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1979-1993 & 94 Conv [Subscribe to Daily Digest] |
Admittedly, I don't know Pennsylvania law, but a plea of "no contest" usually means "I will not defend against these charges, so do as you will." Generally it will not prevent the imposition of fines, points, license revocation, etc. Admittedly, I'm not licensed in Pennsylvania, but I doubt very much it offers the protection Saabfreak suggests. Don't assume it does until a Pennsylvania attorney tells you so, and then consider getting a second opinion.
As to this ticket: There are a few options to consider.
If you set it for trial, the cop will be notified and will have to show up. Some people choose to take the gamble that the cop will blow it off, and if he doesn't show, it sometimes is possible to get the charge dropped because the arresting officer isn't present and without a witness there's no case. But this isn't a piddly little violation: you guys were racing, which is an automatic loss of license in most states, regardless of your speed, and thed cop gave you 2 breaks, not one. Also, remember that the cop gets paid to sit in court; it's part of his job, and they show up far more often than they don't, so it's a bad odds gamble. Worse, if you left a lasting impression with him (perhaps through protest, argument, display of emotion, etc), that increases the likelihood that he'll show up and that he'll remember you.
Option two is to contact the motor vehicle division well before the hearing and find out if there are any alternative disposition programs available; eg, can you pay a couple hundred and take a drivers' safety class? If this is available, and if it keeps the points off your record, this is always the best bet, without exception. It costs money - - but speed costs money, a fact we all know already. How fast did you want to go?
The third option, assuming #2 is unavailable, is to plea not guilty, then discuss with the prosecutor whether there is another alternative: deferred prosecution, plea to another charge, plea to a lesser violation, etc. Please understand this one: it will cost you money, because you'll probably have to plea to something and pay a (hefty) fine. With a violation of this size, the fine for speeding is substantial already; don't expect to save money by haggling with the prosecutor; instead, you likely should negotiate to pay MORE in exchange for the chance to avoid having this on your record. Possible examples would be "no license in possession," "license plate obscured by mud/camel dung/whatever", "inoperative turn signals," etc. Your goal (good luck) would be one or more non-moving violations that carry fines but no points against your record.
Next, don't overlook the fact that a lawyer familiar with the court where this will be heard probably has dealt with the prosecutor on similar charges before. After paying for law school, he/she needs the beer money; I recommend that you get some legal advice from him/her, muy pronto, because you are in a very precarious position. Blow this one and you may be walking, because even if the state doesn't yank your license, the insurance companies may drop you like a hot potato.
Finally: never, never, NEVER lie to the court. If you do go to court, be standup. You don't have to volunteer anything harmful, but never try to lie to people who hear lies every day. They get a crawful pretty quickly, and judges can up the fine if you give them a reason to.
AS to the next ticket:
Similar rule for cops as for judges. If you're going to speed, resolve before hand to be stand-up about how you'll handle it afterwards. Above all, never, never, NEVER lose your temper, tell an (obvious) lie to a cop, or treat a cop as stupid. Like judges, they can put you in jail - - and cops carry guns. Two good reasons to treat them with the respect professionals deserve... even if you have doubts about the individual wearing the badge, don't let your doubts show. The more attention you draw to yourself, the more likely the cop is to nail you.
Opinions may vary as to the ideal way to interact with cops, but (after being radared, followed-and-clocked, clocked from the side while passing known distance markers, clocked from aircraft and stopped by a department of public safety helicopter (and shotgun-toting officer) I offer these few words of advice:
First, don't get shot, slapped or handcuffed. Maximize your chances of being treated professionally and courteously by behaving that way yourself. Never, ever, display anger (cops know they can get shot each time they stop a speeding car; do you really want to make an armed, nervous officer more nervous??).
Know that if you are going to speed, you are going to be stopped, and often ticketed for speeding; act responsibly and you may get more breaks than you deserve. (I certainly have).
Call the officer by his rank, if you know it. (Sergeant stripes are earned.) If you don't know the rank, then I believe Sir (or Ma'am) is appropriate. If used in moderation, it is effective; if you over-do sir, you make yourself look foolish.
Good luck.
, Thu, 22 Feb 2001 17:17:20
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