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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 27692
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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Laser tagged 57mph in a 35mph speed area. There was a Nissan

Customer Question

Laser tagged 57mph in a 35mph speed area. There was a Nissan Sentra infant of me and I drive a Porsche, we where going about the same speed. Can I be targeted because I have a Porsche?
JA: What state was the citation in? And have you consulted a local attorney?
Customer: Hawaii and I didn't consult one.
JA: Do you need to appear in court?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Two officers, looks like one is a rookie and there was another training.
Submitted: 12 days ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 12 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Anti-discrimination laws protect a person from being discriminated against because of their race, ethnicity, sexual orientation, or religion. There is unfortunately no specific law that protects a person from discrimination based on what type of car they're driving. When two cars are both speeding, and police are only able to stop one of them, they're allowed to pick whichever one they want, as long as their reasoning isn't based on illegal profiling of the driver. The fact that you have a faster car than the one not stopped is unfortunately not a defense, and neither is that the other car was going faster. Keeping up with the flow of traffic is never a defense to a speeding ticket.

What you can do is plead not guilty and request a trial where you force the state to prove that you were speeding, and that you were going 22 mph over the speed limit. It is also possible to go to court and ask them to reduce the fine, which they will usually do.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 12 days ago.
O.K That makes sense. If I where the police officer, I would have picked the faster car. Now in the State of Hawaii, I have three choices to choose from and I have make the decision within 21 days. 1. I admit the infraction and pay the fine. 2. I deny committing the infraction and I request a hearing /or write a statement to contest the infraction. 3. I admit committing the infraction and I request a hearing /or write a statement explaining the mitigating circumstances.If I choose a hearing I wouldn't do option 1 but consider option 2 or 3. If I pled not guilty as you suggest, I would opt for option 2, right? Since I would request a hearing and the state is required to prove the infraction, I can request a "Request for Discovery" letter? Also, I understand there is a Probation before Judgement (PBJ) I can request? I am just trying to consider my options, your help would be greatly appreciated. Thank You.
Expert:  Lucy, Esq. replied 12 days ago.

Yes, if you want to dispute the ticket, that's option #2. Option 3 gives you the same points but a lower fine. You are allowed to request discovery if you're going with Option #2.

Probation before judgment is typically reserved for first time misdemeanor offenses. That could be an option if you'd been charged with excessive speeding or reckless driving, but usually isn't used for regular speeding tickets. You can ask the judge if probation before judgment is available when you go in to deny the charge.

Customer: replied 12 days ago.
If excessive speeding and reckless driving is a misdemeanor, what is a regular speeding ticket? My last speeding ticket was back in 2008, would I still be able to request a probation before judgement if it is available to me? Will I get points if I pled guilty, if so how many points?
Expert:  Lucy, Esq. replied 12 days ago.

A regular speeding ticket is an infraction, which is below a misdemeanor. When PBJ is available, having prior traffic tickets shouldn't make a difference as long as you haven't done it before.

Hawaii doesn't use a point system, but your driving record will note the conviction.

Customer: replied 12 days ago.
Thank you Lucy, I will keep you posted on what I will do. I have 20 days to respond. If I rate you now, can I still keep this dialogue open or by rating you now, I would have to create a new dialogue?
Expert:  Lucy, Esq. replied 12 days ago.

You can rate now and still return to this page later with follow-ups.

You're welcome, and good luck.

Expert:  Lucy, Esq. replied 11 days ago.

Do you have any other questions about this?