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CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 27567
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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Evening. Sadly last week I received speed ticket in

Customer Question

Evening. Sadly last week I received speed ticket in Yemassee, SC for 75 in 60 mph zone. Was traveling back from Charleston holiday w/my lady&son going to Savannah airport.
JA: Has a court date been set?
Customer: We are from Boston & would prefer no points on driver license. Not much to argue about as I was going over 79. Officer stated I was going 83 & was surprised. Anyhow, court date set for 10a on 11/17/16. Your thoughts pls.
JA: Do you need to appear in court?
Customer: Patrolman said NO if wished to plead guilty & pay fine. But ticket does Summon me to appear before the trial court!
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well, is this a good time or best to do on a Monday?
Submitted: 10 months ago.
Category: Traffic Law
Expert:  CriminalDefense replied 10 months 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 10 months 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 10 months ago.
Thought there was a standard procedure for asking for leniency per speeding. However, there was one odd element to stopping. Officer was surprised that I would ask for what RADAR used after he gave me ticket..and advised me did I understand that he had lowered the ticket speed below 80. He basically intimidated & would not tell me RADAR type.
Anyways, is there a procedure to ask for court understanding per ticket?
Customer: replied 10 months ago.
Sorry, don't want to spend further in this way. But thanks.
Expert:  CriminalDefense replied 10 months ago.

The officer should have wrote on the citation, the device he used to measure your speed. Moreover, in court, if you go to trial, he would have to appear and testify to the same and provide documentation to show he is trained and certified in using it and it was properly calibrate.

Customer: replied 10 months ago.
Ticket does say no appearance required. But does not state RADAR make. Just Violation Sec. No: 56-05-1520(G) / 2101.
Expert:  CriminalDefense replied 10 months ago.
Thank you. You could just pay it and not appear but points may be assessed. Paying it is an admission of guilt so that is why I shared possible retaining counsel to contest it and appear on your behalf. Moreover if there is nothing on the face of the citation the attorney could argue and try and get it dismissed
Expert:  CriminalDefense replied 9 months ago.

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