Q: Is there a way to make a deal with the judge to get waived out of getting points from a speeding ticket?

A: Requesting a waiver hearing means that you're excusing the Officer from appearing in court and essentially pleading guilty with or without an explanation - but hoping your appearance (or that of an Attorney who can appear with or without you) will obtain a more favorable disposition than simply paying the ticket. If you pay the ticket, you've pled guilty, are found guilty and will receive the point(s) associated with the violation. By requesting a trial (or a waiver hearing) you at least preserve the right to address the judge and seek, if appropriate, Probation before Judgment, which is a special disposition in which the Judge withholds the guilty finding from your record and thus, because there is no "conviction," the MVA will assess no points against your record. PBJ is not automatic; it's imposition depends on several factors, including but not limited to the nature of the offense, your past driving record, whether you were polite and cooperative with the Officer, to name a few. An attorney can prove helpful in obtaining that result, particularly if your response to one or more of the factors listed above are not favorable.

A: Always request a trial. If the officer does not show, you will be found not guilty. You can always change your plea to guilty if the officer shows and has the certified calibration records for the radar/lizar device used to clock your speed (those records are needed to prove the device was functioning properly with accurate results). This is a 5 point offense, and will trigger an MVA point system conference if convicted, plus of course your insurance rates will jump up if not result in cancellation. Hiring a lawyer would be helpful; however, you can improve your chances by taking and completing (or offering to complete) an MVA-approved Driver Improvement Course. The list of approved courses are on the MVA website. The judge can choose in his/her discretion to grant you a "probation before judgment" (PBJ) if you are found guilty, which will strike the conviction (meaning it will not appear on your driving record, and you get no points); alternatively, the judge can reduce the speed over the limit to a 1 or 2 point offense, instead of 5 points. The fine on the ticket is there for prepaying the fine without court, which will result in a conviction and 5 points. At a trial, the judge can impose a fine anywhere from zero to $500, plus assess the court costs and crime victims fund fee, which add another $35 or so. Usually, however, judges impose smaller fines than those on the ticket.