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Category: Traffic Law
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Experience:  Over 12 years of business and legal experience.
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Is it possible for a judge to reduce an excessive speeding

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Is it possible for a judge to reduce an excessive speeding ticket to a speeding ticket due to circumstances? Hawaii.
BizAttorney :

Good evening! I can help you out with your legal question tonight. Yes, the judge can take other facts into evidence in order to make a ruling. Have you spoken with the DA with regards ***** ***** reduction yet?

JACUSTOMER-zmgo5hln- :

No I have not spoken to anyone yet and court date set for the 26th. How do I go about contacting the DA? Is he the one who recommends the penalty? I have done research and believe that law states first offense penalties are mandatory, does this mean if found guilty or no contest to excessive speeding judge has no option? So I'm hoping he has power to reduce offense....

JACUSTOMER-zmgo5hln- :

Hawaii has very strict guidelines regarding speeding. In 2004 this excessive speeding bill was passed and put into effect. Intent is to curb excessive speeding and discourage racing on roadways...

BizAttorney :

If you don't have a lawyer, you can call the DA directly and request their discovery packet. Yes, they are the entity who recommends sentence and presses charges against you. Yes, the judge has to stick to the sentencing guidelines, however, he/she can hold you to a lesser offense if the facts so warrant. The DA is the main party that you need to negotiate with though and not the judge.

JACUSTOMER-zmgo5hln- :

So I guess my

JACUSTOMER-zmgo5hln- :

an

BizAttorney :

I didn't get your entire response.

JACUSTOMER-zmgo5hln- :

So my plea is the circumstances I shared with you, I can elaborate much further but it is the honest truth. I'm not sure how fast I was actually going, but I did think I was on freeway. Was I speeding, probably, could they still reduce the offense taking other information into consideration.

BizAttorney :

If you don't have a serious record, then yes, the DA can still reduce the offense after taking the other considerations into mind. It will be completely be up to the DA's office.

BizAttorney :

You can get a public defender also if you have no money.

JACUSTOMER-zmgo5hln- :

My court date is in 6 days. The day after Christmas at 8am on another island. Too late to hire an attorney?

JACUSTOMER-zmgo5hln- :

How do I contact the DA?

BizAttorney :

No not at all. You can find one tomorrow and if you are having problems finding one, then you can request a continuance.

BizAttorney :

I'm sure the number is ***** It will be your county's District Attorney's office.

BizAttorney :

Call and tell them you have a clean record and the charges are very serious.

BizAttorney :

And that you want a plea bargain.

JACUSTOMER-zmgo5hln- :

Thank you sir. This information is going to be helpful for me.

BizAttorney :

You are very welcome! Good luck and have a good night! Please give me feedback so that I can continue to help others.

JACUSTOMER-zmgo5hln- :

You get the happy face....

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