Best Way to Ask for Leniency

[jtr]

So none of this will help is that the general concensis?

I mean I made a huge mistake, I have never gone that fast before in my life, never even close, I learned my lesson, never want to do it again, just want to "start again" with a clean slate... But of course Ill pay my fines... That wont do anything?

And if I do try and get it dismissed with paperwork (discovery, cop not showing, etc.. etc...) or other loopholes, what am I supposed to say in court or in my written declaration?

I have nothing to say that would help my case!

[blewis]

Do what Jim (EWYLTJ) suggested. Ask for a continuance. File a TBWD (yes, you'll have to post bail). Just say, "I'm not guilty". You do not have to prove you're not guilty -- the state must prove you are. If the officer fails to respond, your case will be dismissed.

If that doesn't work, ask for a trial de novo. If the officer doesn't show, you win. Do a search for 22349(a) and you'll find a wealth of information about how to fight this in case the officer does.

After you've done the TBWD, lost, and scheduled the de novo hearing, if you're still not comfortable fighting, you can still ask for traffic school. This will be a valuable lesson, you'll learn some interesting, but trivial, information, and who knows, miracles do happen.

Good luck,
Barry

[jtr]

Do what Jim (EWYLTJ) suggested. Ask for a continuance. File a TBWD (yes, you'll have to post bail). Just say, "I'm not guilty". You do not have to prove you're not guilty -- the state must prove you are. If the officer fails to respond, your case will be dismissed.

If that doesn't work, ask for a trial de novo. If the officer doesn't show, you win. Do a search for 22349(a) and you'll find a wealth of information about how to fight this in case the officer does.

After you've done the TBWD, lost, and scheduled the de novo hearing, if you're still not comfortable fighting, you can still ask for traffic school. This will be a valuable lesson, you'll learn some interesting, but trivial, information, and who knows, miracles do happen.

Good luck,
Barry

Thanks this is what I will do but in the TBWD what am I stating?

My dad thinks this is all a "huge mistake" and that if I do what you guys are recommending Ill be annoying the judge and digging a deeper hole.

He feels showing up to court and telling the judge it was a huge mistake and it will never happen again... yadda yadda yadda... is the way to go... and perhaps ask for leniency or alternate punishment (no point).

[cyjeff]

It costs you only your time and energy to try.

However, you need to keep in mind one fact...

How many times do you think someone caught speeding has looked a judge square in the eye and said, "I am going to speed again. In fact, I will be speeding on the way home from this court session. You should take my license away and beat me half to death with it."?

Everyone will tell the judge the same thing. Everyone will find some nugget of value in their life that, they feel, screams to the judge that they are really a good person full of red state values and would no more speed again than kiss a llama on the mouth.

You have to prove you aren't everyone else.

[EWYLTJ]

Thanks this is what I will do but in the TBWD what am I stating?

My dad thinks this is all a "huge mistake" and that if I do what you guys are recommending Ill be annoying the judge and digging a deeper hole.

He feels showing up to court and telling the judge it was a huge mistake and it will never happen again... yadda yadda yadda... is the way to go... and perhaps ask for leniency or alternate punishment (no point).

OK... for the third time.... in your TBWD you need only say "I AM NOT GUILTY". Get off of that "I'm a good kid" crap. Do you think honor role students have different rules than the C students?

[jtr]

Thank you... thats what I was wondering...

So in the TBWD I can just state I am not guilty, and the cop will have to prove I was?

I don't need any other real substancial information?

And no I don't, I am just asking what you guys think is the best course of action to try and get the point to disappear I was stating I have a lot of awards in case they will help I think you guys have already given me my reality check now I would really appreciate constructive information as to help me with my case.

[blewis]

We've already answered your question and we've given you our opinions, which seems to be fairly unanimous -- a rarity in these forums. Few people here are actually attorneys and NONE of us can see the future (well, with the exception of SJ who still has Lwpat's crystal ball -- LOL).

Your Dad my be 100% correct or he may be wrong. We may be 100% correct, but it would still depend upon YOUR presentation. Or we may be wrong. Either way, it still comes down to you -- DO WHAT YOU THINK IS BEST!

I think we've beaten this dead horse enough.

Barry

[jtr]

Thanks guys I appreciate all the help, I mean it can't hurt to bad to suck up to the judge but I am sure he gets it ALL the time...

But I mean, if I were going just 11mph slower, which is still pretty fast and "reckless", I would be able to check a box and take traffic school without a question...

Thats what is bothering me so much, there must be some way to get traffic school in-between the automatic, and reckless (100mph+) range.

[EWYLTJ]

Defending yourself properly in court has nothing to do with "sucking up" to the judge. If you think justice is about stroking someone's ego, then you have a lot of maturing to do.

Now... stop wasting your time and ours by going in circles with half-baked ideas about traffic school and leniency. Just do some research on here and research the law. If you put your energy into something constructive rather than spinning your wheels you may actually get a postive result.

[jtr]

I was speeding though there is NOTHING to defend!

And I have done the research on TBWD, discovery from the DA, cop not showing, and all the other ways to get out of things but they are all somewhat farfetched...

Only thing I think that may help is that I believe the officer that ticketed me was not the radar (actually lidar) operator, I recall on the ticket there were two names and also it was a "speed trap" (not in the legal sense, just saying there were over two dozen cops using "lasers", as the cop stated, not sure if thats different then lidar, to catch speeders, it was not just this cop)... That may make it more difficult to dig up radar certification etc... as the cop that is involved may not be the guy they need the info from.