag racing.



-mexican mayhem
Old 12-01-2007 | 03:03 PM
  #50  
notguilty411's Avatar
Thread Starter
Registered User
 
Joined: Sep 2007
Posts: 56
From: pa/va
notguilty411 is a decent person
Re: court question when pleading not guilty

Originally Posted by d-dub
reckless driving in va is 20 mph or more over speed limit. it is a class 1 misdemeanor and is punishable by up to 12 months in jail and/or a $2,500 fine.

you said 66 in a 35, if you honestly believe that your speedo is off by that much or can find a shop that says it is you can plead not guilty and ask for a continuance to get the evidence to prove you did not intentionally drive recklessly in which case it should be dropped to speeding.

If you don't think you can get that done. I would plead no contest and ask the court for mercy. I have seen tons of reckless driving cases in va and rarely is jail time served unless there are additional charges or you are a repeat offender. good luck
im not sure how much it is off, but im pretty positive its over 10mph, so if i can get a shop to prove its off over 11mph i should be able to get it dropped to a speeding. this is the first time i've ever had anything worse than a speeding ticket.

what exactly does pleading "no contest" say?
Old 12-01-2007 | 03:27 PM
  #51  
d-dub's Avatar
Registered User
 
Joined: Mar 2006
Posts: 34
From: virginia
d-dub is an unknown quantity at this point
Re: court question when pleading not guilty

Originally Posted by notguilty411
im not sure how much it is off, but im pretty positive its over 10mph, so if i can get a shop to prove its off over 11mph i should be able to get it dropped to a speeding. this is the first time i've ever had anything worse than a speeding ticket.

what exactly does pleading "no contest" say?

It would help if you can get your calibration done before you go to court but if you can't ask the judge for a continuance and if you are able to prove that you relied on a faulty speedo any reasonable judge will reduce the charge from reckless to speeding. i have witnessed that several times.

no contest means you are not admitting guilt or innocence. pretty much you know you were speeding but do not want to contest the charge like you will have to do if you plead not guilty. after pleading no contest explain that the sprockets were changed and it affected the speedo reading and ask for leniency.

your previous speeding history could be a positive or a negative in a no contest. the judge may see it and think you do speed sometimes but never anything that amounts to reckless or he may think you are full of **** and need to be taught a lesson. He will lecture you and slap you with a huge fine to get the point across. the real outcome is really going to be based on how many traffic violations you have. be honest with yourself, multiple tickets you may want a lawyer
Old 12-01-2007 | 03:32 PM
  #52  
stock05's Avatar
What happened to my blox?
 
Joined: Jun 2006
Posts: 13,412
From: THE LEFT COAST
stock05 is infamous around these parts
Re: court question when pleading not guilty

Originally Posted by notguilty411
im not sure how much it is off, but im pretty positive its over 10mph, so if i can get a shop to prove its off over 11mph i should be able to get it dropped to a speeding. this is the first time i've ever had anything worse than a speeding ticket.

what exactly does pleading "no contest" say?
your guilty you ******* *****, sac up and face the music.




-mexican mayhem
Old 12-01-2007 | 10:31 PM
  #53  
notguilty411's Avatar
Thread Starter
Registered User
 
Joined: Sep 2007
Posts: 56
From: pa/va
notguilty411 is a decent person
Re: court question when pleading not guilty

Originally Posted by d-dub
It would help if you can get your calibration done before you go to court but if you can't ask the judge for a continuance and if you are able to prove that you relied on a faulty speedo any reasonable judge will reduce the charge from reckless to speeding. i have witnessed that several times.

no contest means you are not admitting guilt or innocence. pretty much you know you were speeding but do not want to contest the charge like you will have to do if you plead not guilty. after pleading no contest explain that the sprockets were changed and it affected the speedo reading and ask for leniency.

your previous speeding history could be a positive or a negative in a no contest. the judge may see it and think you do speed sometimes but never anything that amounts to reckless or he may think you are full of **** and need to be taught a lesson. He will lecture you and slap you with a huge fine to get the point across. the real outcome is really going to be based on how many traffic violations you have. be honest with yourself, multiple tickets you may want a lawyer
thanks for the advice bro, i think i got it down and have a descent plan of action thats better than just going in and confessing. i wont be able to get the bike calibrated before i go in so hopefully they'll give me a continuance and then ill go with that.

i've had 3 speeding tickets before this, the worst one was an 80 in a 65, other than that my record is clean. hopefully that will help.

all im looking for is to have it dropped to a speeding from a reckless.
Old 12-01-2007 | 11:29 PM
  #54  
stock05's Avatar
What happened to my blox?
 
Joined: Jun 2006
Posts: 13,412
From: THE LEFT COAST
stock05 is infamous around these parts
Re: court question when pleading not guilty

Originally Posted by notguilty411

all im looking for is to have it dropped to a speeding from a reckless.
not going to happen dippy, you were going 30mph it doesnt matter what you say or do. dont worry when you get out because you didnt take the right advice, ill be he to say i told you so .


-mexican mayhem
Old 12-02-2007 | 02:47 AM
  #55  
d-dub's Avatar
Registered User
 
Joined: Mar 2006
Posts: 34
From: virginia
d-dub is an unknown quantity at this point
Re: court question when pleading not guilty

alright man go for it. It may happen, I had a 63 in a 35 dismissed in Va. All I had to do is go to driving school, but I had a good driving record.
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
zeus_r6
Stunt Discussion
110
08-23-2014 05:11 PM
STUNTGSXR
Bikes for Sale
1
06-13-2014 03:36 PM
CRZT
Stunt Discussion
31
12-26-2002 12:52 AM
BVRider1
Ronin Riders
6
12-01-2002 03:12 PM




All times are GMT -4. The time now is 04:38 AM.