Q: What are the chances I would win if I take it to court, (especially given the covid-19 situation).
Cop was driving in the opposite direction and made a U-turn. By the time he flashed his lights, the speed limit had changed from 35 to 45 after a right turn. He claimed I was going 50 in a 35 (before the right turn), but I'm sure I wasn't going more than 45. He did end up giving me a citation for going 10 miles over. This is my first violation and the "deal" the hearing officer offered me was to pay double the fine and not get any new violations for a year to keep it off my record. This is my first violation. It's considered a misdemeanor and I don't want to have to answer "yes" when I'm applying to medical school. Should I just accept the CFR or do I have a good chance at a better deal in court?
A: Most people facing a typical speeding ticket set a goal of keeping a conviction off of their driver's license record. Avoiding a "conviction" will do that. That's because the court will only "certify" a vehicle or driving-related offense to the Minnesota Department of Public Safety in the event of a "conviction." So, a "conviction" is the trigger most wish to avoid. There are a few different ways to avoid a conviction in a speeding ticket case. One of the most common, and in many ways the best, is often called a "Continuance For Dismissal" (or, "Continuance WithOut a Plea" or in some states "deferred prosecution.") A "Continuance for Dismissal" agreement typically includes: no guilty plea, waiver of right to speedy trial, dismissal 12 months after date of agreement filed in court, conditioned on "no same or similar" offenses or violations, and immediate payment of prosecution or court costs. The value of avoiding a conviction is significantly higher than the prosecution or court costs paid. If you have more questions, I invite you to read my web-pages on fighting speeding tickets, or to call me.
A: The CFR would keep it off of your record. That seems like a reasonable disposition. There is no guarantee that taking the matter to court will get you a better result. The COVID-19 issues will not have any effect whatsoever on things. Court dates are simply being delayed because of the pandemic so its not as if your case will simply be dismissed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.