Results 1 to 6 of 6
  1. #1
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    8

    Default 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

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default 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?

  3. #3
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default 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.

  4. #4
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    8

    Default Re: Asking the Judge if He Would Accept a Guilty Plea to a Lesser Charge

    Quote Quoting cyjeff
    View Post
    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.

  5. #5
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    8

    Default 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

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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

    1. Sponsored Links
       

Similar Threads

  1. Hearings and Trials: Judge Entered Not Guilty Plea After My Refusal to Plea
    By proto in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 06-08-2010, 10:37 PM
  2. Ticket Errors: Wrong Address on the Traffic Ticket
    By yogivinay in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 03-29-2010, 06:28 PM
  3. Speeding Tickets: Can a Traffic Court Judge Amend a Violation to a Lesser One
    By davisdrafting in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 01-23-2010, 09:57 PM
  4. Home Invasion: A Lesser Plea
    By helpforson in forum Criminal Charges
    Replies: 2
    Last Post: 02-10-2009, 11:15 PM
  5. Lesser Sentence for Guilty Plea?
    By mrtfool in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-28-2008, 09:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources