Q: Haven't gotten any tickets since 2009. I got a speeding ticket, 80 in a 55. Should I plead guilty/traffic school?

A: Hello Asker,

No, you should not plead guilty and request traffic school. The high rate of speed in this case increases the probability that you will be denied court supervision by mail. That said, should you choose to represent yourself, you can reach a resolution that involves a court appearance. If you choose to take this route, I would like to caution you regarding a few points. First, DO NOT MAIL THE TICKET IN WITH A PLEA OF GUILTY. This is almost guaranteed to result in supervision being denied because your speed is so close to the class B misdemeanor limit. Mailing in the ticket with a request for court supervision will very likely result in you receiving a conviction. The impact of this is that it appears on public records available to employers and insurance agents. It also counts as a points offense on your license which can result in suspension if further offenses go on your record. The specifics of this depend on your age and the types of future offenses. If you would like further clarification, a phone call to my office for a free consultation would be the best way to answer further questions as the nuances of points offenses are difficult to discuss in detail via email.

Second, do not argue over the ticket. If the officer gave you a ticket for 80 in a 55, he was very likely giving you a break. Appearing in court upset or otherwise disgruntled can result in the officer changing his tune and issuing tickets on the day of court for previous offenses is possible. Additionally, the prosecutor is within their authority to deny supervision if they so choose even if you are eligible. Because of this, I do no recommend being difficult with the prosecutor or officer in court.

Lastly, as I mentioned, you should not mail the ticket in. Instead, you should seek a court appearance and follow the instructions printed on the ticket for doing so. This will allow you to have the best opportunity to secure court supervision because court supervision by court appearance is more readily granted than by mail on such serious violations. For context, were you traveling one mph faster, it would be a jailable misdemeanor offense.

All this said, hiring an attorney is optional though there are benefits to doing so. Aside from the benefit of having the experience of counsel at your side, the nature of this offense is such that an attorney can appear for you on your behalf and arrange court supervision in your absence. This allows you to not miss work or vacation/sick days making retaining counsel a much more affordable option.

Whatever option you choose, I wish the best for you. If you have any other questions or know of any persons in need of traffic assistance, my office is available by phone for additional consultation.

Sincerely,

Jason A. Wilkins

Attorney at Law

(630) 445-2293