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Can I ask for no points?

DucatiHoney

DucatiHoney

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AMA #: 1028914
I got cited for speeding several weeks back. I'm guilty as sin; I'm not denying that. I didn't bother doing a trial by declaration...cuz I'm guilty as sin. So I'm going to court in a couple of weeks and hope the cop doesn't show up. I'm counting on him being there though.

I don't plan on lying...cuz of the guiltiness...but I'm hoping that I can ask for a reduced fine and and at the very least I'm just going to request traffic school. I'd really be OK paying the full ticket, however, if I didn't get the points on my license. That seems like a win-win to me. SF gets their money and I don't get nailed by my insurance company.

So my questions are as follows: Can the judge allow me to pay the fine and not assess my record any of the points? (I don't want to look like a total idiot up there asking this, and I can't find the answer anywhere.) I've never gone to court before and am not sure of any of the protocol. Am I allowed to plead guilty but still ask for a reduction in the fines, etc? Or do I need to plead innocent to get any of that?
 
I was hoping to save traffic school for another time--I am eligible for it.
 
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OK, that's the biggest part of what I needed to know.

Can I plead guilty and ask for a reduced fine and traffic school or do I need to say that I'm not guilty?
 
DucatiHoney said:
OK, that's the biggest part of what I needed to know.

Can I plead guilty and ask for a reduced fine and traffic school or do I need to say that I'm not guilty?
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They typically don't allow double dipping.
Then again, I didn't even bother asking, so ymmv.
 
If you were going 15 miles per hour or less over the speed limit, you can usually request traffic school directly from a court clerk, at your leisure.

If you'd like to speak to a judge, you should show up at walk in traffic court for an arraignment. There, you can request traffic school, a fee reduction, or whatever, and enter a plea.

Typically, a judge will not offer traffic school unless you plead guilty.

Keep in mind: An arraignment is *not* a trial. The officer will not show up. The DA will typically not show up. At an arraignment, you enter your plea. If you plead not guilty, a trial will be scheduled for a later date. If you plead guilty, you will not have a trial at all.
 
As flying pig mentioned, most judges will either offer a reduced fine, or traffic school. It's rare for them to offer both.
 
I'm assuming this is the notice to appear date/arraignment?
When I went to mine for speeding, the judge asked what do I plea. Before I gave him my plea, I asked him if I can take traffic school (was non-eligible at the time) and a reduced fine. He declined my TS request and offered community service for the fine or payment plan. YMMV as stated.

Question: Are officers required show up on the notice to appear date?
 
I suggest that you go through the local municipal code and find something similar in nature in regards to the nature and the fine, try to get in contact with the officer before the trial and ask him/her if they would stipulate to amending the complaint to add that charge and dismiss the other. If they agree, no points. The municipal codes do not carry points.

Good luck,
Scotty
 
If you decide to "roll the dice" on the cop not being there, and then he shows up and you are found guilty, you may still request traffic school.

Legally, the judge must consider your request, but does not have to grant traffic school. Some courts/judges are known for not granting TS if you contest the cite, you should go and check out your court ahead of time if you have time to spare.

As Burning1 says, if you plead guilty off the bat, traffic school is usually automatically offered if you are eligible.
 
Woo! I never thought of that approach (Edit: Requesting a municipal citation!)

I'm looking forward to the next seminar, Scotty.
 
Burning1 said:
Woo! I never thought of that approach (Edit: Requesting a municipal citation!)
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Three years of law school and years of practice. :rofl

Burning1 said:
I'm looking forward to the next seminar, Scotty.
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Should be next week. Believe it or not, I am currently on jury duty.

Scotty
 
Burning1 said:
Seriously? I kind of figured that the prosecution would have thrown you off the moment they found out you were a defense attorney.
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Me too but we are still in the voire dire process. I may be excused tomorrow.
 
Sounds to me like you deserve the point as well as the fine. Why do you think otherwise? The system is already in place for Traffic School to avoid a point, what makes your offense deserving of special treatment?
 
GhostRider510 said:
I'm assuming this is the notice to appear date/arraignment?
When I went to mine for speeding, the judge asked what do I plea. Before I gave him my plea, I asked him if I can take traffic school (was non-eligible at the time) and a reduced fine. He declined my TS request and offered community service for the fine or payment plan. YMMV as stated.

Question: Are officers required show up on the notice to appear date?
Click to expand...

Yes, unless they have other obligations that the department approves. Training, criminal court on the same date/time, not enough street coverage, etc
 
1085One said:
Yes, unless they have other obligations that the department approves. Training, criminal court on the same date/time, not enough street coverage, etc
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I'm pretty sure that the notice to appear date is for your arraignment, not for a trial. So, unless I'm mistaken, the officer would not typically appear on that day.
 
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