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Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 86564
Experience:  Private practice
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Good Morning- My son wants to know if it makes

Resolved Question:

Good Morning-







My son wants to know if it makes a difference that the misdemeanor is marked on the ticket instead of the violation box. He also wants to know if you have any idea what type of fine he will be looking at.







Thanks for all your help.







Tammy
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ely replied 1 year ago.
Hello Tammy. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

It makes no difference that the misdemeanor is marked on the ticket instead of the violation box - the ticket is still deemed valid.

He also wants to know if you have any idea what type of fine he will be looking

A fine from $30 to $200 plus court costs. However, malicious misuse of license plates may have one's license suspended.

It is a good idea to plead NOT GUILTY and then perhaps retain counsel.

First of all, understand how this works. At this point, he has three options.

Options
1) simply send in the fine (automatic guilty plea), or plead guilty at first appearance and pay the fine; OR

2) plead not guilty and the matter will be reset to trial. If the matter is reset to trial, then one can normally request a jury trial, and retaining counsel is best. Of course, by retaining counsel, he ends up paying close to what one would with the ticket.

3) Informal negotiation - we will get to this in a moment.

Prosecutor's Leverage
If this case gets to trial, the prosecutor is likely to call the officer who will make an appearance and explain what he feels happened. He may or may not bring his dashboard camera tape that can also show what happened, if there is one. Normally, the Judge (or Jury, if one has a jury trial) takes the word of an officer over the Defendant.

Your Son's Leverage
The prosecutor is normally very backed up. They are handling literally dozens of cases at once. Setting a matter for trial - jury trial, more so - is a serious issue since they have little time to prepare, file the proper motions, and generally make room for the trial to happen.

Negotiation
Recall how I had mentioned negotiation as one of the options. Very often, individuals in his situation are given a "plea deal," if he has little/no traffic record. Individuals in his situation are very likely to be offered two possibilities:

1. Deferred Adjudication (which dismisses the charge if one simply is not charged/convicted of anything else in 6 months to a year, but, pay court costs); or
2. Traffic school (although some Courts do not have this as an option).

He can always ask for even a more favorable plea deal, including a "non-moving" violation, that would be less of a fine and not count as points. If the prosecutor agrees, then this is a good deal.

Now, at time of first hearing, the Prosecutor is likely to be faced with dozens of angry Defendants. Ergo, they may respond more favorably if he (1) calls and find out the prosecutor's number from the court, and then call the prosecutor and ask for a quick "meeting" to discuss the case wherein he can explain the mitigating factors and ask for a non-moving violation, or even for it to be simply dropped; or (2) plead not guilty first, and then approach them when they seem less busy in Court.

This is very likely to end up in a settled agreement.

Of course, if this does not work, his only other option is to indeed set it for trial and play his leverage. Doing so may have the prosecutor reexamine their offer to him.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

So this is still considered a class B traffic violation? My son was thinking of contacting the court to see if he can just pay the fine, is this a good idea?


 


He also had an issue a few months ago for driving with an expired temp tag, I believe this was dropped to non moving violation. If he was able to plea down the charges will the original charge still show on his record?


 


Thank you

Expert:  Ely replied 1 year ago.
Hello,

So this is still considered a class B traffic violation?

Yes.

My son was thinking of contacting the court to see if he can just pay the fine, is this a good idea?

Not really, in that simply paying the fine makes him GUILTY and he may be assigned points on his license. It is best to plead NOT GUILTY and then negotiate a deal (per above).

He also had an issue a few months ago for driving with an expired temp tag, I believe this was dropped to non moving violation. If he was able to plea down the charges will the original charge still show on his record?

No - only whatever he pleads to will.

Thank you

You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Customer: replied 1 year ago.


How likely is it that his license will be suspened?

Expert:  Ely replied 1 year ago.
Can you tell me about the misuse of license plates - what is the story behind this?
Customer: replied 1 year ago.

About two weeks ago he put on the tags that were in the back of the vehical when he bought it. He was pulled over last Sunday and was issued a ticket for:


 


42-3-121 (1)(a)


Failure to produce valid registration was on the first line and on the second line was (misuse)


 


The vehical was impounded.

Expert:  Ely replied 1 year ago.
Ah, thank you.

It is very unlikely that the vehicle would be suspended unless he knowingly and maliciously faked the license plates in any way. So unless this happened, it is unlikely.

However, it is still best to plead not guilty and to negotiate an agreement.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 86564
Experience: Private practice
Ely and 9 other Traffic Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.
Customer: replied 1 year ago.
My son wants to know if there is a risk of his license getting suspended
Expert:  Ely replied 1 year ago.
If he is convicted of the charge or pleads guilty, then yes, there is a risk, I am afraid.
Customer: replied 1 year ago.
Even if he has a clean record?
Expert:  Ely replied 1 year ago.
Yes, indeed. So it is best to negotiate this down, as described, and/or get an attorney to help minimize the damage.

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