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re: OT: I could sure use some help. Re: my son's speeding ticket in Jefferson County
Posted on 10/11/17 at 5:32 pm to Litigator
Posted on 10/11/17 at 5:32 pm to Litigator
quote:
Do they let non-lawyers represent clients in Georgia traffic courts or do the authorities vigorously pursue those engaged in the unauthorized practice of law?
I've seen some strange things depending on how tight of a ship the Municipal Court Judge runs. Generally, no, you'd be shut down. I have a Judge who lets parents talk on behalf of minors occasionally.
To the OP
Louisville is way out of my range, but it'd be worth it to find somebody to represent your son. You can absolutely get it pled down to a lesser ticket and avoid a lot of consequences if the prosecutor will negotiate a deal and the Judge not reject it. I did one down in Dooly County earlier this year with very similar facts, except it was in Probate Court.
My favorite war story from ticket-lawyering' is a judge in Wilkinson County who makes offenders write an essay about the dangers of their behavior as part of their sentence. It's pretty effective.
Posted on 10/11/17 at 6:31 pm to Matlock
quote:
My favorite war story from ticket-lawyering' is a judge in Wilkinson County who makes offenders write an essay about the dangers of their behavior as part of their sentence. It's pretty effective.
Are younger judges more likely to follow the book?
Old one came up with some pretty interesting solutions.
The worst is a short fuse judge on a bad day. I swear like 15 - 20 years ago a drunk driving arrest got turned into a 99 year sentence. (later greatly reduced, but offend was scared sober).
Posted on 10/11/17 at 7:14 pm to muttenstein
Best advice is to call the court and ask for an extension. Then put your kid in the car and drive your tails down to the Sherrifs office and ask to speak with him. I know him and he's a very nice man. Ask for help after offering to pay the full fine and you will likely be ok. The magic number is / was 14mph or lower to avoid insurance detection. (As long as your kid was respectful) if he wasn't your toast. Hope this helps but I have been out of LE for a long time
This post was edited on 10/11/17 at 7:16 pm
Posted on 10/11/17 at 7:24 pm to Cheese Grits
Anecdotally, I'd say younger judges seem less creative in how they operate. I've had some blow up deals only for me to bind them over to State Court and get the same deal I had worked out before. I've had others let me slide with some deals and then go ballistic over something like a shoplifting case.
One in particular I try to avoid, because every case is an opportunity for a lecture. And it never ends and never does any good. He's a great lawyer and person though, just the lecture schtick does nothing.
My adventures in Municipal Court also include being told I was incompetent and unprepared when I got a 18 year old pretrial diversion for possession of alcohol at a local high school. With a prosecutor who hadn't done a pretrial diversion in a couple of years. The Judge almost blew that one up but didn't.
One in particular I try to avoid, because every case is an opportunity for a lecture. And it never ends and never does any good. He's a great lawyer and person though, just the lecture schtick does nothing.
My adventures in Municipal Court also include being told I was incompetent and unprepared when I got a 18 year old pretrial diversion for possession of alcohol at a local high school. With a prosecutor who hadn't done a pretrial diversion in a couple of years. The Judge almost blew that one up but didn't.
Posted on 10/11/17 at 7:58 pm to muttenstein
I had this happen to me at 20. Nothing a lawyer can do. I was going 91 in a 65 on 400. Anything 24 miles or higher above speed limit is automatic 6 month susp. Sucks for the parents.
Posted on 10/11/17 at 8:37 pm to Matlock
I do think it is best for this type of offense to have legal representation and preferably a defense attorney who frequently handles such cases in that jurisdiction. While the judge can be important it’s been my experience that unless it is something illegal or way out of line the judge will go along with the deal reached between the prosecutor and defense counsel. A lot of clients will place too much importance on the judge when the prosecutor is typically the most important player in the grand scheme of things.
I like to deal with prosecutors with experience in that particular court regardless of age because they are normally easier to deal with. Some of the newer ones can be rigid and afraid to negotiate too much because they think they are doing something wrong and are being too easy.
In a lot of cases I’ll tell clients they are ok representing themselves for minor traffic violations including some of the lower level speeding tickets because it can be cost prohibitive to hire counsel and they may very well end up in the same situation as if they had retained counsel. But when the stakes get higher and you’re dealing with a major traffic infraction or someone who has a CDL and must drive for their livelihood, IMO obtaining counsel is a must. The potential collateral consequences can be severe even though any fine or costs might not amount to that much.
I’m always going to approach the case with the goal of negotiating a civil penalty or municipal ordinance violation to avoid it being reported to Driver Control and driving the insurance rates up as well as adding points to the individual’s driving record. Normally the case is a win if you can get it to that point.
I like to deal with prosecutors with experience in that particular court regardless of age because they are normally easier to deal with. Some of the newer ones can be rigid and afraid to negotiate too much because they think they are doing something wrong and are being too easy.
In a lot of cases I’ll tell clients they are ok representing themselves for minor traffic violations including some of the lower level speeding tickets because it can be cost prohibitive to hire counsel and they may very well end up in the same situation as if they had retained counsel. But when the stakes get higher and you’re dealing with a major traffic infraction or someone who has a CDL and must drive for their livelihood, IMO obtaining counsel is a must. The potential collateral consequences can be severe even though any fine or costs might not amount to that much.
I’m always going to approach the case with the goal of negotiating a civil penalty or municipal ordinance violation to avoid it being reported to Driver Control and driving the insurance rates up as well as adding points to the individual’s driving record. Normally the case is a win if you can get it to that point.
Posted on 10/12/17 at 10:15 am to muttenstein
Figured I owed an update to all of the helpful folks in this thread. And to few the trolls, a hearty Frick you!
Friend of a friend contacted an attorney friend in Swainsboro, and he contacted a public defender buddy who contacted the Jefferson County Solicitor...Speed reduced to 68, don't have to go to court, no super speeder, no points on license. Still have to pay the $1,000 fine, but I will take it!
Thanks again to those offered advice and help.
Friend of a friend contacted an attorney friend in Swainsboro, and he contacted a public defender buddy who contacted the Jefferson County Solicitor...Speed reduced to 68, don't have to go to court, no super speeder, no points on license. Still have to pay the $1,000 fine, but I will take it!
Thanks again to those offered advice and help.
This post was edited on 10/12/17 at 10:16 am
Posted on 10/12/17 at 10:49 am to muttenstein
quote:
Speed reduced to 68, don't have to go to court, no super speeder, no points on license.
That's pretty impressive. A 21mph drop on speed is crazy. Good on ya, though.
quote:
Still have to pay the $1,000 fine
Your kid does, you mean. At least I hope so. Don't be an enabler.
Posted on 10/12/17 at 11:05 am to S1C EM
quote:
Your kid does, you mean. At least I hope so. Don't be an enabler.
Correct!
Posted on 10/12/17 at 11:37 am to muttenstein
Wow that is great news. Didn't think they would drop the super speeder.
I know you are counting your blessings with only have to pay 1k and no points on his license.
I hope your son has learned his lesson.
I know you are counting your blessings with only have to pay 1k and no points on his license.
I hope your son has learned his lesson.
Posted on 10/12/17 at 7:50 pm to muttenstein
OK, my last post in this topic. I forgot to mention that he was on his way to Athens to join my wife and I for the MSU game when he got the ticket. He told the cop that he was trying to get to the UGA game, hoping the cop was a UGA fan.
Just got this reply from the attorney in Swainsboro who helped him after I told him what the public defender had told me, and that, of course, I still had to pay the fine...
"I know that's right. I'm glad he kept his license. If he has any other mishaps this way, send him to us. We are always glad to help out...especially Dawgs. He might be the 1st person I've ever seen with "headed to a UGA game" on a ticket".
Just got this reply from the attorney in Swainsboro who helped him after I told him what the public defender had told me, and that, of course, I still had to pay the fine...
"I know that's right. I'm glad he kept his license. If he has any other mishaps this way, send him to us. We are always glad to help out...especially Dawgs. He might be the 1st person I've ever seen with "headed to a UGA game" on a ticket".
This post was edited on 10/12/17 at 7:58 pm
Posted on 10/12/17 at 8:39 pm to muttenstein
Good news. Just be sure to tighten the reins just a little so the son learns a lesson. Put some minor restrictions on him for the rest of the school year and make him understand that if he goofs up again he'll be walking around campus and mom and dad will be driving his car until graduation.
Posted on 10/13/17 at 1:19 am to muttenstein
quote:
Speed reduced to 68
quote:
Still have to pay the $1,000 fine
1 more mph and you kid would have spent a grand to 69
Posted on 10/13/17 at 2:40 am to S1C EM
[quote]m relatively certain that this is only true if pleading no contest to felony charges, not misdemeanor traffic violations.
[/quote
Good deal. I knew about the rule change but didn’t know the exact stipulations.
[/quote
Good deal. I knew about the rule change but didn’t know the exact stipulations.
Posted on 10/13/17 at 5:08 am to Litigator
quote:
But when the stakes get higher and you’re dealing with a major traffic infraction or someone who has a CDL and must drive for their livelihood, IMO obtaining counsel is a must.
You ever deal with a Florida CDL holder? They got some crazy rules down there. Have to do backflips to save those licenses when they get tickets in Georgia.
To the OP:
Good result. In line with what I would have expected if you had retained counsel. Only thing I would suggest you watch for in the next few months is making sure the clerk of the court doesn't transmit the ticket to DDS. It happens sometimes even when you have negotiated a deal and resolved the ticket. Less than 1% of the time, but it can happen. Just have your child check with DDS in a few months to make sure there isn't anything on his record. It costs, I think, eight bucks for the report but it is a lot better way to find out a problem than getting a ticket for driving on a suspended, etc.
Again, the likelihood of that happening is very small. I've only seen it happen once in five years of practice. It was pretty easy to fix, too.
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