First time going to court. help please?

Question

so i got charged with an infraction for speeding and a misdemeanor for not pulling over immediately. in honesty i was trying to pull over at a safer place and there was no evidence what so ever that i was trying to "evade the police." i think if i were to explain it to the judge he/she might understand because there is a rule saying that if you dont think the lane is wide enough or safe to pull over at you can find a safer place.

i am going to court to try to get rid of the misdemeanor. But this is my first time so i dont really know what is going to happen or what to do when i get there. do i plead not guilty or no contest because ppl are telling me different things. and will i get a chance to explain to the judge because that is all i really want to do?

Answer 1

Your first appearance in Court will be an arraignment.  You will be advised of the charges, you will have an opportunity to plead, and you will be advised of your Rights.

First, go to the location where you were first caught speeding, during the approximate time and same day when you were pulled over and take some pictures.  Take pictures that demonstrate the number of cars on the roadway, how wide the roadway is, and how much shoulder there is for you to pull over.  Use a tape measure or a vehicle to help show scale in your picture.  (The goal is to show that it would be unsafe to stop)  Second, take pictures of where you actually stopped, and locate the location of the where the cop initially caught you speeding and where you stopped on a map.  Make duplicate copies of all your documents.

Do NOT plead guilty.  After you enter your plea, ask to speak with the DA.  When your with the DA tell him or her what happened, just as you explained here in Yahoo answers.  Show the DA the photographs and the map showing where you were first spotted speeding and where you ultimately came to a stop.  The goal is to show that you continuing to drive on was not an attempt to evade, but an attempt to find a safer spot to pull over.

If you were speeding, then I would suggest proposing to the DA an agreement in which you plead guilty to speeding, in exchange for the DA dropping the charge related to failing to stop.  If the DA will not agree to this, then take the Court appointed lawyer and fight.

The other important part of this is to wear a suit and tie.  If you don't own one, borrow one.  You want to look professional, but don't overdo it by wearing a tuxedo.  Address the judge as Your Honor and anyone else in the Court i.e. the DA and Clerks as Sir or Ma'am.

Answer 2

I am assuming that you just received a citation (ticket) on the side of the road and actually arrested? One poster above me is answering this as though you were cuffed and arrested.

If this is just a citation, as also noted above, dress as though going to Church, have a neat hair cut, shave well and shine your shoes. There is no second chance for a first impression and that impression can make ALL the difference to the Judge when it comes to whether he believes you or an irate cop who will insist you were driving for a mile down the road with her lights on behind you.

By all means, explain that you were looking for a safe spot to pull over. Be polite and respectful to the court and the Officer if questioned. As far as the speeding goes, if you were clocked speeding, you really cant argue that.

You didnt mention what state this is in, but one thing you might look into is driving school, if your state offers it. It is run by the state and it can reduce the points from the speeder. Worth it because it can reduce the amount your insurance will go up otherwise.

Best of luck and I hope this is useful to you

Answer 3

If you had simply put your flashers on and slowed down, the cop would have understood that you weren't trying to get away and that you were just looking for a safe spot to pull over. Methinks perhaps thou art full of bull shite.

* Relax. If you didn't try to accelerate and run off, then the judge isn't going to uphold the evasion charge. He will likely understand that the cop just got impatient waiting for you to pull over. It's only "evasion" if you tried to escape. Can't help you with the speeding part, though.....

Answer 4

jail goodbye