Traffic Violations Legal Questions

the 'failure to appear' is your problem. many judges are upset with your failure and will hold you in 'contempt of court' and fine you $1000-$2000 for the 'contempt. i would have your attorney negotiate with the prosecutor so that the contempt fine is as low as possible. i would make sure that all my other fines and surchages were fully paid and that there were no issues with your 'driver's abstract'. you need a clean record'. please call if we can help. ed dimon 732-797-1600 ext 235... Read Answer

We can potentially help.  It depends on the facts of the case and insurance. We invite you to review our verdicts, our accolades and awards, and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally.  John represents clients in Florida, Georgia and Alabama with passion and compassion and is a Board Certified Civil Trial Lawyer, which means the Florida Bar allows him to be called an expert.  Only a small percentage of lawyers are able to be called an expert in this area.  Give us a call at 904-444-4444 or email John at jmp@knowthelawyer.com.... Read Answer

did you receive a citation ? if so, for what violation ? this would tell you what the officer was thinking. for example, no taillight citation; a speeding citation; failure to maintain lane citation. please call to discuss. i can give you better answers when i have the facts. Ed Dimon, Esq. 732-797-1600... Read Answer

Your ticket is a must appear because of the insurance ticket. That causes both tickets to be "must appear".  If you bring your current insurance card that covers the vehicle itself, the Lake County State's Attorney's Office should dismiss the ticket.  Then you just need to resolve the regular speeding ticket.  If you have minimal prior criminal history, most places will allow you to have supervision.        ... Read Answer

For reckless driving you should consider hiring a laywer because it is a jailable offense.  Jail time is unlikely if this is a first offense and you otherwise have a clean driving record, but a lawyer can negotiate your best deal with the prosecutor ahead of time to keep your fine and points down, which will ultimately keep your insurance rates down. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

You should contact a criminal attorney immediately to ensure you can stop the court process.  You want to avoid having a criminal complaint issue.  That can be done if a clerk hearing is requested.  If the matter is stopped at the clerk level no criminal record will be created.  If a criminal complaint issues a record will be created and you will have to appear before a Judge.  If this is a first offense and you have no criminal record you have a good opportunity of protecting your record. For more information on auto crimes see my website.... Read Answer

You are innocent until you've been proven guilty beyond a reasonable doubt. You have the right to plead guilty, and you also have the right to ask for a trial.  The trial can be a bench or jury trial. A bench trial is a trial in front of a judge, where the Judge will decide whether you are guilty or innocent. A jury trial is in front of 12(ish) members of your County, who will decide whether you are guilty or innocent.  Your friend probably was not permitted to explain her case because it was the wrong time to explain her case.  She does not get to explain her case unless she asks for a trial.  Explaining her case at a regular pre-trial session is her making admissions that she shouldn't be making, so Judges ask them to be quiet in order to not potentially incriminate themselves. Some people believe fighting a ticket on principle is important. Other people don't want to deal with the hassle.  The decision is yours.  ... Read Answer

The minimum penalty will be some sort of fine, plus a conviction on the class A misdemeanor. The maximum penalty will be the maximum on a class A Misdemeanor: Fine of $2,500 and one year in the County Jail. The probable penalty depends on what County you committed the offense in.  Some Counties are willing to work with Defendants, some are not.  You are more likely to get the minimum or below the minimum though than the maximum.  It also depends on what your prior criminal history is. Your license may be in danger. The most common form of endangerment is "too many tickets". If you have been suspended before, you will likely be suspended.  If you have not been suspended before, your license will likely depend on what the final outcome of your case is.    ... Read Answer

you must address the 'failure to appear' which is separate and distinct from the ticket. you can work this out with the court or we can help you. you do not want a 'contempt of court; citation which is $1000. you can then address the ticket or we can help you. our fee for both would ne $2500. ed dimon, esq. 732-797-1600... Read Answer

I would obtain all the required records com the service provider. I would make sure that the records clearly supported your position. I would obtain the Discovery from the Prosecutor. i would show the Discovery and your cell records to an attorney. The attorney can negotiate with the Prosecutor or try the case if the Prosecutor will not dismiss. Ed Dimon 732-797-1600... Read Answer

You are right that you are already fortunate that the officer did not charge you with reckless driving, as they can do when you are driving 20 or more miles-per-hour above the speed limit.  Maybe because you were right on the cusp, they knew that you could probably get that reduced to simple speeding anyway.  It is possible to make a deal with the prosecutor ahead of time to stipulate to a lower MPH in order to lower the number of points you will get on your record, but it depends on the prosecutor and some of them won't even talk to you, if you don't have a lawyer.  That's one advantage to having a lawyer - they can talk to the prosecutor ahead of time and work out a deal for you.   Another thing you can do is have your speedometer calibrated and bring proof of that to court with you. It is not unusual for speedometers to be slightly off and the court can take this into account, if you did not actually know how fast you were going.  It doesn't cost much to have that done. You seem to already have an understanding about taking a driver improvement course to reduce your negative points and build back up your positive points, the main thing here being to take after the points are deducted from your record. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.     ... Read Answer

Obviously it will vary from attorney to attorney and will depend on the facts of your case, whether this is your first offense, and whether you expect to challenge it or work out a plea agreement.  Most lawyers who handle traffic matters will offer a free consultation for this type of case. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read Answer