I was driving 54 in a 30 mph zone because I was falling asleep. I have recently been diagnosed with hypersomnia and the dr is worried I might have a bad case of narcolepsy. I been under his care for less than a month and the narcolepsy test is scheduled in a week. I was not on any medication yet, after the incident the dr immediately put me on nuvigil to help with the lethargy. Do I have any chances of pleading no contest in hopes of a lesser fine? I was fined $279.00 and I was honest with the officer about my medical condition.
Criminal Defense Attorney
To properly answer this question an attorney would need to know your driving history and have experience before the court you were going to appear before. Your best bet is to contact an attorney who handles traffic tickets in your jurisdiction and talk to him or her about your case. Most attorneys do free consultations and would be willing to talk to you about your case so you can make an informed decision about your options.
You first want to request a hearing if one has not already been set up. Then appear at the hearing and, hopefully, the officer may not show, which means the ticket would be dropped. If the officer does show, you would be best to have an attorney present to either fight the ticket or put in your medical defense as, at the very least, get a reduced fine.The problems are that it is too hard to tell you how to fight the ticket legally, an attorney will charge more than the fine, and you just cannot do it yourself. One thing to look out for that I have seen in the past is that the judge may want to have you medically examined to see if you are fit to drive. So, it is a fine line of either trying to put forth a perhaps valid medical defense, paying money to an attorney, and keeping your right to drive.
Speeding / Traffic Ticket Lawyer
Personally, I wouldn't advance such facts in an effort to reduce my client's fine. You could risk getting the DMV's medical board involved and they may suspend your license until you provide them with medical clearance.
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