Q: Was given a court appearance for going over 26mph. I got a 15mph ticket 3 years ago. Will I be jail? Do I need a lawyer?
My over 15mph ticket is on record for 2013. The cop told me he could of jailed me if my record was bad for 2016, but gave me a court appearance for going over 26mph. Can I face jail time? Even if no jail, do I still need a lawyer?
A:
Hello Asker,
As you have no doubt read, this offense is punishable by jail. For most practical purposes, it is not a concern you should have. Jail is rarely used as a punishment and it is reserved for habitual or egregious cases. That said, it is still technically, albeit not practically, a risk. Because of this fact, most judges expect people charged with these serious offenses to seek representation because even if you don't have jail, you may still end up with a criminal record if you aren't careful. This is because the offense of traveling 26-34 mph over the limit is a class B misdemeanor.
My recommendation would be to seek a lawyer in this matter and that is fairly standard advice. A lawyer can help to minimize the impact of this offense on your record. Several factors such as driving record, insurance rates, driving privileges, and criminal record all can be affected by this ticket and failing to take it seriously can threaten these. Most lawyers offer free consultations so there is no obligation to reaching out and seeking guidance.
I hope this helps. Let me know if you have any questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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