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Dick Steinberg has resided in the city of Brookfield for 35 years. He served 34 years as municipal judge and has been an attorney for 50 years. He enjoys tennis, golf, biking and creative writing, which includes legal issues, sports, government and people.

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Traffic Tickets

By Richard J. Steinberg
Wednesday, Oct 22 2008, 11:35 AM

The recent website on AOL, "HOW TO FIGHT A SPEEDING TICKET" is a commercial that is misleading.

There is nothing to "fight" just because a police officer issued to you a speeding ticket. Under the law you have the right to defend yourself and state your case in a court of law.

The alternatives offered by AOL begin with Plead Guilty---With Explanation, and sometimes you can get a reduced charge is misleading. A Guilty plea requires the Judge to make a finding of guilty. The explanation is what is called "extenuating circumstances", and should be first raised when stopped by the officer, then at the prosecutorial level and again in court so that you are consistent.

A plea of No Contest is more appropriate because you neither admit nor deny but have the right to make a statement in defense of yourself, although the Judge will make a finding of Guilty. Also, a No Contest plea cannot be used against you in a civil case involving an accident.

A plea of Not Guilty protects your constitutional rights including the right to face your accuser/s and compel the prosecution to carry their burden of proof, along with your right of cross examination of witnesses and the ability to provide your own witnesses.

It is the reputation of some traffic courts that they are simply police courts and revenue producing outlets. This reasoning will not help you defend yourself.

The best and most prudent method of defending yourself is to retain a competent and experienced Attorney to represent you. This will give you the best result possible, save you time and money to make court appearances and to protect your driving record.

AOL refers to Bargaining which in the law is more commonly known as "plea bargaining" with the prosecutor and not the Judge. A pre-trial conference with the prosecutor to attempt an agreed stipulation to be approved by the Judge will for the most part be a fair resolution. However, the prosecution is bound by the facts and the law and is subject to guidlines and precedent. The idea that by paying a higher fine for dismissal of the case is not ethical and has been called "buying points", in addition to appellate court decisions rejecting such a procedure.

If you receive a traffic/speeding ticket be sure to get your current driving record, the Department of Transportation point system and by discovery obtain police department records of your case.

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