Bump.

Update?

I finally heard back from NOLA traffic court. (If you call it goes right to voice mail and you wait for them to call back.) At first a guy told me I was going over 20 mph and it was a mandatory court appearance but it was doing 19 over so I called back then next day and it turns out. If your doing anything OVER 20 mph (speed limit) you go to court.

The court date listed on the ticket is December 30th which is a Sunday, so I asked when was my real date and was told Feb. 16th... I was stunned, I said Did you just say February?!? But I can show up anytime before then and talk to the asst. D.A. and I guess plead guilty or whichever.  I have an Uncle who is an attorney that is trying to pull some strings which prob. won't go anywhere. In which case I might hire an attorney if it's worth it.

I started doing some research on the statues which I'm charged and found an interesting state statute.
http://www.legis.state.la.us/lss/lss.asp?doc=77282
Section J states, "J.  Whenever two or more misdemeanors or ordinance violations are joined by affidavit or information for trial in the Traffic Court of New Orleans, the maximum aggregate penalty that may be imposed shall not exceed a fine of five hundred dollars or imprisonment for six months, or both. "

Which leads me to believe they can't charge me more then $500 bucks. I'm no attorney so that might not apply but I'm printing it out if I go down there. So long story short, nothing much new to report. I'll keep things updated.

-Ash

An attorney would help but, really, had you not been speeding and had you gotten your inspection tag and had you not been reckless enough to not even know where you were then you likely wouldn't have gotten a ticket.  I'm not saying I don't speed...I actually average 10 over just about everywhere...but speeding in a school zone is absolutely deserving of no sympathy.  It doesn't matter if anyone was there or not...but since you managed to not notice the "school zone" sign I wouldn't toss out your ability to "not notice" the pedestrians either.

I have to concur, your looking at a $610 ticket, just take it. Its not a life changing sum of money, its not a whole lot more than $500. If you argue this case they will just tear you apart in court, they ain't guna be interested in someone who is trying to wangle out of a relatively insignificant amount of money. If you argue it you havn't got a leg to stand on and the worst thing you could do in a situation like this is tell them what they can and can't do. Just accept the ticket because if you bring up the you can only charge me $500 or 6months time or both then theyr'e likely to just give you both.

Quote from: ashman on December 06, 2007, 12:54:13 AMWhich leads me to believe they can't charge me more then $500 bucks. I'm no attorney so that might not apply but I'm printing it out if I go down there.

I didn't see this last night...I still maintain no sympathy for you, but I can tell you this is absolutely, profoundly, actually, a bad idea.  Breaking down and crying before the judge would be a better idea.

i dunno. some mitigating circumstances may apply. i was in southeast texas about 6 or 7 years ago visiting a friend. travelling through the school zone, (school has just let out). now, speed limit was posted at 25 or so. car in front of me a good 3 car lenths ahead. car behind me is about to rear-end me because they're so close to me. cop, standing next to his car with his radar gun out in the parking lot. points to me, yells for me to pull over. i consider gunning it.  i didn't however. he gave me a ticket for doing 35 in a 25, speeding in a school zone, and no inspection sticker. now, bear in mind, at the time, i lived in Kansas, so had no reason to have a Texas inspection sticker in my window! he singled me out because of the sticker i bet. claimed i was speeding etc. i'm thinkin its cuz of my car. i was driving a 1967 Plymouth Fury III.  my speedometer didn't work correctly but i know for a fact i couldn't have been doing ten over, if i was, the guy behind me was doing 15 over! i even explained to him i was on my way to get my bags and leave town, going back home. he didn't care. i couldn't make it down for court so I called the D.A's office, explained it to them. he threw out the whole ticket just based on the fact that the officer wrote me up for no inspection sticker when i was from outta town.  miracles happen. 

I put the first 2000 miles on my gs with no tag. Across 4 states. Only in FlorBama did I get pulled over. The cop was nice enough. I explained  I was moving, had no trailer, just bought the bike a week before, WASNT SPEEDING, and had insurance.

He explained he noticed no tag, and wanted to make sure it wasn't stolen. My pregnant wife pulled alongside about then, and he shook my hand, said "Ride safe" and left.

Some of them rock. 

Quote from: Kasumi on December 06, 2007, 04:18:13 AM
If you argue it you havn't got a leg to stand on and the worst thing you could do in a situation like this is tell them what they can and can't do. Just accept the ticket because if you bring up the you can only charge me $500 or 6months time or both then theyr'e likely to just give you both.

Actually the ticket is more like $710 now, I found out school zones double the speeding fine. If you really think its not worth it to bring up that statue you're out of your mind. Its a LAW, why the hell wouldn't I enforce my rights. Thats just stupid. Our legals system works both ways, while the government has more power to screw us the people. We the people do have rights which we can enforce. If I am correct in my understanding of that statue then BY ALL MEANS I will bring it up.

Quote from: makenzie71 on December 06, 2007, 10:20:55 AM

I still maintain no sympathy for you, but I can tell you this is absolutely, profoundly, actually, a bad idea.  Breaking down and crying before the judge would be a better idea.

I agree, a child's well being is priority one at all times. I drive down that road on a regular basis and know the area where the school is located and do slow down. The problem is their are TWO school zones. The first is located around the school and ends 50 or so yards down the road. Then about 25 yards down from there a SECOND one begins and lasts for less then a block. This second school zone HAS NO SCHOOL or area for children to be picked up, or play ground. It is simply a normal residential block and that is where I got pulled over not by a school.

To go even further, I would have no problem paying the ticket under normal circumstances. Except that I JUST graduated and am currently looking for a job and have very little cash in the bank, plus the cost of living in NOLA is sky high. Like I said, I don't mind getting a ticket, I just don't think it should cost me a months salary.

-Ash

I'm going to leave the appropriateness of the punishment aside, as it has no bearing on the overall facts.

DISCLAIMER:  I AM NOT AN ATTORNEY...............YET.
I don't know how NOLA law works, I do however know that the judicial/penal system is quite different from the rest of the states.   Every state has unique twists on the law but LA goes a step beyond.  The difference between you making an argument and a Bar admitted attorney making the exact same argument can be all the difference in the world.  Also, just having an attorney can often time make a difference well before you go to court.  When you hire an attorney, the first thing he is going to do is call the DA and get the facts from his side and see if they can work something out to save everyone some time and money.  Very few attorneys enjoy arguing over minor traffic violations in court.  It's not an efficient use of time.  With a ticket that large, i would absolutely hire an attorney.  The one thing to remember is that you are being charged with a misdemeanor and in most of the country that means they CAN imprison you for up to 1 year if found guilty.  Is it worth 1 year of your life to try and save a couple of bucks?  I'm not saying that is a likely punishment, however it is allowed for.

Quote from: ashman on December 09, 2007, 07:09:22 PMTo go even further, I would have no problem paying the ticket under normal circumstances. Except that I JUST graduated and am currently looking for a job and have very little cash in the bank, plus the cost of living in NOLA is sky high. Like I said, I don't mind getting a ticket, I just don't think it should cost me a months salary.

-Ash

It's the accumulation of tickets that's costing you a month's salary...not just one ticket...and, again, had you been paying attention and obeying the laws you wouldn't be in that situation.

And Kasumi is right...you're not...you, simply, do NOT try and tell a judge how things work.  You think the paper ticket is steep?  That's not the maximum punishment for such an offense and they will not hesitate to drop the book on your ass if you push the wrong buttons.  If you're going in there solo, your only hope to come out smoothly is to walk in, insert the judge's testicles into your mouth and draw upon them succulently until he says when.  You think you got a shot at getting it dropped or lessened you'd best approach with a lawyer and let him run his mouth.

Quote from: makenzie71 on December 09, 2007, 09:29:56 PM
It's the accumulation of tickets that's costing you a month's salary...not just one ticket...and, again, had you been paying attention and obeying the laws you wouldn't be in that situation.

And Kasumi is right...you're not...you, simply, do NOT try and tell a judge how things work.  You think the paper ticket is steep?  That's not the maximum punishment for such an offense and they will not hesitate to drop the book on your ass if you push the wrong buttons.

Obviously, the combination of offenses that has raised the penalty sky high. Yes, if I had been paying attention I wouldn't of gotten a ticket. What is your point?

Again, I agree its unwise to smart mouth a judge. I never said I planned on going to court and doing that. I have the option of meeting with the asst. District Attorney.  In which case,  depending on the way things turn out, I may get his opinion and he can say yes your right or no that does not apply. Either way, it is not a bad idea. I've talked with the D.A. before over a previous ticket and the man was quite reasonable. I have known many people that have gone to court and explain the situation and the judges and D.A.'s are quite professional and courteous.

I get the feeling like your trying to push my buttons Mak, I don't quite get it. I agree with all your points so then you try to come up with other things to rub in my face. Anyway, this is silly. I'll post again when something happens.

-Ash

Whoops, double post.

[/quote]
I've talked with the D.A. before over a previous ticket and the man was quite reasonable.

[/quote]

That doesn't set off any bells??  The DA's job is to ensure that the law is carried out in a fair and just manner.  Fair and just can be giving someone a break once, however, it is not continually bargaining with someone. 

I know you've heard the adage 'Justice is blind'.  This applies not only to race, sex, and religion, but also to current financial situation.  It's not the DA's or the Judge's problem that you are currently in a bad financial situation and relying on getting their pity is a very poor choice.  It is also, in my opinion, undignified.  I'm going to stay off this topic, also, as I have some very strong opinions on people asking the government for help financially.  We live in a capitalist economy, the only thing keeping you from making good money is yourself. 

I'm not trying to sound like an ass, but there comes a point at which you have to man up and face life head on.  Maybe, you should consider moving into a better job market. 

I'm not trying to "rub things in your face", but you're continually coming up with bad ideas.  You need a lawyer if you want to get shaZam! dropped, but do whatever you want.

So nearly four months later I FINALLY had my court date today. I thought about going down to the court house before my date and talking with the D.A. but decided to just wait for my day in court. To prepare I printed out the statue that says you can't be charged more then $500 for your first offense and took a picture of my brake tag.

Thats all the prepping I could think of to do so I went down to the courthouse and handed my summons to a deputy then had a seat. A lady called my name, I assume she was the judge but could of been the DA or clerk of court, I don't really know.

I told her what the ticket was for as she looked over it and she asked if I had a brake tag now. I showed her the picture and she said she would go ahead and knock it down to a non moving violation and she said to have a seat. I didn't really understand what happen next another lady called my named and handed me a piece of paper and said all charges have been dismissed, have a good day. I was in shock, I asked how much I had to pay and where to go. She said, you don't have to pay a thing.

I didn't see the cop anywhere I dunno if that is why. Or if she is just the coolest lady ever. But anyway, my $700+ dollar ticket ended up costing me a few bucks in gas.

-Ash

what a stroke of luck

sweet !!!! congrats...

WHEW!!! glad to hear it.

Sweet vindication (after the hard time everyone was giving you)!  Now, don't speed in school zones! 

I hope 4 months anxiety over the prospect of losing an entire month's income was enough to wake you up to the fact that you need to pay attention to your driving and not roll around on autopilot.

Repeat after me...

"No more brain farts, my inability to drive in an attentive and conciencious manner could result in the the death of another human being or child."

Fack I sound like an old codger now.....

Just be fully aware of your surroundings at all times while driving please.

I don't even care if you use a cellphone while driving as long as you are able to make the focus of your attention your driving.