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Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 101594
Experience:  Private practice
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My daughter is 17. She WA driving home from a school event;

Customer Question

My daughter is 17. She WA driving home from a school event; she had gotten her feelings hurt and thought she was ok. She had a meltdown and started crying. She unintentionally exceeded the speed limit, and got stopped for 20 over. Should she ask for a mitigation hearing to get the violation reduced? She has had a tough year socially and is pretty fragile emotionally..
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ely replied 1 year ago.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating 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.
I am sorry to hear about this. Can you please tell me if she has had any previous traffic convictions?
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.
No this is here only violation... clean record
Expert:  Ely replied 1 year ago.
Thank you.
Most people in her position would seek a plea deal.
Why?
Well, simply pleading guilty in court or sending in a guilty plea plus payment means not only an economic fine, but also points on record (which can translate into higher insurance premiums).
Since this is his first traffic offence and it is so minor, the prosecutor is very likely to offer a plea deal such as deferment or safety class to drop the ticket. That means no points, even if some administrative costs.
She loses nothing by seeking out a plea deal.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating 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.
Customer: replied 1 year ago.
So you would check mitigation box, and she can just tell her story to the district court judge.... and worse case the violation will the same...
Expert:  Ely replied 1 year ago.
No. See here. Mitigating still means GUILTY.
I would plead NOT GUILTY, and then set it for a hearing. There should be an opportunity to speak with the prosecutor before trial to then come to an agreement.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.