Saturday, 26 July 2014

As I was pulling in to the backlot of my church that im a member of, my tires "sqeeked" because i was low on gas and driving away from a sto...

Question

As I was pulling in to the backlot of my church that im a member of, my tires "sqeeked" because i was low on gas and driving away from a stops sign. There was a cop sitting in the church parking lot and he cited me a reckless driving ticket for 166 dollars. i am 16, driving my moms v8 seqouya and i don't want this on my record. i was told by my peers and adults to take this to court so i did. is there any chance i can win this case?



Answer

I can't predict what the judge/hearing officer will do, but you are allowed to put on evidence that you were not reckless driving. They often cite people for this charge when there is "screaching tires". If you can convincingly tell the judge you were not trying to "punch it" for fun or were not racing, but rather, the vehicle has a v8, a powerful engine and you mistakingly pushed the pedal too hard, the Court may dismiss the case. If you proceed to a trial before the hearing officer/judge, you don't need to be nervous! There is no jury in these cases...you simply stand in front of the bench and tell your side. You can bring a witness if you want. The officer should be there to tell his/her side.

For years I have handled traffic citation cases, among others, and normally, I advise clients not to set the matter for trial, but let us plead No Contest and ask the Court to "withhold adjudication of guilt". If the Court withholds adjudication, this means there is NO conviction. Court costs are usually ordered in those dispositions. It is usually the amount on the back of the ticket. When I represent a very young driver, the Court almost always reduces the amount of the court costs. This is not to persuade you not to go to a trial, you may have a good enough argument to have the cit. dismissed. Good luck. Tom Rosenblum



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