Speeding Ticket - Part 2

by the Wizard2010-01-28 18:02:29 (edited 2010-02-11 17:07)

In the first part of my speeding ticket narrative, I explained my plan to enlist a local lawyer to help me negotiate a lesser penalty. I was also curious about why the judicial system would entertain a plea deal in a straightforward case like mine. On January 14, I received a letter from the attorney's office that outlined the outcome.

I anticipated that the incorrect address violation would be dismissed, especially since I had sent a registration document showing the correct address to the lawyer and an original to the court. As noted in the letter, my attorney managed to persuade the court to amend the citation from speeding to 'illegal parking.' This change eliminated the points and reduced the fine to $190. I mention 'alleged' because if I had simply accepted the fine by calling the number on the back of the ticket, I would have ended up paying $190 anyway. Given that, everything turned out as expected in the end.

Nonetheless, I remain puzzled about why the judge initially agreed to this plea deal. If I were sitting on the bench, I would take a firmer stance. In such a situation, I would have told the attorney, 'You haven't provided any justification for claiming the ticket was unjust, so there's no basis for lowering the fine. In fact, I might consider increasing it for wasting my time.' I received numerous insights on why judges in Las Vegas commonly dismiss points on traffic violations when an attorney is involved. The primary reasons were:

• Law enforcement is under-resourced, making them depend on speed traps to boost their budget. The judicial system seems more focused on generating revenue rather than punishing reckless drivers with penalty points.
• At all court levels, it is standard practice for judges and prosecutors to work through as many cases as possible by accepting plea deals. Without such settlements, the court system wouldn't have the means to process every case adequately. There is already a procedure to resolve tickets via phone, which reduces the fine while retaining the points. However, if either the defendant or their attorney appears in court, the system often offers a more favorable deal because the accused has raised the stakes by attending in person.
• If the defendant appears before the judge, they could receive the same advantageous deal that an attorney would get. This information comes from Bob Nersesian, the author of a noteworthy guide. People hire attorneys mainly for the convenience of avoiding a lengthy trip to the courthouse. Beat the Players Courts view the inconvenience of appearing in court, along with the costs associated with hiring legal representation, as part of the penalty, making it a tradeoff they are willing to accept to dismiss points.
• I initially sought to expose some elaborate conspiracy, but unfortunately, I didn't succeed. Nevertheless, I hope you've gained some insights from this experience. To conclude, here are some images taken at the location of the ticket. The left image showcases the Buffalo Wild Wings where the officer was stationed. The middle image displays the sign of the shopping plaza where it’s located, while the right image reveals the speed limit sign I overlooked.

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Written by: Michael Shackleford