On a moving traffic violation, what plea can I take so that my ticket is non-reportable to DDS and no points on my record?
My court date has not come up yet, so nothing so far.
Is this a speeding ticket?
This is following too closely in Georgia. No bad weather, morning traffic, and my insurance company has taXXXXX XXXXXability responsibility for the accident. I was a car length to two behind the line of traffic and we were all moving and everyone slammed on their brakes. Very small damage to his car but he has not had it fixed yet.
The police pretty much automatically issues “following too closely” tickets for collisions but that does not mean that such ticket will be ultimately upheld. Follow these steps.1) Plead not guilty.2) Try to plea bargain with the prosecuting attorney right before the hearing. You would have to agree to plead guilty to a lesser offense which carries lesser fine/points or no points. If you are willing to pay a higher fine in exchange for no points, let the prosecutor know your preference. Clean driving record would help. 3) If the prosecutor is not willing to give a deal, the judge likely will if you show up to the hearing to explain the situation, bring up all the mitigating circumstances, financial hardship. The judge will be pleased that your insurance company has taken responsibility, so there is no harm in giving you a deal.4) Even if none of the above works, traffic school may be an option to reduce/erase the points from the record. Traffic schools can be completed online, sometimes for as little as $25, and may result in insurance premiums decrease, as well as point reduction. Paying the ticket off and moving on with your life might not be a bad option, when you factor in the value of time lost on fighting it.You do not necessarily need an attorney, unless you absolutely cannot have this go on your driving record. An attorney would charge you more than the ticket is worth, there is no guarantee of a win and, to be honest, there is nothing an attorney can do that you cannot do yourself. All they usually do is get you a standard plea bargaining deal which you already know how to get anyway. However, many attorneys offer free initial consultation, so you have nothing to lose by calling up a few of them to get some free tips or at least find out where you realistically stand. In evaluating attorneys, make sure they have satisfactory answers as far as plea bargaining strategy, what realistic outcome they expect, experience, etc. To find a suitable paid lawyer at a decent price, I recommend you search Google for your state bar-approved lawyer referral service in your area. Here is one in Atlanta: http://www.atlantabar.org/displaycommon.cfm?an=1&subarticlenbr=46
Thank you, Also, how do you know who the prosecuting attorney/solicitor is before the hearing? I do have a clean driving record for accidents in general, last speeding in early 2007.
If I plead not guilty, but i did hit him on his far right bumper corner as i was trying to miss him and my insurance is willing to pay for his repair, will they say not guilty is not accurate. I have no idea how this really works.
Call the court clerk to find out who the prosecutor is in your case. Some DAs even have traffic plea bargaining forms online. Your good driving record makes you a good candidate for a plea bargain. The state has a burden of proof on all material elements of the offense. That means that the state, not you, has to produce enough evidence to show that you were in fact unsafe. Since the officer did not witness the accident, the other party will, most likely, not be in court, that means there won't be anybody to testify against you. So, your word will count for a lot. Just because you hit the far right bumper and insurance paid out, does not automatically mean a win for the state, especially if you fight and present your side of the story.
The court clerk advised they can not tell me who the prosecutor will be on my case. Also they do not know of any online plea bargaining. Where else could i find if GA uses that type of system. The dmv.org, where i found the just answers link does not seem to know.
GA uses this system but the specific procedures are different from county to county. Sometimes, they offer you options before right the hearing, other times you'd have to approach the prosecuting attorney yourself right before the hearing. It's also possible that some counties do not offer plea bargaining with prosecution for traffic offenses, in which case you'd have to get a deal directly from the judge.
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