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Alex J. Esq.
Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 13537
Experience:  Licensed Experienced Attorney/former law enforcement officer
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I recieved a Uniform Citation for speeding in Paintsville,

Resolved Question:

I recieved a Uniform Citation for speeding in Paintsville, Kentucky. I have no idea if the Officer who pulled me over was City or State. He didnt tell me why i was getting pulled over just ask for my information and saw my Uniform and ask where i work at and i told him i work with the Federal Government up at the USP Big sandy. I also told him that my information was in backpack cause i printed it off at work and he told not to worry about it. He comes back around 20 minutes later and doesnt time me anything useful but that he giving me a citation for going 70 in 55 but after i look at the citation more he Citied me for not wearing a seat belt which is not true i was wearing my seat belt and also he citied me for No/Expiration other state reg. What should i do about this?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex J. Esq. :

Hello my name is XXXXX XXXXX I will be glad to answer your question.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Customer:

Hello Alex my Name is Matt

Alex J. Esq. :

Nice to meet you Matt.

Alex J. Esq. :

I am sorry to hear about this unfortunate situation.

Customer:

I appericate it

Alex J. Esq. :

Can you please tell me if the additional 2 citations were given to you on top of the speeding ticket?

Customer:

Violation Code 00499 Statute 189.125 Failure to wear a seat belt

Alex J. Esq. :

Did you also receive a speeding ticket as well?

Customer:

Violation Code 05131 Statue 186.140 No/Expired other state regisatration

Customer:

Yes i do recieve a speeding ticket he put all of this on 1 Uniform Citation

Alex J. Esq. :

So, you got 3 violations on one citation?

Customer:

Yes sir

Customer:

I was wearing my seat belt i dont know why he said i wasnt

Alex J. Esq. :

Do you work for the BOP as a uniformed sworn officer?

Customer:

Yes sir i do

Alex J. Esq. :

Well, thank you for your service.

Alex J. Esq. :

Did you ask this police officer to extend any type of professional courtesy to you?

Customer:

Thank you Sir and your welcome

Customer:

No i did not, He saw me in my uniform and ask me where i work and i told him thats is it

Alex J. Esq. :

I am a former law enforcement officer and I find it strange that this police officer did not offer you professional courtesy, especially if you were in your uniform and did not simply issue a warning to you.

Alex J. Esq. :

So there was no conflict or dispute between you and this officer?

Customer:

I am too and upset about it and stacking the codes up too

Customer:

No i have never meant this officer in my life

Alex J. Esq. :

Do you have any idea as to why you were cited for No Expiration ?

Customer:

Yes, My plates our expired thats my fault. I was looking at the wrong sticker on my car and thought i had till 10/13 to get new plates. I didnt want to renew my plates now cause am moving to south carolina

Alex J. Esq. :

I understand.

Alex J. Esq. :

Well, you would need to renew your plates.

Alex J. Esq. :

That is given.

Customer:

I plan on doing this week am off for the next 2 weeks

Alex J. Esq. :

Also, you can contest the speeding and no seat belt citation.

Alex J. Esq. :

How is your overall driving history?

Customer:

besides receiving a speeding ticket last year i havent had any problems sense being 16 and am 25 now

Alex J. Esq. :

Were you found guilty of the speeding ticket last year?

Customer:

How much do you think all of these citation will cost me if i went to court? and if i didnt go to court how much do you think it will cost me?

Customer:

I didnt go to court to contest it which i should have. I just paid it off cause i was moving and didnt have the time to drive back in forth

Alex J. Esq. :

How many miles over the limit was it?

Customer:

Tonights was 70 in 55. which everybody was going that speed i just had out of state tags

Alex J. Esq. :

I mean prior speeding?

Customer:

I dont remember i think 10

Alex J. Esq. :

Well, at this point I would suggest that you do hire a traffic defense attorney to help you resolve this 3 latest violations.

Alex J. Esq. :

Since you do work in law enforcement and especially for the federal government, you simply do not want to risk getting more points on your license, as such can cause you employment issues down the road.

Customer:

how much does that usually cost?

Customer:

that is true

Alex J. Esq. :

It is hard to estimate, since each private attorney sets his/her own rate, but generally, it should not cost you more than several hundred dollars to address all of these 3 violations.

Alex J. Esq. :

Also, a local traffic defense attorney can approach a prosecutor and explain your situation and negotiate a deal which would allow you to simply pay a small fine and not to have any points added.

Alex J. Esq. :

Does this make sense?

Customer:

I dont have that kind of money right now dealing with a move from kentucky to south carolina

Customer:

It makes a little bit of sense

Customer:

I just dont understand why he would tell me he was giving me citation for speeding and not the other things as well

Alex J. Esq. :

Well, it is up to you and you can also appear in court yourself and try to negotiate a deal where you would plead guilty to only one violation in exchange for no points and to have the other dismissed.

Alex J. Esq. :

I completely agree with you that this officer went far and beyond what was necessary and should have informed you of the other violations he was citing you for.

Customer:

Could i use any of that in court?

Alex J. Esq. :

But, the violations do have to be addressed none the less.

Alex J. Esq. :

Well, it would not really help.

Customer:

ok

Alex J. Esq. :

Since the officer doesn't really have a duty to fully verbally explain what is written in the citations.

Alex J. Esq. :

Also, it would be hard to prove that he did not properly inform you.

Customer:

he did ask me where i work and after that took him over 20 min to come back to give me the citation

Customer:

Dont all cop cuiser have cameras in them now

Alex J. Esq. :

They do.

Alex J. Esq. :

But you would have to pretty much set the case for trial and request video footage and even if it shows that the officer did not explain to you what you were cited for, it would not really help you get the citations dismissed, simply because there is no law that requires the cops to verbally explain the nature of citations that they issued.

Customer:

ok i was just wondering if it would help

Alex J. Esq. :

Also, you can find the officers information on the bottom of the citation.

Alex J. Esq. :

It should state the department, badge number and the last name of this PO

Customer:

It does not have a department on it

Customer:

all it has is his name which i can not read his Badge # XXXXX is #14 and his assignment which is 058

Alex J. Esq. :

interesting, it should have his department.

Alex J. Esq. :

Well, in any case, generally the best thing would be to plead not guilty to the traffic citation and to try to contest the tickets and possibly to negotiate a plea with the prosecutor.

Customer:

where should the department be

Alex J. Esq. :

Since all of the violations are rather minor, this should not be a huge issue to resolve them with the prosecutor.

Customer:

So go to court on my set date and plead a deal with the prosecutor?

Alex J. Esq. :

Correct.

Customer:

how would i go about that? would i have time to talk with the prosecutor to set up a deal/

Alex J. Esq. :

That is generally the best thing to do, if you cannot afford a traffic defense attorney.

Alex J. Esq. :

Does the ticket have a court date?

Customer:

Could i call the prosecutor before my court date and try to plead a deal

Customer:

yes it does have a court date

Alex J. Esq. :

You would have to approach the prosecutor on your court date.

Alex J. Esq. :

You cannot do it over the phone.

Customer:

So i could not call them and set a date up to talk to them in person before the court date

Alex J. Esq. :

Correct.

Alex J. Esq. :

You would show up on your court date, plead not guilty and at that point you should be able to approach a prosecutor.

Customer:

what one should plead guilty too?

Alex J. Esq. :

Generally, it is a good idea to plead not guilty to all of the violations.

Alex J. Esq. :

Also, once you get your registration renewed, you will be able to show the proof of current registration to the prosecutor and explain that it was simply an oversight on your part.

Customer:

I meant after i plead not guilty and i talk to the prosecutor for plead deal what should i ask for

Customer:

Yeah thats what i was thinking with registration

Alex J. Esq. :

Basically, you would want to make sure that if you have to plead guilty to any of the violations, that there would not be any points assessed to your driver license.

Alex J. Esq. :

Points is really an issue, when you work in law enforcement and for federal government.

Alex J. Esq. :

Do you have any related follow up questions for me?

Customer:

OK, so go to court plead not guilty and ask for plead deal that no points agaisnt my record and have them drop the seat belt citation and registration citation and plead guilty to speeding?

Alex J. Esq. :

You would want to negotiate the best possible deal, so you would have to really talk to the prosecutor and see what he is willing to offer and then insist on getting no point, in exchange for guilty plea.

Alex J. Esq. :

So, basically, it is all part of the negotiations and there is never any guarantee as to what you will be able to negotiate with the prosecutor, but it is always worth a try.

Customer:

ok understand would be better to get a trafficer lawyer to talk with the prosecutor?

Alex J. Esq. :

It is always better to hire a local lawyer!

Customer:

good to know i will look into that

Alex J. Esq. :

The lawyer would be familiar with the court and the prosecutor and the likelihood of getting these violations resolved would be increased.

Alex J. Esq. :



You can find an experienced local traffic defense attorney by using this well trusted and reliable attorney information / referral websites:


www.martindale.com


www.lexmundi.com


www.lawyers.com


www.justia.com


I wish you the best of luck and please let me know if you have any related follow up questions.

Alex J. Esq. :

You can check with several traffic defense attorneys and see who can offer you the best rate!

Customer:

OK thank you and will do

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required.

Customer:

Thank you and will do

Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 13537
Experience: Licensed Experienced Attorney/former law enforcement officer
Alex J. Esq. and 6 other Traffic Law Specialists are ready to help you

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