Q:
A month ago I was pulled over on a road with a 50 mph speed limit going 73mph according to the officer’s speedometer. The area were I was pulled over is in a 2 mile stretch without any traffic lights with three lanes on each side. There were no other cars around me, which the officer called out when he was telling me my speed (meaning I couldn’t argue that it wasn’t my car). I’ve been driving for about 10 years and this was my first time getting pulled over and getting a ticket, so I was a bit flustered. I didn’t realize I was going that fast, so I was shocked. The officer was nice and wrote that I was going 73 mph in an 65 mph area.
I was considering just paying the fine and doing traffic school, but after reading more on this subreddit I’m wondering what would happen if I showed up to court on my court date and asked for a point dismissal… or if I send out a TBWD. Is there a possibility that they would correct the speed limit on my ticket to 50mph and change my fine? I’m also really worried about the point. Even if I do traffic school, I’m scared that if I get another ticket in the next 18 months my insurance can be impacted for up to 10 years, if I read it correctly online.
If I do show up to court on the date on my ticket, what does the process look like? From what I read on this subreddit, the arrangements are done prior to speaking with the judge? Do I need to set a time or do I go anytime that day?
Please let me know if I can provide more information. Any suggestions are greatly appreciated!
A:
I was considering just paying the fine and doing traffic school,
You can ask for court assignment to traffic school after losing a Trial by Written Declaration. Or, you can ask for court assignment to traffic school after you lose your Trial de Novo.
If you win either one, you won’t need to ask.
I’m wondering what would happen if I showed up to court on my court date and asked for a point dismissal…
Judges don’t hand out point dismissals. They hand out assignments to Traffic School.
or if I send out a TBWD. Is there a possibility that they would correct the speed limit on my ticket to 50mph and change my fine?
There is zero chance of this. You did not sign a plea bargain agreement, you signed a promise to appear. That’s it.
I’m also really worried about the point. Even if I do traffic school, I’m scared that if I get another ticket in the next 18 months my insurance can be impacted for up to 10 years, if I read it correctly online.
You should be worried. The insurance increase is not small. It is large and painful, way more than the traffic ticket fines.
It behooves you to vigorously contest this ticket as hard as you can. That means a Trial by Written Declaration, and if that’s not successful, then also a Trial de Novo.
If you do not want to make a court appearance, then the bare ass minimum is a Trial by Written Declaration. You can fight the entire ticket by mail. And if you lose, you can ask for traffic school and a fine reduction by mail as well.