QUESTION
Should I request a formal or informal hearing?
Asked on Jun 11th, 2014 on Litigation - Georgia
More details to this question:
I got a speeding ticket that I am going to fight. What is better for my case? To request a formal or informal hearing? Are there any websites that have information? Also, what is the procedure? Thanks!
9 ANSWERS
Michael J. Breczinski
With a formal hearing then you get to talk to the prosecutor and can see what can be worked out.
Answered on Jun 16th, 2014 at 8:27 PM
Neither. You need to request a trial. If the cop doesn't show up you win.
Answered on Jun 16th, 2014 at 8:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Consult with an attorney with the facts. It may be worth fighting or seeking a no point plea to protect your insurability and rates.
Answered on Jun 16th, 2014 at 8:27 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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You wouldn't be requesting a hearing in this case. For defending the speeder, the decision is whether or not to proceed to trial, jury or bench.
Answered on Jun 16th, 2014 at 8:27 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Not sure what your understanding is of a "formal" vs "in formal" hearing.
Answered on Jun 16th, 2014 at 8:27 PM
Thomas Edward Gates
Your ticket has a box for you to check that you wish to contest the ticket. This is a formal hearing. If there was mitigating circumstances, you may seek a mitigation hearing.
Answered on Jun 16th, 2014 at 8:27 PM
Adoption Attorney serving Columbia, MS
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Joseph L. Turney Attorney at Law
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You need to plea "not guilty" and request a trial setting in the municipal or justice court where the ticket affidavit is filed.? These are courts of no record meaning no court reporter.? If you want it recorded, you will have to provide a device or hire a court reporter yourself.? A contest will require a formal hearing called a trial.? In the likely event you will be found guilty in those courts, you have thirty days to perfect an appeal from entry of the order of conviction to county or circuit court, which are courts of record.? However, while you can also represent yourself at that level, it is much more difficult as a pro se defendant has to follow the same rules as an attorney in perfecting the appeal and representation and conduct in court.
Answered on Jun 16th, 2014 at 8:27 PM
James Edward Smith
Formal so you can appeal.
Answered on Jun 13th, 2014 at 6:53 PM
Personal Injury Attorney serving St. Louis, MO
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Thomas J. SanFilippo & Associates, LLC
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Don't try to fight a speeding ticket. That's a losing battle every time. I know this is going to rub most people the wrong way, but it's the truth none the less. If you try to fight a speeding ticket (whether you're a lawyer or not) in a trial setting the judge and the prosecutor will be immediately annoyed just by the fact that you're fighting it. In their mind, they will be saying "why is this guy wasting our time stop being a cheap skate and get a lawyer and the lawyer will get a recommendation from the prosecutor to amend to a non moving violation." While this might strike you as abhorrent to the spirit of the American judicial system, it is the reality of municipal law... which is basically designed more to generate municipal revenue than to actually keep people safe on the roads. Let's be honest folks, if you can't safely operate a car at 75mph on the highway, you probably shouldn't have a license to drive. Yet no where in this state is it legal to drive 75 mph.
Answered on Jun 13th, 2014 at 6:52 PM