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  1. #1
    Join Date
    Aug 2007
    Posts
    3

    Default Does Delaying Your Court Date Really Increase the Odds?

    OK here's my situation.

    I was caught going 71 in a 55 on Route 3 in Delaware County, Ohio.

    I decided I would attempt and take this to court, since

    A. It seems there a few possible ways to get out of it from what I've read on the internet.

    B. I've heard the costs of going to court are usually included in the ticket (at least for the first visit) or the combined court cost and the fee they charge you is equal to or less than the initial ticket cost. Not sure if it's true, but I hope someone can tell me here.

    C. Hopefully I can at least get a plea bargain to a 0 pt violation, which shouldn't hike up my insuracnce rates as much.

    I just finished up a case with some Columbus attorneys, Cox, Stein and Pettigrew. When I was down at their office, I asked if they had anyone who could give me any advice about going to court against speeding tickets.
    The attorney at that office told me when if I sent in a Not Guilty plea, that I should NOT opt for a 30 day waiver. Apparently, his reasoning was that if they had to resolve it in 30 days, there would be less chance to reschedule if they officer didnt' show up. I think he also mentioned that if the court date came on such short notice, the officer might not be able to fit into his schedule or for some reason, may not show up and short notice.
    Of course, I've read about everywhere else that delaying the date increases the odds of the officer not showing up.


    So I sent in a Not guilty plea with No option for a 30 day Waiver.
    I just got my court date notice in the mail yesterday and it's scheduled for next Friday, Sept. 7th.
    I called the attorney guy again, and he still says my best odds are to show up for that date. I severly doubt the officer will be absent, but should I still try to push it back?
    I do work later that afternoon, but the Clerk's office said I should have filed for continuance today, and I didn't because of what the attorney said.

    So I guess these are my main questions.

    1. Does delaying the court date really increase the odds of the officer not showing up or just give them more time to work it into their schedule? Same question for getting a court date on really short notice.

    2. Are court costs ever part of the ticket cost?

    3. If the Clerk's office says I'm not Eligible for Traffic School because this is my second offense within a year (even though my last offense was 364 days, 11 hours 30 mins before this one) is there still a chance the judge or prosecutor will be able to work something out for me.

    4. Do I have better odds of being offered a plea bargain if I plead Not Guilty, or should I (and can I?) change my plea to NO Contest?

    5. Do 0 pt violations cause your insurance premiums to go up as much as a regular 2 pts violation, or does it depend on the insurance company?

    Basically I just need the best advice as to what I should do at this point. The main thing I want to avoid is my insurance premium increasing significantly.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does Delaying Your Court Date Really Increase the Odds?

    Delaying your court date can improve your odds, although it depends on how organized the court is. The initial date issued by the court is the most likely to be correlated with the officer's calendar.

    If you take a ticket to court, you can be assessed court costs if you are found to have committed the violation.

    You can try to work out whatever you want with the prosecutor. If you are ineligible for traffic school, don't expect to receive it.

    A "no contest" plea is treated as a guilty plea.

    If you want to know your insurance company's policy for tickets, ask them. Most "0 point" violations aren't deemed particularly relevant to your risk as a driver.

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