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+--- Thread: Ticket - Deny or Admit? (/showthread.php?tid=1880)
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Ticket - Deny or Admit? - LadyJane - 02-19-2008
Hello and Aloha. I've been lurking on this board and appreciate the insight and knowledge here. Now I have a question of my own...
After four months on the island, I was issued a $162 speeding ticket in North Kohala yesterday. I know I was at fault, and know I put myself and others in danger by my careless action. Lesson learned... and I sure as heck won't do it again. The fact is that I was going 21 over... 56 in a 35 just outside Hawi - coasting downhill, appreciating the beauty, and no clear limit signs were posted.
I realize I have the option of 1) Deny the ticket and contest via written statement, which allows option for trial should I disagree, or 2) Admit but explain mitigating circumstances in writing, and the judge's decision is final.
Does anyone have experience with either approach? The officer said to me, "you can write a letter. most people have good luck getting out of it that way."
What an introduction, right? [B)] Mahalo. [:I]
RE: Ticket - Deny or Admit? - Guest - 02-19-2008
Aloha ladyjane and welcome to Punaweb!
You can check out This Site for some general information on Tickets in Hawaii.
In particular you can check out the "Plea Options" section.
I'm not sure of your financial situation.
I once got a ticket for $56.00 over on the Kona side. It wasn't worth my time to drive over, sit in court, plea my case, etc.... So I just paid it.
-------------
Happy Birthday Aaron
RE: Ticket - Deny or Admit? - Greg - 02-19-2008
I wrote a letter once, and got a $150 ticket down to $75. It may be worth your time. Whatever you do , don't shine it on, or we'll read about you in the police report.
RE: Ticket - Deny or Admit? - LadyJane - 02-19-2008
Thanks, Damon and Greg.
Greg, do you recall whether you denied or admitted [guilt]?
RE: Ticket - Deny or Admit? - missydog1 - 02-19-2008
I actually know someone who was in the court for other reasons while a woman was contesting the speeding ticket she got on Hwy 270 (which you were on). She was trying to explain the mitigating factors.
The judge told her there were no mitigating factors for speeding because in Hawai`i the speed limit is not relative (to flow of traffic) but rather the limit is what it is and not 1 mph over.
I don't know whether her fine was reduced.
The Hawi area there is a regularly policed speed trap. I used to live there, and they ARE lying in wait for you where the speed drops. I have been told that because the rookie officers train in North Kohala, it's the one place on the island where there is an excess of police car resources, so much that there's not enough for them to do -- thus they park and waylay you.
ed to add:
I didn't mean to sound like the police are being frivolous. There's good reason for most of the speed limit up there, although there is one stretch approaching town where it's very slow for no apparent reason and when you do adhere to the limit, as I do, you get uptight people on your tail.
RE: Ticket - Deny or Admit? - frankiestapleton - 02-19-2008
Howzit, LadyJane...
I've had a number of tickets in my 30-plus years living on this island, 20 of those years as a daily newspaper reporter. And I've had mixed results in fighting what I thought were unreasonable tickets. But you get nowhere if you just pay it and if you fight it (without a lawyer), at least the cost won't go higher unless you lose a workday.
I suggest you do 2): acknowledge you were exceeding 35 mph but make the argument for the mitigating circumstances you mentioned AND BACK IT UP WITH EVIDENCE.
It's so easy these days to do short videos with your digital camera. And your court date should give you some time to go back to the scene of the crime and take a videotape of the road and how far it is between speed limit signs. Hawaii is notorious for its poor signage so you could easily prove your point. Of course, while you're doing it, stay within the speed limit!
Also, I read somewhere recently (can't remember where) that Hawaii County PD's speed guns are potentially miscalibrated right now due to some technical glitch they're having. Would it help if you could get at least one MPH off the 56? Maybe someone else read about the speeding calibration problem. And if you challenge that, the cop would have to show up and verify the calibration. They don't like having to do that so if he didn't show, the judge may just have to toss the whole case.
Anyway, good luck and keep us informed of what happens. Aloha, Frankie
RE: Ticket - Deny or Admit? - Mitzi M - 02-19-2008
If you wind up having to pay the ticket here's another thought...Last time I got a ticket I never knew this (and they don't tell you either) but if you say that you can't afford to pay, then you have the option of doing community service hours instead. You can even choose what non-profit organization on their list you'll do your hours for. I believe that several speeding ticket recipients have worked off their hours for Malama O Puna in the past. I wonder if you could work for the library, humane society or maybe even rainbow friends. If you have the time, it could be a chance to get involved with a worthy community organization and meet some interesting people. To me that would sure beat shelling out a lot of money. I wish I could tell you who to ask about this - I guess maybe call traffic court if you're interested.
Good luck with it all.
Aloha,
Mitzi
RE: Ticket - Deny or Admit? - mgeary - 02-19-2008
quote:Maybe I'm missing something here. There's no reason to fall on your sword on the steps of the courthouse, but on the other hand, you understand and admit your guilt. Why shouldn't you pay a fine for the illegal action that you admit you engaged in?
Originally posted by LadyJane
...I know I was at fault, and know I put myself and others in danger by my careless action...The fact is that I was going 21 over... 56 in a 35..."most people have good luck getting out of it that way."
The few times I've ever been ticketed in my life, I've paid the fine. And I don't blame the cops for my own errant behavior.
Aloha! ;-)
RE: Ticket - Deny or Admit? - LadyJane - 02-19-2008
Yes, yes, while I admit I was driving faster than the posted limit, I did not see the limit posted anywhere. It was an honest, downhill mistake.
Mitzi - much thanks for that nugget of advice... very much my style. The tips about speed calibration and posted signs will help in drafting my letter to the Powers That Be.
RE: Ticket - Deny or Admit? - oink - 02-19-2008
mgeary,
I agree with one exception. If the signage is inadequate, that needs to be brought out for the good of everyone and would be seen as a mitigating factor. Don't use video for your evidence as it might prove dificult to display in court. Do be able to produce printed pictures that clearly show the problem. It would be wise to know the actual distances berween relevant points, like the signs. Pictures of faded overgrown signs would be good if that is the case. If you appear in court, don't be argumentative. If you get argumentative, a smart officer will give you all the line you need to make an ass out of yourself.
Pua`a
S. FL
Big Islander to be.