I was on my way home from work yesterday and got pulled over for doing 43 in a 25 zone. I was very polite to the officer and he was polite to me. He gave me a ticket that comes with a 90.00 fine and 2 points on my license. I was just going with the flow of traffic as I had 2 cars in front of me and 2 cars behind me. As a matter of fact when the officer stepped out in the street and pointed at me to pull over the car behind me almost rear ended me. I am not disputing that I was speeding as everyone with me was to. I will happily pay the fine because I did break the law but I would like to try and get the 2 points dropped. Do you thin that's possible if I go to a waiver hearing or am I wasting my time. Also is a waiver hearing in a court room with a bunch of other people or is more of a one on one thing? Thank you.
You should request a trial and not a waiver hearing within 30 days of the ticket. This way if the police officer does not appear, you will be acquitted. Even if you are convicted, the judge can offer you probation before judgment which avoids the points or reduce it to a one point ticket. The judge will look at your driving record.
You will be in court with a whole bunch of people who also are trying to avoid the points in traffic tickets.
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Waiver hearings are usually put on the same docket as speeding ticket trials and sometimes parking tickets too. Waiver hearings are basically the sentencing part of trials.
If you want better odds of having the 2 points dropped (or not appearing on your record) you may want to request a trial. If the officer doesn't show, the ticket should be dismissed...no points. Even if the officer shows, you can essentially have the same thing as a waiver hearing (admitting guilt, explaining why you were speeding, etc.). If you were polite to the officer, the officer may even chime in to the judge to say you were polite. A judge may give you a Probation Before Judgment (PBJ) - no points - or knock the speed down to a one point ticket (in your case knocking your speed down to 34 in a 25).
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