How can I defend a racing on Highway ticket to avoid license suspension or jail time?
I received a ticket for speeding and one for racing on the highway. I have been researching since I received the ticket. I wasn't racing but I did accelerate to a high speed when I entered the left lane so the oncoming car wouldn't hit in the back. I do have a loud muffler. Officer said he heard the noise while traveling in the opposite direction. Officer drive beside me told me to follow him. When we finally stopped he had pulled over another car as well. I may have sped up but I wasn't racing and it was Sunday around 11.30 am when traffic is usually a bit heavy. I've called around and I can't afford to hire an attorney and I get more anxious as the date to appear in court approaches. I would appreciate any advice on how to get this ticket dismissed/reduced. This is my first racing ticket
3 attorney answers
I understand your dilemma but still, it took 19 years of school and 25 years on the job and I am still learning so, even if I weer inclined to do so I could not possibly even begin to explain to you on the internet the intricacies of meaningful defense preparation, the rules of evidence, the art of cross-examination (need I go on?)...
If you want to properly defend the case in court then you need to find a way to HIRE A LAWYER (caps intentional).
My advise: Shop around. There are a lot of lawyers out there and I'm pretty sure that your investment of time in finding one who will work with you on an affordable payment plan will pay off, in dividends, down the pike.
The truth of the matter is that you probably have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client.").
That said, in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Panama City area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
The best advice you're likely to get is to hire an attorney. Jail time is possible so you may be entitled to court appointed counsel. The court may also sign a certificate of no incarceration, which is good but you would not be untitled to court appointed counsel. Keep in mind that a license suspension is a mandatory penalty so someone needs to speak to the prosecutor on your behalf. The other option is to have a trial and force the prosecutor to prove the case. I would strongly consider trying to find a lawyer you can afford. Good luck.
Answering this question did not create an attorney-client relationship. I attempted to provide you with an accurate and thorough answer to your question. Please understand that this answer is intended to provide you with general information. It should not be construed as legal advice nor should you expect that an attorney/client relationship was formed based on this communication. You are always welcome to contact me directly. Good Luck!
So, you want someone to work for free for you? Not going to get too many takers on that one.
Here's how it works: you pay a lawyer to keep you out of jail, etc., or you go to court by yourself and risk courthouse surprise. Courthouse surprise is when you think you are going to get one outcome that isn't so bad, then find out that you are getting probation plus jail time on the spot. If this is a Walton County case instead if Panama City (my dashboard said that it was Walton), then you definitely need to find the funds.