[Shotimes] Re: Laser Speed Monitoring

[MonsieurBoo@aol.com]

>> Some jurisdictions have "deferred adjudication" 

> But that is not a warning.  That is a real ticket.  The  Judge decides to
> allow it to be deferred.
>  Kerby


Exactly correct.  It's also sometimes called a "deferred acceptance  of 
guilty" plea, and in that scenario you're pleading what amounts  to "no contest".  
That allows the jurisdiction to fine you and fill  their coffers, and lets you 
keep the violation off your driving  record if you can stay out of further 
trouble during the "probation"  period.  Pretty much a win-win.  But 
nevertheless, you're still  copping a real plea to a real ticket.
 
And if you have a relatively clean (or "recently" clean anyway, like some  of 
us old farts) traffic record, it will NEVER hurt to grovel in front of the  
judge and ask for deferred adjudication.  The worst they can say is  no.  But 
most times, they won't offer it unless you ask.
 
On the other hand this "get a warning and pay a fine" nonsense would  never 
withstand judicial scrutiny, especially at the appeals-court  level.  It 
basically amounts to extortion.  The cops can't legally  run a game where they say 
"pay the fine for a warning, or we'll charge  you with a crime."  You HAVE to 
be cited and charged -- and  convicted (or waive your rights by paying the  
default fine prior to arraignment) -- before you can legally be  fined.  
 
Cheers
Mark LaBarre
94 atx 135k