Asking the Judge if He Would Accept a Guilty Plea to a Lesser Charge
How does one go about asking a judge to plea guilty to a lesser charge?
I got a 23109C and have court on Friday. The citation occured in November of 07. I have been citation free since then as well. This was my first ticket ever so Im hoping that my spotless record might help me in some way. I would like to plead guilty to a 22350 ( speeding ticket) and have the option of traffic court so this does not show up on my record. Just got a promotion at work that is going to require me to get my class b with a hazmat endorsement. If this shows up im screwed....any info would be greatly appreciated
Re: Asking the Judge if He Would Accept a Guilty Plea to a Lesser Charge
Prior to court, you will be given the opportunity to talk to the clerk and/or the DA... whomever is there to argue the state's side of the case.
Explain everything the way you have to us. Be polite and non argumentative.
Just to make sure, this was a speed contest ticket, right?
Re: Asking the Judge if He Would Accept a Guilty Plea to a Lesser Charge
Normally you would talk to the prosecutor prior to court and see if they would amend to a lesser charge as part of a negotiated plea agreement. If so, when your case is called up the prosecutor will normally take the lead, advise the court of the deal and the court will normally accept it after inquiry is made of the prosecutor and you.
Traffic court prosecutors deal with pro se litigants frequently so just tell them what you are proposing and see if they will accept it.
Re: Asking the Judge if He Would Accept a Guilty Plea to a Lesser Charge
Quote:
Quoting
cyjeff
Prior to court, you will be given the opportunity to talk to the clerk and/or the DA... whomever is there to argue the state's side of the case.
Explain everything the way you have to us. Be polite and non argumentative.
Just to make sure, this was a speed contest ticket, right?
Exhibition of speed 23109c for a wheelie on a back road. 30 years old, no prior tickets, ticket was marked as an infraction not a misdemeanor, 40 in a 35, ticket does not mention anything about wheelie.
Re: Asking the Judge if He Would Accept a Guilty Plea to a Lesser Charge
Went to the courthouse and asked to talk to the DA about the ticket and the lady informed me that the DA there does not get involved in traffic citations..weird....well see what happens
Re: Asking the Judge if He Would Accept a Guilty Plea to a Lesser Charge
Most DAs are not involved in traffic infractions.
You can always attend court for trial, hope the officer fails to show up, and then move for a dismissal. Or, you can ask for traffic school.
You also have the option of contesting the cite and arguing that your actions did not meet the elements of the cited offense.
- Carl