[Shotimes] Need advice for SPEEDING TICKET with RECKLESS OP
Ian Fisher
dataflash@yahoo.com
Sat, 10 Dec 2005 20:01:02 -0800 (PST)
Were you actually doing 90 at one point?
I would fight the ticket by showing up for court.
However, fighting the actual speed on the ticket may
prove to be a waste of time. The equipment that the
police officers use should be calibrated and
maintained on a regular basis and the officers are
certified to use them. You really have little defense
against that. A friend of mine (who is a cop) gave me
that bit of advice and I realize now that it's true.
Municipalities invest a lot of money in their training
and equipment so challenging the equipment or the
operator is usually pretty futile unless you can
provide some physical evidence contrary to what the
off icier wrote on the ticket.
If you were polite and did not argue during your stop,
you at least have that going for you. Most officers
don't remember the demeanor of each person that they
pull over so they usually write notes down on their
copy of the traffic ticket.
I don't know how easy it is to beat a ticket in Ohio.
In NJ it is usually pretty easy to get it talked down.
Maryland recently proved to be a cakewalk for me. I
tried to beat a ticket in PA a few years back but I
made the mistake of trying to argue that the system
that they used to clock be was not infallible. I know
that I was correct but that wasn't going to get me
anywhere. I lost that case.
I would try to get that reckless dropped by any means
possible. I would definitely fight the ticket(s)
though. You have nothing to lose if you don't. Is the
cost of the lawyer outweighed by the cost of jacked up
insurance rates? Call your insurance agent and ask
their advice. They can't (at least they shouldn't)
jack up your rates if the ticket hasn't gone through
the system yet.
I've never gone to court with a lawyer and NJ rates
are pretty high. I've usually had luck by myself but
then again I've never had anything more serious than a
speeding ticket.
When you go to court, dress appropriately! I can't
believe how many people I see who show up in jeans,
sneakers and a T shirt. Shirt, tie and dress slacks
are a minimum! Don't overdress but don't look like a
slob either.
...and no, I am not a chronic speeder. =)
Ian
--- jfkoper1@aol.com wrote:
> Hello everybody,
>
> I am not sure how all this works since I've not been
> in this situation, so I am open to your advice.
>
> No doubt some of you have been in the same situation
> I am in. I was lasered at 90 in a 65 zone. Cop
> decided to add reckless op charge (Ohio Revised Code
> section 2511.20 to it (not sure why). I am an OHIO
> resident and the alleged infraction occurred in
> Ohio.
>
> I have no poiints, have had two tix in the past 5
> years (speed in residential areas), so this is my
> first highway stop. The reckless op is a minor
> misdemeanor that is worth 4 points if it cannot be
> dropped--a BIG downside for my insurance for the
> next 3 years. I find it odd that he clocked me at
> exactly 90--sounds too convenient.
>
> Weather was cloudy, no rain, good visibilty, light
> traffic, 4 lane highway. No accidents caused and no
> alcohol involved. No swerving, tailgating, cutting
> people off--just straight-line driving. I did not
> have PROOF of insurance, but I have active coverage.
> Cop was grumpy.
>
> I've consulted several attorneys, and of course,
> they want to make it sound like it'd be tough to get
> the reckless op charge dropped without their help
> during the discoverY and plea bargain process. But
> they are charging $500 to $750.
>
> I don't contest that I was speeding, but it sure
> wasn't 90! My main concern is to get the reckless op
> dropped and perhaps plea bargain the speed down to
> 74 or so, since that is what I was doing when I saw
> him and passed him.
>
> So if YOU have been in this situation or have a
> legal background, feel free to offer some tips. Some
> of the lawyers I've talked with have offered
> conflicting advice.
>
> What chance is there of the reckless op being
> dropped? At my summons (first appearance) I plan to
> plead not guilty to the alleged charges, so it will
> go to a second hearing/trial. The lawyers' advantage
> seems to be that they can plea bargain it down so it
> DOESN'T go to trial. Can a court-appointed lawyer be
> provided? Can I plea bargain myself?
>
> I've been a nervous wreck contemplating the
> possiblities of a negative outcome/verdict. Thanks
> in advance.
>
> Jim K
> 92 red/black
> 156,000
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