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Dwayne B.
Dwayne B., Attorney
Category: Traffic Law
Satisfied Customers: 33404
Experience:  Began practicing law in 1992
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My wife who has a clean record..never had any violations of

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Hi,My wife who has a clean record..never had any violations of any kind, just got a speeding ticket the other day. She was driving 70mph in a 50 mph - on a highway in NY.How do we go about this to avoid any points on her license?Please guilty or not guilty? What process should we follow.Thanks,MJ.
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 9 months ago.

The first thing you can consider doing is turning this over to a lawyer who will get it handled. He will do this by threatening and preparing for a trial and then getting a plea bargain that he wants and that results in a plea that does not put points on the license.

She can try this herself, she can call the prosecutor ahead of time (not the judge!) explain that she has never had a ticket, and ask if she can get a "pretrial diversion", a deferred adjudication, or take defensive driving to prevent a conviction. any of those will result in a no conviction finding and thus no points.

The chances are better that she will get one of these options if she uses an attorney but certainly people get these every day without a lawyer. However, if she tried to handle it herself and the prosecutor doesn't agree then he isn't likely to agree if she then hires a lawyer so the lawyer will be forced to take it to a trial. Once prosecutor has said no, they don't like to change their minds.

If she pleads guilty without a plea bargain in advance then the judge will find her guilty and won't give her much of a sentence, likely a small fine, but she will get the points.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 9 months ago.
how does she call the DA? Is there a contact?Also, if she pleads not guilty and gets a trial date..is this where the chances of getting no points are?
Expert:  Dwayne B. replied 9 months ago.

She can call the clerk of the court and they will have the number for the prosecutor.

If she is representing herself the DA will either agree to the plea bargain initially or they will refuse and then she will have to go to trial and get a not guilty. If she handled it herself the DA is not going to be afraid to take the case to trial with her representing herself.

Expert:  Dwayne B. replied 9 months ago.

I don't want to make it sound like there is no chance of the prosecutor agreeing to the plea bargain, because they do it all the time.

Customer: replied 9 months ago.
far we just have the yellow piece of paper which is the ticket. How do i know where to call?
Expert:  Dwayne B. replied 9 months ago.

There is usually a number and address on the back of the ticket for how to contact the court. If it isn't there then just Google the court.

Expert:  Dwayne B. replied 9 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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