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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 23976
Experience:  9 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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I just received my first speeding ticket doing 91 in a 65

Customer Question

I just received my first speeding ticket doing 91 in a 65 MPH zone
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: New York, on I-81
JA: Do you need to appear in court?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was on my way to school A 4 hour trip, and I got stopped 2 miles from the campus If that helps with anything
Submitted: 1 month ago.
Category: Traffic Law
Customer: replied 1 month ago.
Also, I wanted to know if the police officer that gave me the ticket shows up in court
Expert:  CriminalDefense replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  CriminalDefense replied 1 month ago.

It is certainly in your best interest to retain a traffic ticket defense attorney to represent you. The first thing which they will want to do, is review the face of the citation and see if there is a legal basis to get it dismissed. If not, they will then have to look over the facts of the case and decide if it is in your best interest to work out a plea deal or to take the case to trial and make the State prove the allegation(s) against you. The officer will need to be present. If he/she fails to appear at trial, the case will likely be dismissed, unless a continuance is granted by the Judge, upon the showing of good cause. If the officer does appear, your attorney will be given a chance to cross examine them and attack their credibility. The attorney is going to want to inspect their documents and log book, to make sure that the speed measuring device was properly calibrated, that they have the citation logged and are certified to use the equipment. Moreover, they will question them about their training and experience, trying to create doubt that they may have not known what they were doing and improperly measured your speed. They will also raise any other possible defenses, which you may have, to try and obtain a finding of not guilty.

Customer: replied 1 month ago.
I would prefer to show up in court on my own. I wanted to know if the speeding violation was type 2-radar. Doesn't the officer have to show me the radar clocking me at 91 mph?
Expert:  CriminalDefense replied 1 month ago.

No, the officer does not have to show you the radar when he pulled you over. However, at trial, he would need to bring is log book and certification, to make sure it was documented and the radar was properly calibrate.

Customer: replied 1 month ago.
Is there a plea deal I could possibly make out? Also, my brother uses my car at times and left a strong odor of marijuana from smoking in it. The cop brought it up, but did not search my car. Is this something he can bring up in court?
Expert:  CriminalDefense replied 1 month ago.

Yes, if you do not go to trial, you can ask the court for a plea deal. This is typically done at your first appearance and if you think it is in your best interest, you can accept it. As far as the smell of marijuana, it is not relevant to the speeding violation, so there is no point in him bringing this up.

Expert:  CriminalDefense replied 1 month ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 month ago.
I was just hoping on some more advice on what to do when i go there. I have never been to court before and I am not familiar with the court process. What will occur when I appear before the judge? And how do i ask for a plea deal?
Expert:  CriminalDefense replied 1 month ago.

When your case is called, you will approach. At that time, you can ask the Judge for a plea offer, in consideration of resolving this. The Judge will look over your driving record and listen to any possible mitigating factors which you will present and make an offer at that time. You can accept it, if you want to close this out and think it is in your best interest or simply ask that the case be set for trial and make the State prove the alleged speeding violation against you.

Expert:  CriminalDefense replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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