***HELP*** Got Ticketed, and I have my trial date coming up real soon.

"JohnSmith" > wrote in message
...
> Hello everyone.
>
> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit.

I have only one question. Since you have a learner's permit, which
parent/guardian was in the front seat of the car with you at the time of the
infraction? (Somehow, I think I know the answer to this one.)

If you answer "I was by myself" or "I was with a bunch of friends" - you're
screwed.

--
Malcolm

"JohnSmith" > wrote in message
...
> Hello everyone.
>
> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit.

I have only one question. Since you have a learner's permit, which
parent/guardian was in the front seat of the car with you at the time of the
infraction? (Somehow, I think I know the answer to this one.)

If you answer "I was by myself" or "I was with a bunch of friends" - you're
screwed.

--
Malcolm

In article >,
JohnSmith > wrote:
>Hello everyone.
>
>I got a ticket last week for sppeding. I got what's called a "Uniform
>Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone.

No comment. Well, no 'printable' comment, anyway.

> I do not
>have a license, but a learners permit.

Did this happen with, or WITHOUT, the required 'licensed driver' of the
required age in the right-front seat?

(Why do I suspect that there was *no* 'supervisory' driver in the car?)

> I never got a ticket (Which may
>be the reason I was driving at that speed...)

BZZZZZT! Nope. You were only driving that fast *because* you CHOSE TO
IGNORE THE LAW. You are required to _know_ the law, and to *obey* it.

You _are_ responsible for your actions. You _chose_ to ignore the law.
You gambled that you could 'get away with it'. You *lost*. *YOUR*FAULT*,
nobody else's. *YOU*BLEW*IT*, nobody else

> and I have no idea what
>my options are.

Limited. *very* limited.

You either admit the charge, and suffer the statutory consequences,
-or-
you contest the charge, and 'hope for the best'.

Note: on the face of things, the violation is egregious enough that you have
virtually *no* chance of beating the ticket. You *should* have known what
you were doing. You *should* have known better. I cannot conceive of an
defense that _might_possibly_ be effective.

To contest the charge, you must 'show up' (or be represented by a lawyer)
in the court where the violation occurred. If that is 'inconvenient', *too*
*bad* -- you show up _anyway_.

> On the back of the ticket there is a little form to
>fill out in case I want to plead guilty, and another one if I want to
>plead not guilty.
> There is also an option of requesting a deposition,
>which I don't know what it is anyway.

A deposition is a sworn statement by one of the parties involved, as to
the 'facts of the matter'. In this case, it would _seem_likely_ that this
would be a statement from the officer issuing the ticket, as to the facts
supporting the charge.

> I would like to know what
>happens if I plead guilty, and what will happen if I plead not guilty.

If you plead guilty, a fine is assessed. For the degree of violation involved,
it will be a fairly _large_ one. You pay it, 'promptly', or a warrant is
issued for your arrest. Then you get to sit in jail _until_ the fine _is_
paid. Plus additional fees for 'court costs', etc.

It is said "a fool and his money are soon parted". You *were* a fool to
drive like that. Bring *lots* of money; you'll need it -- several hundred
dollars, _minimum_. And I wouldn't be surprised if it was well over $1,000.

If you plead not guilty, a trial date is set. If you _don't_ show up, a
warrant is issued for your arrest. You risk jail time, *in*addition* to
the fines assessed. Plus additional fees for 'court costs', etc.

The _law_ *is* the law. You, in order to drive, *are* responsible for
(A) knowing what the law says, and (B) *following it. You demonstrated
_conclusively_ that you do *not* belong behind the wheel, because you are
apparently incapable of gathering the required knowledge, or applying it
to your behavior. You _are_ a menace to public safety. You're lucky that
the vehicle you were driving was not *confiscated*.

>On the ticket there is a date when I should appear in court. I do not
>and cannot drive there, because it's like a 5-6 hour drive.

The fact that is is a '5-6 hour drive' is *irrelevant*. You _do_ show up,
regardless of how 'inconvenient' it is (or have a real lawyer 'show up'
_in_your_place_) or you WILL be subject to arrest, and jail time.

Maybe you take an inter-city bus; maybe you get somebody _with_a_license_
to drive you. but you *do* show up. Unless you chose to exercise the
'plead guilty by mail' option, that is.

>BTW, if I plead guilty, what happens? Will I get an amount of how much
>I have to pay? What if I just don't pay it? What happens?

If you "don't pay", a warrant is issued for your arrest. You run the risk
of jail time, plus having to sit in jail until the fine *is* paid, plus
additional fees for 'court costs'.

>Another thing, will I be able to make my licanse now?

You've *GOT* to be kidding!!

No matter what you do, your 'learner's permit' is toast. Being -cited- for
the violation is sufficient to lose the permit.

You won't be able to get -another- learners permit for a significant period.
And you _won't_ be able to get a full driver's license until you get that
new learners permit. Considering the nature of the violation, I'd guess
that you're now at least _two_years_ away from having a drivers license.
(a 'minor' violation kills a learner's permit for 6 months).


*I* would prefer that you 'thumb your nose' at the court, and go to jail.
The roads will be safer for the rest of us -- we can then drive *without*
the risk of encountering you behind the wheel of a motor vehicle.

Oh yeah. Having this violation on your driving record will cost you -lots-
of additional money for auto insurance every year, for many years.

In article >,
JohnSmith > wrote:
>Hello everyone.
>
>I got a ticket last week for sppeding. I got what's called a "Uniform
>Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone.

No comment. Well, no 'printable' comment, anyway.

> I do not
>have a license, but a learners permit.

Did this happen with, or WITHOUT, the required 'licensed driver' of the
required age in the right-front seat?

(Why do I suspect that there was *no* 'supervisory' driver in the car?)

> I never got a ticket (Which may
>be the reason I was driving at that speed...)

BZZZZZT! Nope. You were only driving that fast *because* you CHOSE TO
IGNORE THE LAW. You are required to _know_ the law, and to *obey* it.

You _are_ responsible for your actions. You _chose_ to ignore the law.
You gambled that you could 'get away with it'. You *lost*. *YOUR*FAULT*,
nobody else's. *YOU*BLEW*IT*, nobody else

> and I have no idea what
>my options are.

Limited. *very* limited.

You either admit the charge, and suffer the statutory consequences,
-or-
you contest the charge, and 'hope for the best'.

Note: on the face of things, the violation is egregious enough that you have
virtually *no* chance of beating the ticket. You *should* have known what
you were doing. You *should* have known better. I cannot conceive of an
defense that _might_possibly_ be effective.

To contest the charge, you must 'show up' (or be represented by a lawyer)
in the court where the violation occurred. If that is 'inconvenient', *too*
*bad* -- you show up _anyway_.

> On the back of the ticket there is a little form to
>fill out in case I want to plead guilty, and another one if I want to
>plead not guilty.
> There is also an option of requesting a deposition,
>which I don't know what it is anyway.

A deposition is a sworn statement by one of the parties involved, as to
the 'facts of the matter'. In this case, it would _seem_likely_ that this
would be a statement from the officer issuing the ticket, as to the facts
supporting the charge.

> I would like to know what
>happens if I plead guilty, and what will happen if I plead not guilty.

If you plead guilty, a fine is assessed. For the degree of violation involved,
it will be a fairly _large_ one. You pay it, 'promptly', or a warrant is
issued for your arrest. Then you get to sit in jail _until_ the fine _is_
paid. Plus additional fees for 'court costs', etc.

It is said "a fool and his money are soon parted". You *were* a fool to
drive like that. Bring *lots* of money; you'll need it -- several hundred
dollars, _minimum_. And I wouldn't be surprised if it was well over $1,000.

If you plead not guilty, a trial date is set. If you _don't_ show up, a
warrant is issued for your arrest. You risk jail time, *in*addition* to
the fines assessed. Plus additional fees for 'court costs', etc.

The _law_ *is* the law. You, in order to drive, *are* responsible for
(A) knowing what the law says, and (B) *following it. You demonstrated
_conclusively_ that you do *not* belong behind the wheel, because you are
apparently incapable of gathering the required knowledge, or applying it
to your behavior. You _are_ a menace to public safety. You're lucky that
the vehicle you were driving was not *confiscated*.

>On the ticket there is a date when I should appear in court. I do not
>and cannot drive there, because it's like a 5-6 hour drive.

The fact that is is a '5-6 hour drive' is *irrelevant*. You _do_ show up,
regardless of how 'inconvenient' it is (or have a real lawyer 'show up'
_in_your_place_) or you WILL be subject to arrest, and jail time.

Maybe you take an inter-city bus; maybe you get somebody _with_a_license_
to drive you. but you *do* show up. Unless you chose to exercise the
'plead guilty by mail' option, that is.

>BTW, if I plead guilty, what happens? Will I get an amount of how much
>I have to pay? What if I just don't pay it? What happens?

If you "don't pay", a warrant is issued for your arrest. You run the risk
of jail time, plus having to sit in jail until the fine *is* paid, plus
additional fees for 'court costs'.

>Another thing, will I be able to make my licanse now?

You've *GOT* to be kidding!!

No matter what you do, your 'learner's permit' is toast. Being -cited- for
the violation is sufficient to lose the permit.

You won't be able to get -another- learners permit for a significant period.
And you _won't_ be able to get a full driver's license until you get that
new learners permit. Considering the nature of the violation, I'd guess
that you're now at least _two_years_ away from having a drivers license.
(a 'minor' violation kills a learner's permit for 6 months).


*I* would prefer that you 'thumb your nose' at the court, and go to jail.
The roads will be safer for the rest of us -- we can then drive *without*
the risk of encountering you behind the wheel of a motor vehicle.

Oh yeah. Having this violation on your driving record will cost you -lots-
of additional money for auto insurance every year, for many years.

I'm not an attorney, I just have a lot of experience with fighting tickets
in
MA/NH. I know nothing about NY, all my comments are based on my
experience with MA/NH. For lots of info on fighting tickets, see
www.motorists.com


"JohnSmith" > wrote in message
...
> Hello everyone.
>
> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit. I never got a ticket (Which may
> be the reason I was driving at that speed...)

You just admitted you were driving at 103, not likely to happen, but
if you chose to fight the ticket, and the prosecutor/cop ever saw this
post, you'd basically be screwed.

and I have no idea what
> my options are. On the back of the ticket there is a little form to
> fill out in case I want to plead guilty, and another one if I want to
> plead not guilty. There is also an option of requesting a deposition,
> which I don't know what it is anyway. I would like to know what
> happens if I plead guilty, and what will happen if I plead not guilty.
> On the ticket there is a date when I should appear in court. I do not
> and cannot drive there, because it's like a 5-6 hour drive.

If you have a mandatory court appearance, you have two options,
you show up, or you hire an attorney in that area who may be able to
appear for you (this may differ from state to state, I was able to do this
when I received a ticket in KY but lived in MA). The boxes on the
ticket are if you don't have a mandatory court appearance.

> BTW, if I plead guilty, what happens? Will I get an amount of how much
> I have to pay? What if I just don't pay it? What happens?
> Another thing, will I be able to make my licanse now?
> I live in NY, and the incident occured in NY too.

Again, if you have a mandatory court appearance, you HAVE to go,
and this is where you will plead guilty. What will happen is up to the
judge. What was the charge on the ticket? If you have a mandatory
court appearance, it's likely that it's more than speeding. I'd think
reckless driving or driving to endanger.

You could end up having to pay a fine, or having your permit revoked,
or not being able to get your license for an additional period of time.
Assuming you're on your parents insurance, their rates will certainly go
up. If you're trying to hide this from your parents, forget it. When it's
time to renew their insurance policy, they will receive a contract with
the new rates and an explanation as to why the rates went up.

If you just ignore it, your right to drive will be suspended forever, or
until such time as you take care of this (along with additional
fines/penalties). The court can also issue a bench warrant for
your arrest for failure to appear in court. Nobody will come
after you, but if you are ever questioned by police in the future
and they run a check on you and see a bench warrant, they'll
arrest you at that time.

Your best bet is to face your parents (again, since you have a permit,
I'm assuming you're under 18 and live with them), tell them what happened
and ask for their help in finding an attorney. They're going to
find out anyway and you'll look a lot better being brave enough
to go to them with this rather than having them find out down
the road the hard way and possibly costing them in excess of
several thousand dollars over a seven year period in insurance
surcharges (or until you move out) when an attorney would have
been cheaper.

>
> I really would appreciate your help.
> Thanks in advance.
> John.
>
> (Note: My court date is coming up soon, and I need the info real fast
> please)
>

An attorney (or you if you're a quick study) can file a motion requesting a
new
court date.

I'm not an attorney, I just have a lot of experience with fighting tickets
in
MA/NH. I know nothing about NY, all my comments are based on my
experience with MA/NH. For lots of info on fighting tickets, see
www.motorists.com


"JohnSmith" > wrote in message
...
> Hello everyone.
>
> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit. I never got a ticket (Which may
> be the reason I was driving at that speed...)

You just admitted you were driving at 103, not likely to happen, but
if you chose to fight the ticket, and the prosecutor/cop ever saw this
post, you'd basically be screwed.

and I have no idea what
> my options are. On the back of the ticket there is a little form to
> fill out in case I want to plead guilty, and another one if I want to
> plead not guilty. There is also an option of requesting a deposition,
> which I don't know what it is anyway. I would like to know what
> happens if I plead guilty, and what will happen if I plead not guilty.
> On the ticket there is a date when I should appear in court. I do not
> and cannot drive there, because it's like a 5-6 hour drive.

If you have a mandatory court appearance, you have two options,
you show up, or you hire an attorney in that area who may be able to
appear for you (this may differ from state to state, I was able to do this
when I received a ticket in KY but lived in MA). The boxes on the
ticket are if you don't have a mandatory court appearance.

> BTW, if I plead guilty, what happens? Will I get an amount of how much
> I have to pay? What if I just don't pay it? What happens?
> Another thing, will I be able to make my licanse now?
> I live in NY, and the incident occured in NY too.

Again, if you have a mandatory court appearance, you HAVE to go,
and this is where you will plead guilty. What will happen is up to the
judge. What was the charge on the ticket? If you have a mandatory
court appearance, it's likely that it's more than speeding. I'd think
reckless driving or driving to endanger.

You could end up having to pay a fine, or having your permit revoked,
or not being able to get your license for an additional period of time.
Assuming you're on your parents insurance, their rates will certainly go
up. If you're trying to hide this from your parents, forget it. When it's
time to renew their insurance policy, they will receive a contract with
the new rates and an explanation as to why the rates went up.

If you just ignore it, your right to drive will be suspended forever, or
until such time as you take care of this (along with additional
fines/penalties). The court can also issue a bench warrant for
your arrest for failure to appear in court. Nobody will come
after you, but if you are ever questioned by police in the future
and they run a check on you and see a bench warrant, they'll
arrest you at that time.

Your best bet is to face your parents (again, since you have a permit,
I'm assuming you're under 18 and live with them), tell them what happened
and ask for their help in finding an attorney. They're going to
find out anyway and you'll look a lot better being brave enough
to go to them with this rather than having them find out down
the road the hard way and possibly costing them in excess of
several thousand dollars over a seven year period in insurance
surcharges (or until you move out) when an attorney would have
been cheaper.

>
> I really would appreciate your help.
> Thanks in advance.
> John.
>
> (Note: My court date is coming up soon, and I need the info real fast
> please)
>

An attorney (or you if you're a quick study) can file a motion requesting a
new
court date.

JohnSmith wrote:

> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit. I never got a ticket (Which may
> be the reason I was driving at that speed...)

Knowing where and when to drive significantly faster than the posted
limit is an acquired skill. You need to know where police are likely to
hide and you should be alert while driving. If this was after dusk,
then driving 103 mph is foolhardy due to the fact that you're really
outdriving your headlamps.

> There is also an option of requesting a deposition,
> which I don't know what it is anyway.

IIRC, if you request it, the police agency has 30 days to provide you
with a copy of it. I believe it outlines the case against you. Alex
Rodriguez would probably be able to explain it better.

> I would like to know what happens if I plead guilty,

http://www.state.ny.us. You should be able to look up the relavent
statutes in NY State code or the equivalent.

> and what will happen if I plead not guilty.

They would set a court date. The first may be a preliminary hearing
meaning that you'll have to go to court again for the trial at a later date.

> I have to pay?

If you're convicted. Even if you decide to appeal (and I don't know if
you'd be able to do it unless they have an entirely new trial instead of
one where procedural errors in the first trial were brought up.

> What if I just don't pay it? What happens?

You license will be suspended and a bench warrant in your name will be
issued. That means the next time you're pulled over, you'll be
arrested. It's possible that they'll seek you out and arrest you at
your residence as well.

> Another thing, will I be able to make my licanse now?

It shouldn't go on your record until you're convicted or they receive
your guilty plea.

> (Note: My court date is coming up soon, and I need the info real fast
> please)

Try asking for a continuance, but wait for Alex's reponse because I
don't know how that will affect the 30 day time limit that the police
agency has to provide you with a copy of the supporting deposition (if
you requested it).

You might also consider joining the NMA (http://www.motorists.org) and
renting their legal defense kit, though I'm not sure if you can sign up
if you're under 18.

JohnSmith wrote:

> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit. I never got a ticket (Which may
> be the reason I was driving at that speed...)

Knowing where and when to drive significantly faster than the posted
limit is an acquired skill. You need to know where police are likely to
hide and you should be alert while driving. If this was after dusk,
then driving 103 mph is foolhardy due to the fact that you're really
outdriving your headlamps.

> There is also an option of requesting a deposition,
> which I don't know what it is anyway.

IIRC, if you request it, the police agency has 30 days to provide you
with a copy of it. I believe it outlines the case against you. Alex
Rodriguez would probably be able to explain it better.

> I would like to know what happens if I plead guilty,

http://www.state.ny.us. You should be able to look up the relavent
statutes in NY State code or the equivalent.

> and what will happen if I plead not guilty.

They would set a court date. The first may be a preliminary hearing
meaning that you'll have to go to court again for the trial at a later date.

> I have to pay?

If you're convicted. Even if you decide to appeal (and I don't know if
you'd be able to do it unless they have an entirely new trial instead of
one where procedural errors in the first trial were brought up.

> What if I just don't pay it? What happens?

You license will be suspended and a bench warrant in your name will be
issued. That means the next time you're pulled over, you'll be
arrested. It's possible that they'll seek you out and arrest you at
your residence as well.

> Another thing, will I be able to make my licanse now?

It shouldn't go on your record until you're convicted or they receive
your guilty plea.

> (Note: My court date is coming up soon, and I need the info real fast
> please)

Try asking for a continuance, but wait for Alex's reponse because I
don't know how that will affect the 30 day time limit that the police
agency has to provide you with a copy of the supporting deposition (if
you requested it).

You might also consider joining the NMA (http://www.motorists.org) and
renting their legal defense kit, though I'm not sure if you can sign up
if you're under 18.

(JohnSmith) wrote in message
>. ..
> Hello everyone.
>
> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit. I never got a ticket (Which may
> be the reason I was driving at that speed...)

I don't want to sound flip, but you certainly are sounding that way
yourself. This is no laughing matter; 103 is damn fast, and in some
states would constitute reckless driving per se and would be a
jailable offense. IMO you need to GET YOURSELF A LAWYER before your
upcoming trial date. And, are you sure _this_ ticket lets you plead
guilty by mail and submit a fine, without appearing in court? Even
tho it's printed on their standard "Uniform" ticket form, there may be
a box the officer checked off requiring you to appear. If it doesn't,
it would also have a place where he checked a box stating the amount
of presumed fine which you could pay by mail. If there's none of that
you can see on the ticket itself, IMO you are probably overlooking
something. Otherwise, I don't see much alternative to showing up in
court when required and pleading your case. I'd be real surprised if
this wasn't a "must-appear" offense. I sure as hell wouldn't want
someone who was going that fast on a public road to be able to get off
just by paying a ticket.

BTW, this is probably not the sort of thing the judge likes to see
from someone still on their learner's permit. Be prepared to wait an
awful long time before you get the privilege to drive again, if you
are found guilty, which is pretty likely since your message admits you
committed the offense... so I would advise you keep your mouth shut in
public forums like Usenet and just get yourself a good lawyer.

> and I have no idea what
> my options are.

Your lawyer will tell you.

> On the back of the ticket there is a little form to
> fill out in case I want to plead guilty, and another one if I want to
> plead not guilty.

Which may or may not even be available in your case. It's a standard
form, and if the cop checked the "must appear" box, those options do
not apply to you.

> There is also an option of requesting a deposition,
> which I don't know what it is anyway.

Ask your lawyer. It means "preserved pretrial testimony", in this
case, of any witnesses you may want to call to testify but who can't
appear at trial, or any of the adverse witnesses if you want to find
out what they have to say before trial so you can prepare to rebut
what they will say with your own evidence.

> I would like to know what happens if I plead guilty,

You will get a fine -- probably at least several hundred dollars for
that size of violation, if not a thousand or more -- as well as
possible jail time, esp. if you show the judge the same flip attitude
you are showing here.

You could also lose your privilege to drive for a very long time.

> and what will happen if I plead not guilty.

You will then get a trial.

At which you will probably be found guilty, based on what you said.
At which point, the judge will sentence you pretty much just the same
as if you had pleaded guilty. Maybe even worse, since you had the
temerity to deny guilt in a case that was so blatantly against you.
However, most judges will let you know up front, at the beginning of
the court session, whether they are the kind who are more likely to be
lenient on those who plead guilty and save the state from the time and
effort of trying your case.

> On the ticket there is a date when I should appear in court. I do not
> and cannot drive there, because it's like a 5-6 hour drive.

You got there the first time, didn't you? You may have to take some
time off from work or school to get there again.

> BTW, if I plead guilty, what happens?

You already asked that. See above.

> Will I get an amount of how much I have to pay?

If it doesn't tell you right there on the ticket, you probably don't
have that option of pleading guilty by mail.

> What if I just don't pay it? What happens?

Very, very bad idea. All kinds of bad stuff happens. Your lawyer
can give you more details. How much hassle do you really want to buy
for yourself? You can find quite a lot in this situation if you
choose the stupid response instead of the smart one, let me assure
you. YOUR LAWYER can give you more details.

> Another thing, will I be able to make my licanse now?

Your lawyer can tell you. But it will probably take a lot longer
than it would have if you hadn't gotten the ticket. Here in MD, the
learner needs to have a permit for at least 4 mo. of ticket-free
driving before they can take the test for a permanent license, and if
they get a ticket, the 4 mo. starts ticking all over again. And if
your privilege gets suspended or revoked as a result of what you did,
that time doesn't count toward the required 4 mo. If your license
gets revoked, it could be basically a forever thing. So, it depends.

> I live in NY, and the incident occured in NY too.

It would be a really bad idea to just blow off a ticket that's even in
the SAME STATE where you live. Didn't they cover this in Driver's
Ed, or in the booklet they gave you at the DMV when you applied for
your learner's permit?

And, oh yeah, if you are a minor, it would be a real good idea to tell
your parents about this. Even if you may not like the immediate
result, it would be better in the long run.

> I really would appreciate your help.
> Thanks in advance.
> John.

Good luck. And if they don't keep you off the road for life, for
Pete's sake DRIVE MORE SLOWLY from now on.

> (Note: My court date is coming up soon, and I need the info real fast
> please)

You need to GET A LAWYER real fast. If you can't afford one, you may
have a right to have one appointed by the state. Or get your parents
to hire you one. But IMO it would be real stupid to try this one on
your own.

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.

Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300

(JohnSmith) wrote in message
>. ..
> Hello everyone.
>
> I got a ticket last week for sppeding. I got what's called a "Uniform
> Traffic Ticket". I was clocked at 103 MPH in a 65 MPH zone. I do not
> have a license, but a learners permit. I never got a ticket (Which may
> be the reason I was driving at that speed...)

I don't want to sound flip, but you certainly are sounding that way
yourself. This is no laughing matter; 103 is damn fast, and in some
states would constitute reckless driving per se and would be a
jailable offense. IMO you need to GET YOURSELF A LAWYER before your
upcoming trial date. And, are you sure _this_ ticket lets you plead
guilty by mail and submit a fine, without appearing in court? Even
tho it's printed on their standard "Uniform" ticket form, there may be
a box the officer checked off requiring you to appear. If it doesn't,
it would also have a place where he checked a box stating the amount
of presumed fine which you could pay by mail. If there's none of that
you can see on the ticket itself, IMO you are probably overlooking
something. Otherwise, I don't see much alternative to showing up in
court when required and pleading your case. I'd be real surprised if
this wasn't a "must-appear" offense. I sure as hell wouldn't want
someone who was going that fast on a public road to be able to get off
just by paying a ticket.

BTW, this is probably not the sort of thing the judge likes to see
from someone still on their learner's permit. Be prepared to wait an
awful long time before you get the privilege to drive again, if you
are found guilty, which is pretty likely since your message admits you
committed the offense... so I would advise you keep your mouth shut in
public forums like Usenet and just get yourself a good lawyer.

> and I have no idea what
> my options are.

Your lawyer will tell you.

> On the back of the ticket there is a little form to
> fill out in case I want to plead guilty, and another one if I want to
> plead not guilty.

Which may or may not even be available in your case. It's a standard
form, and if the cop checked the "must appear" box, those options do
not apply to you.

> There is also an option of requesting a deposition,
> which I don't know what it is anyway.

Ask your lawyer. It means "preserved pretrial testimony", in this
case, of any witnesses you may want to call to testify but who can't
appear at trial, or any of the adverse witnesses if you want to find
out what they have to say before trial so you can prepare to rebut
what they will say with your own evidence.

> I would like to know what happens if I plead guilty,

You will get a fine -- probably at least several hundred dollars for
that size of violation, if not a thousand or more -- as well as
possible jail time, esp. if you show the judge the same flip attitude
you are showing here.

You could also lose your privilege to drive for a very long time.

> and what will happen if I plead not guilty.

You will then get a trial.

At which you will probably be found guilty, based on what you said.
At which point, the judge will sentence you pretty much just the same
as if you had pleaded guilty. Maybe even worse, since you had the
temerity to deny guilt in a case that was so blatantly against you.
However, most judges will let you know up front, at the beginning of
the court session, whether they are the kind who are more likely to be
lenient on those who plead guilty and save the state from the time and
effort of trying your case.

> On the ticket there is a date when I should appear in court. I do not
> and cannot drive there, because it's like a 5-6 hour drive.

You got there the first time, didn't you? You may have to take some
time off from work or school to get there again.

> BTW, if I plead guilty, what happens?

You already asked that. See above.

> Will I get an amount of how much I have to pay?

If it doesn't tell you right there on the ticket, you probably don't
have that option of pleading guilty by mail.

> What if I just don't pay it? What happens?

Very, very bad idea. All kinds of bad stuff happens. Your lawyer
can give you more details. How much hassle do you really want to buy
for yourself? You can find quite a lot in this situation if you
choose the stupid response instead of the smart one, let me assure
you. YOUR LAWYER can give you more details.

> Another thing, will I be able to make my licanse now?

Your lawyer can tell you. But it will probably take a lot longer
than it would have if you hadn't gotten the ticket. Here in MD, the
learner needs to have a permit for at least 4 mo. of ticket-free
driving before they can take the test for a permanent license, and if
they get a ticket, the 4 mo. starts ticking all over again. And if
your privilege gets suspended or revoked as a result of what you did,
that time doesn't count toward the required 4 mo. If your license
gets revoked, it could be basically a forever thing. So, it depends.

> I live in NY, and the incident occured in NY too.

It would be a really bad idea to just blow off a ticket that's even in
the SAME STATE where you live. Didn't they cover this in Driver's
Ed, or in the booklet they gave you at the DMV when you applied for
your learner's permit?

And, oh yeah, if you are a minor, it would be a real good idea to tell
your parents about this. Even if you may not like the immediate
result, it would be better in the long run.

> I really would appreciate your help.
> Thanks in advance.
> John.

Good luck. And if they don't keep you off the road for life, for
Pete's sake DRIVE MORE SLOWLY from now on.

> (Note: My court date is coming up soon, and I need the info real fast
> please)

You need to GET A LAWYER real fast. If you can't afford one, you may
have a right to have one appointed by the state. Or get your parents
to hire you one. But IMO it would be real stupid to try this one on
your own.

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.

Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300