Best Way to Ask for Leniency

[jtr]

My question involves a speeding ticket from the State of: California

I posted a while back but didn't quite get the info I needed.

I was cited for 22349 (A) CVC (going over 65mph). Lidar'd at 99mph.

Also cited for violating my provisional license (had minors in the car).

Yes I know it was stupid (I learned my lesson) and I know there is no question I was speeding.

I am a straight A student and this year got plenty of awards to prove it.

I work full time in the summer and have plenty of cash on hand to pay for the ticket, its the point that I am more concerned about.

What is the best way to ask the judge for leniency in the form of traffic school plus the full fine instead of getting a point on my record?

I was thinking I could send in a trial by declaration with copies of my awards and a well written letter asking for traffic court.

My dad has stated that he feels doing this will only annoy the judge (more paperwork) and that it would be best to do this face-face. But I get a trail de novo if the written one fails (but then the judge will be bothered according to my father's logic and be less likely to give me my plea).

I feel like he would rather read a few pages of paper work then have me sit down in court only to ask for leniency, and not try and fight it.

What would you guys recommend?

Also, do I send in the written dec. first thing or do I first go (date on the ticket) to court?

I have heard the first time in court they ask what your plea is, I am obviously pleaing guilty but just want leniency, but I heard if I say guilty I just pay the fine and go home.

What can I do to insure I can talk with a DA/judge or write them to try and get out of the point and insurance increases?

Lastly, what do you guys feel my odd's are of fighting the point?

Thanks

[Mr. Knowitall]

You were cited for 34 over the limit, with a provisional license and other minors in the car? I hate to say it but if I were the judge, no amount of begging or pleading would make me disregard the magnitude of your violation.

[jtr]

That seems to be the case but I have to try right?

So what is the best step's to take to ask for this leniency?

And is the worst case scenerio one point on my record and the fine?

Or can the judge make it even worse?

[FlyinHawk®]

A Judge isn't going to care about what awards or grades you got on a report card. It doesn't measure up to much of anything when you've broken the law.

You're free to try, but do you really want to start it off with the Judge annoyed wiht you?

[jtr]

Well, the alternative is to just pay the fine AND get the point so "annoying" the judge by trying to lose the point and failing doesnt get me off any worse so of course I am going to try.

What I want to know is what you guys feel is the best way to go about doing this, written or in person...

And also yeah I broke the law but isnt honor roll, extremely advanced classes, etc.. etc... evidence that I am normally a responsible kid (also work near full time to keep out of trouble)?

Just proves my arguement, I $#$#ed up, made a stupid decision and I hope it to be my last....

[FlyinHawk®]

(also work near full time to keep out of trouble)?

I really wouldn't tell the Judge that you work full time, to stay out of trouble. MOst people don't need jobs to occupy them to make sure they don't commit trouble.

And also yeah I broke the law but isnt honor roll, extremely advanced classes, etc.. etc... evidence that I am normally a responsible kid

All that proves is that you should have KNOWN better since you are so "highly educated". Your education status has no role in any of this. Search the board you'll find a lot of those who broke the law believe that announcing how good of a person you are makes a difference.

If you don't mind annoying the Judge than go for it, and waste his time. I would have to say worst case would be a suspended license.

[cyjeff]

You cannot write a letter directly to a judge deciding on your case.

He is not, by law, allowed to read anything that will influence his decision.

If you want to introduce other evidence, do it in court. Otherwise, the information will be ignored.

[EWYLTJ]

The answer to your question is... you don't ask for "leniency". You sound like a whiner. Call the court and ask for an extension. Then, you do a TBWD (but you are going to have to post bail in the amount of your ticket) and simply state "I am not guilty". Since you have yet to be convicted, you are presently not guilty. If the cop fails to provide a declaration, your case will be dismissed.

If you are found guilty, immediately ask for a trial de novo and go to court. If the cop shows up, there are paperwork requirements that they frequently screw up (research that here). If he does, ask for dismissal. A dismissal is the best "leniency" you can get.

[jtr]

Okay guys I stay out of trouble just fine but I think the fact that I have a solid job shows responsibility trends that clearly were not here for this decision but anyways...

Normally with a 22349 (A) CVC you can get traffic school from the clerk, I was more then 25mph over so thats not an option for me.

You guys basically are saying the judge will not even consider giving me this?

Also, if I do a TBWD (thats a written declaration correct?) then what will I say? I have no evidence of my innocence.

Lastly, when I say do this written or in person I mean with a written dec. or a regular trial...

I guess Ill just have to fight for a dismissal with lack of paperwork etc..., I didn't want to go that route.

Still have yet to get my courtesy notice, is now still the time to request recovery?

[seniorjudge]

A judge will think, "This kid has a wonderful background...but it didn't help him a bit!"