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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 7:24 pm to
Posted by Matlock
Perry, GA
Member since Sep 2011
235 posts
Posted on 10/11/17 at 7:24 pm to
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.
Posted by Litigator
Hog Jaw, Arkansas
Member since Oct 2013
7536 posts
Posted on 10/11/17 at 8:37 pm to
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.
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