Mitigating circumstances question

[Alex]

808 blogger,interesting information.
I am not that smart to argue with a judge
and not that reach to hire a lawyer.

[Alex]

TheodoreJay - what is the system of points on a traffic ticket?

And in Hawaii -can you go to a traffic school or do a written test to clear the ticket?

I am afraid my "safe driver" discount will be canceled.

[missydog1]

Alex,
Theodore doesn't live in Hawai'i.
I looked it up for you and found a good website here:

http://www.dmv.org/hi-hawaii/tickets-violations.php

It explains that there is no traffic school in Hawai'i that will allow you to remove points from your record. The judge may sentence you to traffic school as part of your punishment. There are three pleas: guilty, guilty but mitigated, and not guilty. If you go with mitigated, looks to me like you don't have anything to lose if they deny you - fine should stay the same. If you go with Not Guilty, I imagine they can use their discretion to make the sentence worse if you piss the judge off. Guilty but has no appeal. Not Guilty can be appealed.

After reading that, I would write a cogent letter using Bob's explanation.
I don't think you have a case for Not Guilty, because you did cross a double yellow line during your pass, and that is a fact. I think I would only plead Not Guilty if I could dispute that fact.

oh, and check out the "tickets" section and it says that you can ask your insurance company about getting a premium break on the penalty for points by going to traffic school. It's just that you can't get the points taken off. Also ask your insurer or check their website as to what constitutes a Good Driver Discount qualifier.

[oink]

Very good advice Kathy.

Pua`a
S. FL
Big Islander to be.

[Bob Orts]

If you have a concern about explaining (and proving) that rules of pavement markings and transitional traffic code enforcement, you may want to do as Kathy said and avoid the stress of pleading Not Guilty and having to stand the ground in court.

Guilty with mitigation in Hawaii has a nice feature. The judge will accept the guilty plea, enter for the State and establish the penalty. Afterwards the judge will examine the mitigating circumstances. Based on the mitigating circumstances, they will keep or lower the penalty according to the circumstances. However, technically, if the facts as you explain (in person or by mail) does not support the States violation, the judge is supposed to vacate the verdict, and either dismiss the charge or order a court appearance. For whatever reason, it appears vacating and dismissal is the practice.

[Alex]

Kathy,at first you advised to go to court

("I would write a respectful letter and I would also go to court on the date to appear")

and now you don't?

I am confused..

[Alex]

Bob,thank you again.
I am concerned that if the police officer for some reason didn't see the whole picture he might get upset and ask the judge to add the fine for not presenting the DL at the time of the incident.

[808blogger]

Once the "ticket" is before the judge the elements cannot be changed or added to. you are being asked to be held to account for what is written on the ticket.

Where you cited for no DL as well?

[missydog1]

Alex,
first, my advice is just from another regular person like yourself. I have heard of officers not showing up in court, but that is a gamble. After coming across this site and understanding more about the pleas available, and thinking more about your situation, I feel that mitigating circumstances are your best shot, because you are guilty of the infraction. As the sytem allows to do the mitigation appeal by letter, I thought that sounded good. Unless you are very good at speaking under pressure, you will probably present better in a letter than orally. I would.

But I am not telling you what to do, your decision. I do advise you to read the site I linked for you thoroughly; it has a lot of good information.

[Alex]

quote:

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Originally posted by 808blogger

Where you cited for no DL as well?

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No.That's why I don't think I should go to court,just write the
letter.That was my intention all alone.