A Family member rolled a stop sign and was cited. Small fine and points. Insurance has been clear for 22 years and I'd prefer to keep it that way
I received a flyer from a local "traffic ticket" attorney. Indicates likely outcome with their help is to kill the moving violation (and points) and plea to a lesser offense with a fine. This seems like a good idea
Is it possible to do the same thing without an attorney? Can anyone explain like I am 5?
pheller
UltimaDork
5/31/23 12:23 p.m.
The attorney likely knows a pass/fail rate of what to say to the judge on a given day. You could certainly represent yourself, but you'd better hope the language you use is what that judge wants to hear.
With such a minor offense I think just showing up would impress the judge and show that this means a lot.
Or...it could be a waste of time.
I used an attorney to get out of a 5 point moving violation + additional fines for construction zone (not active.) I would've kept my license, but could have lost it if I was pulled over again shortly after.
The attorney was able to remove the points, and justify the dropping of the construction zone fine because it wasn't active. I paid $500 to attorney who also paid my fine of $150, so it was $350 to him.
Years ago we could plead guilty and ask for court supervision. If you had a clean record the judge could grant that or take your guilty plea.
Return to court 60 days later with a clean record and the judge tosses out the ticket and makes you pay the ticket.
Only concern is he takes the guilty and it goes on your record.
Driven5
UberDork
5/31/23 12:52 p.m.
I'm sure it varies by state, but I've kept my record squeaky clean: Once by 'court supervision' and another by simply taking a 'certified' defensive driving class. Zero lawyers either way.
For example, where you live:
https://dds.georgia.gov/points-and-points-reduction
Usually here, you show up, plead no contest and they lower the fine/no points/add court fees. The court fees + lower ticket get you back to where the original ticket was, but you have no points and don't have to do the school.
The attorney will add you $120 and achieve the same, but you dont have to show up.
Also, if you are showing to court yourself, it might be better to ask for the court date to be changed. The lessens the chances the police officer shows up.
Attorney will be worth every penny as it'll get dropped to something that the insurance company doesn't find out about etc. Very worth it in the long run. Plus you probably don't have to show up in court which is such an unpleasant experience.
We used to wear a shirt and tie - looking respectable to go in front of the judge.
Gang banger nephew down on his luck needs a ride to court. Me being responsible agrees to help. Comes out to get into my car with a white sweatshirt on that has green dollar signs and some stupid gold scepter all over the shirt.
Me the idiot; don't you have to dress up to go to court? No he says, you don't and I'm just getting a continuance. He did and the judge didn't care.
clutchsmoke said:
Attorney will be worth every penny as it'll get dropped to something that the insurance company doesn't find out about etc. Very worth it in the long run. Plus you probably don't have to show up in court which is such an unpleasant experience.
Came to say this. I have gone myself once, I knew the judge so it was going to be ok. I did sit in court for 3 hours of very unpleasant cases. It would have been worth the $150 for a lawyer to not have sat through it. Also not sure it would work out if I didn't have an in.
Appreciate the responses. With a teen son driving on my insurance I'm inclined to spend a couple hundred to avoid higher rates. It's already $500/month. Can't imagine how much they will charge with points added.
02Pilot
PowerDork
5/31/23 7:06 p.m.
How many points is that ticket? Here at least, 2 or fewer points doesn't get reported to insurance.
Contested 2 tickets myself, 1 via ticket attorney, all 3 tickets were related to speeding, last ticket was speeding + tailgating.
The 2 times I contested myself, it didn't work and I ended up getting the points + the fine.
The time I went with the ticket attorney, the tailgating charge got dropped and the speeding fine was lowered. Just my 2 cents, I'd rather pay the ticket attorney over the court.
What benefit is there paying for an attorney to help you reduce your points, when the state tells you exactly how to do it yourself?
Points Reduction
Agreeing with points already made:
- Here in Merlin, running a stop sign won't get you enough points for your insurance company to be notified. Accordingly, paying the fine, taking the points and moving on with your life is a viable option. Just don't get stopped for something else for 2 years.
- For the offense and driving record cited by the O.P., a trip to court, without a lawyer, could result in a reduction of both points and the fine.
- A lawyer should absolutely not be necessary for the situation described.
- When in court, the offender should present themselves as a respectful, repentant (but not over the top repentant), responsible, productive citizen who has learned a lesson and doesn't want to waste the judges time. That usually draws a positive response from the judge who spends most of his/her time listening to people who try their hardest to demonstrate that they are none of those things.
In reply to Driven5 :
According to one of the "schools" it does look like a $95 class could offer a reduction in points. I am not sure whether getting points, having them reported then having them removed after the fact is as clean as never having them reported. I'm glad to be unfamiliar with all this.
The cost of a lawyer vs the cost of raised insurance rates?
In reply to 914Driver :
One time charge versus potential monthly rate that'll stick for a long time.
OHSCrifle said:
02Pilot said:
How many points is that ticket? Here at least, 2 or fewer points doesn't get reported to insurance.
3 points for stop sign
Huh. Here in NY, I think that would fall under 1110(a), Failure to Yield to a Traffic Control Device, which is only 2 points. The only reason I know that is because it is very common for speeding tickets to be reduced to 1110(a) so the municipality gets its money and the driver doesn't see boosted insurance rates (assuming they're otherwise clean). A million years ago, I had a state trooper write me for 1110(a) instead of a 31-over (86 in a 55) because I pulled over when I saw him running speed and knew I was busted. He didn't even have to pull out - just turned on his rollers and got out of the car.
OHSCrifle said:
In reply to Driven5 :
According to one of the "schools" it does look like a $95 class could offer a reduction in points. I am not sure whether getting points, having them reported then having them removed after the fact is as clean as never having them reported. I'm glad to be unfamiliar with all this.
When and where I did it, the class could also the points from ever showing up. I don't know about Georgia though. It's all very state dependent. From a quick Google search, it looks like Georgia treats points separately from record, so I also don't know about how the difference between points and record affects insurance.
The court clerk's office should be able to better answer your questions about how this stuff works, and they're only a phone call away. It seems that would probably be the best way to determine the value (or not) in getting an attorney. In some states they're even able to knock it down to a non-moving violation.
Duke
MegaDork
6/1/23 10:25 a.m.
Does your jurisdiction offer PBJ (probation before judgment)?
PBJ means you go in and accept the charge, but they hold the paperwork for 6 months or some other period. If you get no further infractions in that time, they throw the old offense away like it never happened. If you do get another violation before the PBJ period expires, then both get processed.
Driven5 said:
OHSCrifle said:
In reply to Driven5 :
According to one of the "schools" it does look like a $95 class could offer a reduction in points. I am not sure whether getting points, having them reported then having them removed after the fact is as clean as never having them reported. I'm glad to be unfamiliar with all this.
When and where I did it, the class could also the points from ever showing up. I don't know about Georgia though. It's all very state dependent. From a quick Google search, it looks like Georgia treats points separately from record, so I also don't know about how the difference between points and record affects insurance.
The court clerk's office should be able to better answer your questions about how this stuff works, and they're only a phone call away. It seems that would probably be the best way to determine the value (or not) in getting an attorney. In some states they're even able to knock it down to a non-moving violation.
My only personal experience is from 1989. I was driving a friend home from high school in my gutless supreme - doing dumb 17 year old kid stuff - got ticketed for reckless op (private property).
My friend's father happened to be a local attorney and he got the reckless op ticket reduced to a noisy muffler (non moving violation) and a $35 fine at the time. He did it gratis since I gave his son a ride home.
This time we sent a photo of the ticket to an attorney and await a reply.
Appearance date is in late July so I have a minute to figure out a plan.
Also in NY you can plead guilty on the ticket ogo to court. Sitting in a left turn lane, light changes and the 1st cat in line (I was 2nd) driver kept looking around my car for a gap in straight through traffic; he got in the wrong lane. Rather than get hit by debris, I hooked it up the ramp. Didn't know a cop was car #5. I pulled right over, he asks why I did that and I told him about the guy in #1. "But he was turning up the ramp too". Right, but if he did, wouldn't he be coming along now? He went straight.
Illegal left turn. Not guilty and go to court. Before court, you go into a small room with an overworked lawyer who makes a counter offer; how about a 1201a? Paid a fine + court costs, but no points.