Q: sorry for the misunderstanding i was saying my last ticket i got was 14 months ago and i just got one now
am i still able to get away with i dont want to get the points because that would be suspensions and im not able to do that is there a way for me to plead not guilty or something i have sent the ticket in for a trial yet because i dont know if i should do trial or waiver hearing
A: Any lawyer will tell you to request a trial, because if the officer doesn’t show, you’ll be found not guilty. If you request a waiver hearing, you are pleading guilty, and the officer is excused from appearing. You cannot argue at a waiver hearing that what you did does not meet the definition of what is prohibited by the spinning wheels code section, which you could do at a trial if the officer appears. At either court appearance, however, a judge can grant a probation before judgment and remove any point that results from a guilty finding. That may seem unlikely with your record. However, you might take the Driver Improvement Program and ask the judge to consider that as a reason to grant you a PBJ. But by requesting a trial, you multiply your options of avoiding a conviction and points.
Scott Scherr agrees with this answer
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