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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 01:52 PM
Original message
first time in court on Monday...what can I expect?
facing charges of Driving While License Suspended...any tips?

theProdigal
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cdsilv Donating Member (883 posts) Send PM | Profile | Ignore Wed Sep-15-04 01:54 PM
Response to Original message
1. Dress nice, be very polite and...
wear a suit & tie if you have one. Do you have a lawyer?
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 01:56 PM
Response to Reply #1
2. no lawyer
i have come to terms with the worst case scenario should it occur (steep fine). I have a meeting scheduled with the solicitor and all my documentation related to the charge. I hope that will be enough...

theProdigal
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:00 PM
Response to Reply #2
7. I don't want to start an argument about the good/bad of lawyers
since I am married to/work for one (in the office right now in fact)

Have you reviewed the lightest/hardest punishment? Can an explanation be made on why you disobeyed the law? Can an agreement be entered into to keep you from receiving any further suspensions?

Judges/prosecuting attorneys are people just like you and me. If you are polite and reasonable, they (for the most part) will be too.

Good luck
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:03 PM
Response to Reply #7
9. Yes, I have reviewed the good, the bad and the ugly
and there is no level of punishment that I am not ready to accept should it not go my way. And I have some documentation that should bolster my defense. Should go well...but am prepared for the worst...

Thanks!
theProdigal
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Mojambo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 01:57 PM
Response to Original message
3. When I was dealing with a DUI a few years back
the one thing I remember is that nothing ever seemed to happen.

I'd go in on one day thinking that this would be the day that something would happen and then there would be a continuance for another few weeks.

It was really unsettling and frustrating.

My advice? Bring a book. Courthouses are not known for fast moving action.

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dave123williams Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 01:57 PM
Response to Original message
4. Show respect to the Court...judges have no sense of humor.

1. Dress nice.

2. Be polite.

3. If you can document anything in your defense, do so. It's all about what you can prove to the Judge. Your opinion, your point of view really don't matter. It's about what you can prove.

4. Get a lawyer. Anybody representing himself has a fool for a client.

5. Pray to G-d the cop doesn't show.
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 01:59 PM
Response to Reply #4
5. small town...the cop will show
and I would not disrespect the Court. I have some defense...but it could still fall flat...we shall see. Worst case scenario won't kill me...just be a pain.

theProdigal
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:04 PM
Response to Reply #5
10. Remember...it's not JUST the fine.
I don't know what state you're in, but most states have some form of DMV or DOT that is an administrative angency working outside the realm of the Courts.

The judgment in your case will also create action withing the DMV/DOT agency. THAT can be much worse than the fine the Court will impose. You'll want to try to work with the Court or the other agency to see that your suspension isn't for any longer (or not for much longer).
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dave123williams Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:04 PM
Response to Reply #5
11. Ouch...oh, one thing I forgot to mention...

Always address the Judge ONLY. If the cop, or anybody else says something outrageous, or untrue, make sure you don't address your side of things to anybody but the Judge. He/She is there to hear the case.
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:06 PM
Response to Reply #11
13. the Cop was very professional and polite
I don't expect anything less in court. There is not real dispute in what occured...just why (and that is between me and the state of NC)

theProdigal
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UrbScotty Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 03:35 PM
Response to Reply #4
24. "No sense of humor" - except when duck hunting with the defendant
:crazy:
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DelawareValleyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:00 PM
Response to Original message
6. Few tips
Edited on Wed Sep-15-04 02:01 PM by DelawareValleyDem
Never interrupt anyone. You'll get your chance to speak.
Be calm if things don't go your way.
When asked questions, completey answer what is being asked but err on the side of caution when volunteering anything additional.

Good Luck

On Edit: inserting missing word



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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:02 PM
Response to Original message
8. Look up the Code Section...
Edited on Wed Sep-15-04 02:03 PM by Hepburn
...under which you were charged so at least if you say something, you know what you are talking about. You probably are not going to be able to win this one because either you had a valid license or you did not - no excuses are usually accpeted. That is why I said read the code section - the only way out of the charge may be found there - but don't hold your breath. Why was your license suspended? Look up the code section that deals with any underlying charge as well. Getting a lot of info is usually a good thing.

If you plan to enter a guilty plea, find out the ramifications of doing so BEFORE you do it. What is the fine? Is there an impact on the cost of insurance? Is it considered a moving violation? etc. If it is a criminal charge, you may be eligible to consult with a PD if you cannot afford counsel. So, if in doubt, before you do anything - seek legal counsel. AGAIN: SEEK LEGAL COUNSEL. Except for what I set forth below as my final comment, this is probably the best advice you can get.

And the biggest piece of advice: If your license is still suspended....DO NOT DRIVE YOURSELF TO COURT!!!
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:06 PM
Response to Reply #8
12. Hahaha....that has happened to my husband too many times to count
n/t
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LynneSin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:07 PM
Response to Original message
14. You can't imagine the difference it makes with how you dress
The one time I went to court for a speeding ticket, I wore a nice outfit and ditched the flashy jewelry I was wearing at the time (This was the late 80's). The judge must have had a string of kids coming to court for drug issues and all those kids dressed like hoodlums to boot. I think the judge was just happy to see one person show up that day who didn't look like he/she would rob 7-11's

I don't know what you look like, but whatever your style of clothing, jewelry, hair, etc - for one day keep it conservative. First impressions make a big difference with judges even though they really shouldn't judge a book by it's cover.

And btw, make sure you iron the clothes to boot!
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:09 PM
Response to Reply #14
15. This thread is making me nervous...
How many of us have been to Court? Please tell me it's not a prerequisite for being a DU member?? :evilgrin:
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:10 PM
Response to Reply #15
16. well, it wasn't in the registration form :-)
and I have been here almost a year and have not YET been to court :-)

theProdigal
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mrboba1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:12 PM
Response to Reply #15
17. I think if you are an American, you have to have had to at least
go to traffic court.

(2x for me!)
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LynneSin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:31 PM
Response to Reply #15
20. I wouldn't panic, I'm sure most have been there for traffic tickets
unfortunately my traffic ticket was held in the same court they do youth drug offenders

:shrug:
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:54 PM
Response to Reply #15
21. I have been to court about 3,000 times.
I am a lawyer!
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Debi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 03:07 PM
Response to Reply #21
22. Hear Hear for all Lawyers....
At least for the ones who put food on my table!!!
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Anaxamander Donating Member (550 posts) Send PM | Profile | Ignore Wed Sep-15-04 02:20 PM
Response to Original message
18. I fought the law and _I_ won!
The one and only time I went to court was to contest a parking ticket.

This was a ticket issued to me on the campus of Valdosta State University in Valdosta, Georgia. The thing is, there was a no parking sign that said "No parking from 11 PM to 12 AM." Obviously, the sign was printed wrong, so I parked there at 8 AM and got a $25 ticket. If it was now, I'd probably just pay the money, but I was poor as hell at the time and simply couldn't afford it.

Luckily, the cop wrote exactly what the sign said on my citation, so when it was my turn all I had to do was explain that the sign was in error, not me. The judge was very gracious and understanding, and I won. It was my first ticket of any kind, and I beat it. 1-0 in court. Still haven't gotten a single ticket three years later.
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bif Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 02:26 PM
Response to Original message
19. Expect to be flogged
Or at least pistol whipped.
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-15-04 03:18 PM
Response to Original message
23. ONE KICK for any more ideas
and then we'll let it die. Thanks to all for the hints and tips...

theProdigal
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telamachus Donating Member (279 posts) Send PM | Profile | Ignore Wed Sep-15-04 03:47 PM
Response to Original message
25. You Need a lawyer.. if not expect to
have your license revoked. The you must have a Lawyer to get it back.
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