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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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Good afternoon, I am Daniele XXXXXXXXXX, a PhD student at

Resolved Question:

Good afternoon,

I am Daniele XXXXXXXXXXX, a PhD student at UCSD (CA). One month ago I got a ticket for speeding in the city of Pahrump (NE). I have been pulled over by a police car because the speed limit was 35mph and I was driving at 55mph. The fact is that in that piece of road the speed limit drops suddenly from 55mph to 35mph, a typical speed trap. That day I have been driving all day through the Death Valley, it was 9.30pm and I was tired so I was checking the speed limit on the GPS. For that road the GPS didn't show any speed limit, so I didn't notice the change. The police pulled me over and said my speed was 56mph, even if according to me it was 55mph. Later I discovered that from 55 to 56 there is a big difference because I entered the range +21-30 over the limit and the ticket increased. Besides, I showed him my italian driver's license which I've always being using in California and the officer replied that it is not a valid driver's license, so he charged also for driving without a valid driver's license.
Since it is my first infraction ever, not only since I came to US, I was expecting just a warning and I think the officer has been extremely severe. Besides, I learnt from DMW that driving with my italian driver's license is fine.
Wnat I wanted to know is first if I can move the trial to San Diego, since going to the Pahrump Justice Court will be too demanding for me; second if I can fight both parts of the ticket. The global amount of the ticket is 550$, but I am more afraid of spoiling my record in case I will apply for a green card later.
Thank you for all the support you could give me.

Best regards,

Daniele XXXXXXXXXXX
Submitted: 1 year ago.
Category: Criminal Law
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am sorry to learn of your experience. To address your specific questions:

1. You cannot move to the trial to San Diego. The charges must be addressed in the Pahrump Justice Court despite the inconvenience to you (there is no legal authority for the case to be moved on such grounds).

2. Yes, you can fight/dispute both parts of the citation. When you go to court and check in, ask the clerk where to go to meet with the prosecutor. Meet with the local prosecutor and s/he will likely offer you a plea agreement that will not spoil your record. Especially since you do not have any priors.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.
Customer: replied 1 year ago.

Good afternoon,


 


Thank you for replying so soon. Now I still need a little bit more detail. What I would like to know is if my italian driver's license is a valid driver's license in Nevada and the officer has just been unfair to me. Besides, I would like to know the actual odds of having my record clean and a reduction/cancellation of the ticket (one or both parts).



Thak you very much,


 


Daniele


 

Expert:  JB Umphrey replied 1 year ago.
According to the Nevada DMV, "Yes, Nevada honors licenses and permits issued by the appropriate government agency in another state or country. An International Driver License is not required for foreign visitors." You can print off this link and take it to court with you http://www.dmvnv.com/faqs.htm#

The local prosecutor has 100% discretion as to what type of plea offer it will make with you. The law does not require the officer to give you a warning on a speeding charge. If the speeding ticket is valid, most prosecutors will offer you a plea agreement to a reduced amount of speed -- they won't dismiss the whole thing.

A speeding ticket will not impair your later ability to get a green card.

~~ J.B.
Customer: replied 1 year ago.

 


Thank you again for your reply,


 


I have just one more final question. I don't know the costs related to the trial, considering also that I have to drive from San Diego. According to your experience do you think that having the second "unfair" part of the ticket canceled and the first part reduced are worth the trip and the expenses for the trial?


I know that this is non exactly a "canonical" question, so feel free not to answer, I am planning to give you the highest rate anyway, since you have been the only resource I could rely on.


Thank you very much for all the help you provided.


 


Daniele


 

Expert:  JB Umphrey replied 1 year ago.
I always think that it's worth going to court to negotiate less severe consequences. I fully expect you to resolve your ticket with the prosecutor and, thus, there won't be a trial.

~~ J.B.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and other Criminal Law Specialists are ready to help you

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