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Hey, shmokes, small legal question for you....

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shmokes:
Sorry. Just saw this thread. I don't have advice that hasn't already been covered by TopJimmyCooks better than I would have covered it.

What ark and Howard recommended is silly. Maybe if you feel like your employer is paying you more than you're worth you should request a salary reduction too. Who is to say that the standard fines are reasonable or that they should always be applied uniformly? What if the penalty for going 1-9 miles over is $1000? Do you still pay without fighting since you know you're guilty? What if the fine is $10,000?

We've designed a legal system that explicitly invites you to come and plead your case, and that gives judges the latitude to consider not just the black letter law, but the equity of your situation--the fairness of the law as it applies to the specific facts of your case. There's  nothing wrong with a system that allows authorities to grant leniency based on extenuating circumstances, or cutting you a break based on your past as an upstanding citizen. Imagine how stupid it would be if, as a parent, you had set consequences for every broken rule, regardless of whether the rule was broken deliberately or by accident, regardless of whether there might have been a rather good reason for breaking the rule.

To not take advantage of these leniency mechanisms based on some principle that if you do something wrong you deserve every possible consequence . . . that's just masochism. And stupid. You ought to act in your best interest, and you probably ought not operate under the assumption that the state is infallible--that the cops and the legislators, etc., always get everything right, creating and enforcing rules with perfect fairness, accounting for every possible circumstance.

Of course fight the ticket if you anticipate a better outcome.

atomikbohm:
In some states you can see a Hearing Officer (Minnesota for 1).  These court officers are appointed to elevate some of the volume of cases that go though traffic court. 

1) They are usually faster (if you make an appointment) i.e. an hour or 2 vs half or a whole day in court.
2) Are more interested in getting it over with than nailing you to the cross.
3) Will tell you what options they can offer (like dismissing the charge, allow you to plead to a lesser offense, ect)

My ex-room mate's high school hockey coach was a Hearing Officer for a living and recommended everyone to talk to a hearing office for every ticket. 

If you are having a moral dilemma about challenging any ticket, bear in mind that a traffic ticket is a rare class of crime:
1) You are guilty until proven innocent.
2) Most, not all, crimes if you can prove that your actions were appropriate to the situation (the other guy though the 1st punch) there are mandates for reduced penalties.  Traffic violations, if the officer writes the ticket and you don't fight it, sucks to be you.

<end of rant>

ark_ader:

--- Quote from: shmokes on February 08, 2012, 08:24:44 am ---Sorry. Just saw this thread. I don't have advice that hasn't already been covered by TopJimmyCooks better than I would have covered it.

What ark and Howard recommended is silly. Maybe if you feel like your employer is paying you more than you're worth you should request a salary reduction too. Who is to say that the standard fines are reasonable or that they should always be applied uniformly? What if the penalty for going 1-9 miles over is $1000? Do you still pay without fighting since you know you're guilty? What if the fine is $10,000?

We've designed a legal system that explicitly invites you to come and plead your case, and that gives judges the latitude to consider not just the black letter law, but the equity of your situation--the fairness of the law as it applies to the specific facts of your case. There's  nothing wrong with a system that allows authorities to grant leniency based on extenuating circumstances, or cutting you a break based on your past as an upstanding citizen. Imagine how stupid it would be if, as a parent, you had set consequences for every broken rule, regardless of whether the rule was broken deliberately or by accident, regardless of whether there might have been a rather good reason for breaking the rule.

To not take advantage of these leniency mechanisms based on some principle that if you do something wrong you deserve every possible consequence . . . that's just masochism. And stupid. You ought to act in your best interest, and you probably ought not operate under the assumption that the state is infallible--that the cops and the legislators, etc., always get everything right, creating and enforcing rules with perfect fairness, accounting for every possible circumstance.

Of course fight the ticket if you anticipate a better outcome.

--- End quote ---

And if you lose what then?

shmokes:
Then you pay the fine, get the points, etc.   Jesus Christ . . .

Le Chuck:

--- Quote from: shmokes on February 08, 2012, 03:50:26 pm ---Then you pay the fine, get the points, etc.   Jesus Christ . . .

--- End quote ---

Jeez, what are you a corperate lawyer?  Don't you know about the new financial penalties for exercising your rights by going to traffic court as a concerned citizen thereby wasting the busy judge's time?  Man, get with it.

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