I was driving home the other day, and a road(steep hill) was still snow covered. I had tried driving up the hill and got stuck and needed a tow. Officer wrote me 2 tickets, one for entered a closed road way (there were no signs stating road was closed, have pictures to prove it). And careless. His argument is that it was dangerous to try and proceed up the snow covered road way. I think the careless was a bit too much. Any thoughts from lawyers?
The thought from this lawyer is that you need a lawyer if you want to win your case. Obviously the officer will have to prove the road is closed and if you have pictures to prove what your saying, that will definitely help your case, but the careless driving is the harder charge to win and thus I will repeat hire a good lawyer. . . Most of us traffic ticket lawyers offer a free in office consultations I suggest you take advantage of one.
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The standard is "absence of due caution" or as some judges put it "could you have been more careful". However, I assume the officer did not observe the driving, so he has no idea what caution you did or did not use and thus, he is relying on the application of Res Judicatta. There is no Res Judicatta in a tittle 39 offense. Retain a lawyer if you plan on beating this charge.
You need a lawyer. He had a basis for the careless but the closed roadway was probably too much. But that ticket is a favor ticket. Your lawyer will explain that to you.
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You have no chance of winning this on your own. Listen to the advice that Attorney H. Scott Aalsberg gave you and setup an in person consultation with a speeding ticket/traffic lawyer. The advice Attorney H. Scott Aalsberg has furnished to you is correct. You need to immediately protect your rights and hire a speeding ticket/traffic lawyer. A quality attorney will only meet you in their office, because attorney client privilege will only protect you in person, but not over the phone or through the Internet. A quality attorney will never discuss your case over the phone or Internet. You should not be restricted by geographic factors. Good luck.
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The problem with a 2 point ticket is that it does not make financial sense many times to fight it with an attorney. It makes sense if your insurance premiums will go up but that does not always happen. It makes sense if you have many points on your record and 2 more will cause surcharges or other fees. Also you almost surely can get a 0 point downgrade from the prosecutor on your own. Even if the prosecutor offers a 97.2 "unsafe" which is $439 for a first offense it is likely less than the attorney's fee plus the fine on a cheaper 0 pointer. That is true if you have not used 97.2 twice or 5 years has passed since the second use. Also you could pay the fine outside of court ($85?) and take a safe driving course to reduce the 2 points making sure your insurance company honors the course. That only applies if you have not used the course within three years I believe. If you intend to fight the ticket you can still take the course if you lose under the conditions explained above. But to even the playing field an attorney is the best bet at a trial.
You can fight it, but without an attorney you are at a disadvantage. I would look into retaining counsel as soon as possible.
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You can fight this. Consult an attorney who can advocate your interests for a dismissal or an agreement to plead guilty to a lower offense.
It is an easy case for the State to prove but they will not want to waste time with it. Plead not guilty. You can speack to the Prosecutor Rosario Presti and advise him of the facts. Do not be long winded, but be very polite and to the point. Say you do not want DMV points or a large fine. Depending upon your driving record and how you treated or responded to the police officer, he will often offer you a no point ticket. There are different ones and some are expensive.
This is merely a legal opinion based upon the limited facts provided. Once we are retained and all the facts are set forth and discovery completed, then a full opinion can be given.
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