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Ever been contacted by a defense attorney asking you to amend a speeding ticket?

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  • Ever been contacted by a defense attorney asking you to amend a speeding ticket?

    ...to either drop it or to amend it to something non-moving?

    The attorney says the offender is a disabled retiree on a fixed income with a clean record and a wife that's gone through nunerous cancer surgeries, and is asking for some grace here- he has no defense to the ticket.

  • #2
    Can't say I have. But for me, even if the did, there's not really anyhing I can do once the ticket's been issued. About all I can do is remind them of the court date and time.

    In the past I worked for a small department where the chief set up alternative arrangements to make tickets go away. This was most often the case for kids getting underage drinking tickets and after the kids (with parents) came in for a personal meeting with the chief. Most often the chief assigned some community service time and a stipulation of no tickets of any kind for the next 12 months.

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    • #3
      Here I can amend or request dismissal of a citation if I realize I made an error of law or fact.

      In this case, that doesn't seem to apply. My advice would be to appear and ask the prosecutor for leniency.

      the offender is a disabled retiree on a fixed income with a clean record
      Yet he can afford to pay lawyers to make phone calls.
      "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

      "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

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      • #4
        Can't do it in my state. Amending a ticket here requires writing a letter to the court advising that the officer made an error in issuing the citation and asking that it be dismissed. Doing so when that is not the case involves falsification of public documents, a felony. No one is going to risk their career doing that just to make a stranger happy.
        Going too far is half the pleasure of not getting anywhere

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        • #5
          Originally posted by Aidokea View Post
          ...to either drop it or to amend it to something non-moving?

          The attorney says the offender is a disabled retiree on a fixed income with a clean record and a wife that's gone through nunerous cancer surgeries, and is asking for some grace here- he has no defense to the ticket.
          And he can speed, drive like an idiot, etc. What. Does being handicapped make him special? No.

          Tell the Defense, better yet, ignore the defense jacktard and go to court. The Judge can reduce it, after you testify.

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          • #6
            I’ve had ADA’s ask me before court if I would mind if they dropped speeding violations.

            I though that was very polite vs just dropping them on his own.

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            • #7
              He can work that out with the prosecutor's office. If he does that, one of the prosecutors will call us and ask if we have any objection to amending the citation.

              Comment


              • Winter_Patriot
                Winter_Patriot commented
                Editing a comment
                That’s the proper process. When I was a prosecutor, I would have found it improper or dishonest for defense to basically negotiate with law enforcement directly.

                Edit: didn’t realize this was an old post that someone else bumped.

            • #8
              In my county, amendments are only for errors on the citation/charge. They have to be completed on an amendment form from the court and approved by the judge. Amending a citation because a lawyer wants to play a backdoor "let's make a deal" with the officer is a no-go.

              Once a charge is filed, the defense lawyers can negotiate with the prosecutor...at that point, the officer is nothing more than a prosecution witness.
              "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
              -Friedrich Nietzsche

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              • #9
                Originally posted by Bing_Oh View Post
                In my county, amendments are only for errors on the citation/charge. They have to be completed on an amendment form from the court and approved by the judge. Amending a citation because a lawyer wants to play a backdoor "let's make a deal" with the officer is a no-go.

                Once a charge is filed, the defense lawyers can negotiate with the prosecutor...at that point, the officer is nothing more than a prosecution witness.
                This is a sore subject. I was told to go out and write speeding tickets on the major highway in our small town because of all the complaints we were getting. I was to concentrate on trucks because they were the major offenders and the most complained about.

                After several weeks of this I obtained a radar lock on a line of three trucks from the same company that were 15 miles over the limit and not at the outskirts of town where the speed limit transitions. I stopped and wrote all three.

                My city attorney reduced all three to "Inadequate Mufflers" and made all three "contribute" $100 to the United Way.

                One of these truckers would have lost his commercial DL because it would have been his third moving violation in 3 months. A few months later the same driver failed to yield from a stop sign and killed a family.

                I kept copies of the tickets for years.
                Pete Malloy, "The only thing black and white about this job is the car."

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                • #10
                  Our town prosecutor routinely lowers charges to whatever is half the points from the original charge: 20-24 over at $200 and six points drops to too fast for conditions at $100 plus court costs and 3 points. Most people who come to court on citations are more worried about points than money.
                  "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                  "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

                  Comment


                  • #11
                    Originally posted by NolaT View Post
                    I’ve had ADA’s ask me before court if I would mind if they dropped speeding violations.

                    I though that was very polite vs just dropping them on his own.
                    that is the way our County Attorney does things
                    My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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                    • #12
                      Originally posted by tanksoldier View Post
                      Our town prosecutor routinely lowers charges to whatever is half the points from the original charge: 20-24 over at $200 and six points drops to too fast for conditions at $100 plus court costs and 3 points. Most people who come to court on citations are more worried about points than money.
                      Years ago I noticed an unusually high number of the drivers I ran showed convictions for "Obstructing Traffic". Which I thought was odd, because neither I nor anyone I worked with had ever written someone for that violation...and we did a LOT of traffic enforcement. I later talked with an ADA who explained to me. It was common for them to dismiss many typical violations and instead charge for the OT statute because the fine amount was the same but it was a 0-point violation. It was one of their standard negotiating tools to get someone to plead out.

                      I always felt it gave a lot of credence to the 'tickets are just for income' argument, but I don't like it when they tell me how to police, so I try not to tell them how to lawyer.

                      Comment


                      • #13
                        .I always felt it gave a lot of credence to the 'tickets are just for income' argument,
                        Nah. If it was about money they wouldn’t plead them out. A drunk chimp can win a traffic citation hearing.
                        "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                        "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

                        Comment


                        • #14
                          Sorry for the resuscitation, but leave such calls up to Supervisors and above, or the Prosecutor. If your S or P asks your opinion, tell them; if this is only the day-of-Trial, as long as you are paid, or get lieu-time-off, for showing up, that is ALL that matters.
                          #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                          Proud Dad of #54266 - RCMP - 2007-02-12 to date
                          RCMP Veterans Association - Regina Division member
                          Mounted Police Professional Association of Canada - Associate (Retired) member
                          "Smile" - no!

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