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Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 86584
Experience:  Private practice
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I got a speeding ticket while driving on suspended license

Resolved Question:

I got a speeding ticket while driving on suspended license in powell county ky. It was in my mothers car in dont want her to lose her insurance and I don't want to go to jail. What can I do ? What's going to happen tomorrow in court ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ely replied 1 year ago.
Hello friend. 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.

I am very sorry for your situation. Can you please tell me:

1) What state is your license originally from - KY or GA?
2) Is tomorrow your first appearance in Court?
3) Can you afford counsel, or likely not?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
1.ky
2. First appearance
3. I can afford a down payment and a payment arrangement but its to close to court date to find a attorney now I think.
Expert:  Ely replied 1 year ago.
Thank you for your reply, friend. Please, allow me just a moment while I am typing out your answer...
Expert:  Ely replied 1 year ago.
Friend,

What's going to happen tomorrow in court ?

Understand that tomorrow will only be one of several appearances in Court. If it is the first appearance, it is called an "arraignment," wherein one makes a plea, and someone in your situation may wish to plead NOT GUILTY. As such, this will reset the matter to give you time to find counsel, or if you cannot afford one, to ask the Court for an attorney. If you do, the Court will quiz you on your finances and determine whether or not you qualify for public appointment.

Once the Court is reset (either with you being appointed counsel, or, asked to find counsel), it will be reset several times to give time for you and the prosecutor to come to an agreement. In other words, what will normally happen at least 1-2 times is that you will have a court setting, your attorney and the prosecutor will touch base, negotiate, and the Court will be reset (again). Within this time, you can take a negotiated plea, or, take your chances at trial. The Court will want you to make your decision typically by fourth or fifth setting. So this may go on for a while.

It was in my mothers car in dont want her to lose her insurance and I don't want to go to jail. What can I do ?

Your mother is unlikely to be touched by this matter, or her insurance, as you were the driver, and not her.

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 you have a jury trial) takes the word of an officer over the Defendant.

Your 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 your situation are given a "plea deal," and in fact, about 90% of traffic matters and other driving-related matters are handled this way. The prosecutor is likely to offer a plea deal and it may or may not be a good deal for you to consider.

According to § 186.620, a first offense of driving with a suspended license is a Class B misdemeanor which is 0-90 days in jail and an additional six months of license suspension.

I am guessing that you were arrested when this happened. If so, then very likely, the prosecutor is going to offer "time served" for the arrest as part of a plea deal and/or a reduced charge. You need to allow your attorney to negotiate for you. Very likely, there may not be jail time. But the prosecutor is not even likely to negotiate with YOU directly unless you have counsel, so you need to either get one, or have one appointed.

But to answer your question as to what to do - someone in your situation may wish to:

1) Plead not guilty;
2) Ask for an attorney appointment; and
3) Ask for a reset to speak with your appointed attorney, or, to find counsel yourself if denied public appointment. The Court should oblige.

Then, allow for the attorney to negotiate for you.

May I recommend the KY Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

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.
I was not arrested the officer just gave me a ticket for 70 in a 55 and driving on suspended license. Then got someone else to drive.
Customer: replied 1 year ago.
Don't you think the judge will throw the book at me if I say I'm not guilty when I am guilty ? I mean I did drive the car , I was speeding but like I told the officer I was just keeping up with the other cars. He said they wasn't going that fast but I was the last car and I was only a car length behind the other car.
Expert:  Ely replied 1 year ago.
Friend,

Thank you for your reply. Well even if you do not have a few days of "time served," the point is that the Prosecutor is likely to come to a negotiated settlement where jail will not be an issue - have your attorney negotiate for you and tell him that your number one priority is to avoid jail. Honestly, a lot of times, the first matter does not even include jail time in the plea deal.

Don't you think the judge will throw the book at me if I say I'm not guilty when I am guilty ? I mean I did drive the car , I was speeding but like I told the officer I was just keeping up with the other cars. He said they wasn't going that fast but I was the last car and I was only a car length behind the other car.

It is standard procedure to plead NOT GUILTY and then to negotiate. If one pleads guilty, the matter is OVER.

Not guilty means you then either negotiate a plea bargain, or take chances in trial. If you and the prosecutor come to an agreement, the Court should honor it. If you take your chances at trial (not recommended, but have your attorney advise you), then the Judge will NOT throw the book at you for simply pleading NOT GUILTY - the vast majority do and you are expected to do so. For example, if you refuse to answer, the Court will enter "not guilty" for you.

So doing so will not "enrage" the Judge, so to speak.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.
Can or will you look up what my records show ? please ... Is there any way to get around the court ordered 52 driving classes that was ordered 7 years ago ? The reason I'm asking I can stay here in ky and work but the job will be 6 days a way 6am to 5:30 pm.. If going back to Ga the job ill will be going back to starts at 7 am and almost never off work til dark. Independent landscapers but I have to work 6 days every hour. There are only 4 of us . I have a 15 month old baby and wife I have to support .. No matter what I do I'm letting someone down . The only thing I know is my baby comes first and she has to eat.. Can you give me any ideals on what to do about the seven years .. My s.s munger is XXX-XX-XXXX .. Can you please look it up and see what it tells you about getting my license back.. Please don't tell me to get a attorney to ask this. I feel like I'm backed into a corner .yes 7 years ago my first wife left me while I was at work, she called my job told someone in the office to tell me she was leaving me. I was hurt , mad got out did something's I m not proud of but . 7 years is a long time not to drive..A old classmate after his 7th (yes 7th) got to retest and get his license back after 6 years but I never get that kind of break like i said before one had 3 DUI s then wrecked his truck overdose while driving. Lost his license for 30 days then he was right back on the road... Can you please look it up advise me ( not about getting a attorney ) tell me if there is anything I can do to get around the 52 classes that was ordered 7 years ago in April. .? Then ill rate you and stop bugging you ..
Expert:  Ely replied 1 year ago.
Friend,

I am sorry, I have no means of looking up your record. There is also no way to "get around" said classes, I am afraid, if they were ordered 7 years ago.

And you are not bugging me. Do not say that. I am here for you, so please ask as much as possible.

There is no way around this, I am afraid. At this point, you have to complete these classes to have the license reinstated. You are indeed backed into a corner, but there really is no way otherwise. Even if you retain counsel (and you should, at least for this matter), they would tell you the same thing.

I wish I had better news here.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 86584
Experience: Private practice
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