<p>She should consult an attorney for sure! I know of many people who avoided traffic penalties because their attorneys worked deals with the DA. The sooner the better. Nothing we can tell you here on CC can replace the advice of a legal professional of DE. Especially when she was traveling that fast.</p>
<p>Thanks njfootballmom – I’ll try to find out if DE has the same thing as NJ. And I will call him back and ask him more questions. He said he would charge $500. He is a former prosecutor (does being a former prosecutor help in this kind of thing? I guess it would if he was prosecuting people who were speeding). He almost seemed like he didn’t want to take the case. Very brief phone call – he made it sound straightforward given the fact she has (had) a perfect driving record and there were no other issues on the ticket.</p>
<p>Called attorney #2 – seemed a little more of a salesman – said how serious this was and he charges $1000 and first thing he would do is get it moved out of the current court to one closer to him (?). </p>
<p>I’m about to call attorney #3. Then I’ll call back attorney #1.</p>
<p>ok I found what attorney #1 was referring to:</p>
<p>What is Delaware’s Probation Before Judgment program?</p>
<p>If you are required or choose to go to court and are eligible, you may be able to participate in the probation before judgment program. Eligibility for probation before judgment is limited. You are not eligible if you have been convicted of the same offense previously or have been placed on probation before judgment for any other offense within the last five years. Even if you are eligible, it is in the Court’s discretion, with the prosecution’s consent, whether you will be allowed to enter into the probation before judgment program. Under probation before judgment, you are placed on probation under the conditions set by the Court. If you successfully complete those conditions, you are discharged from probation without any judgment of conviction (which also means that points are not assessed). </p>
<p>Can I appeal if I am found guilty after going to court?</p>
<p>If you were convicted in a Justice of the Peace Court, you may appeal your conviction to the Court of Common Pleas within 15 days of your conviction only if your fine exceeds $100 or you are given any term of imprisonment.</p>
<p>Atty #2 didn’t mention this option at all. So right now I’m thinking: go with Attorney #1, have him be there at her court date, try and get the Probation before Judgment; if that fails, have him continue to represent her at Court of Common Pleas.</p>
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I hope so, too. You are doing all the legal legwork for her. I hope you make her pay the attorney’s fee! </p>
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Does working for Homeland Security make one immune to consequences for breaking the law?</p>
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Thanks CTTC. At this point, I have more attorneys than I have friends…except you guys! :)</p>
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Why would that make any difference? It shouldn’t (it might, but it shouldn’t). I don’t blame him for trying I guess - kind of like when Reese Witherspoon thinks she or her driver shouldn’t be subject to a moving violation because…well, because she’s Reese Witherspoon.</p>
<p>“Does working for Homeland Security make one immune to consequences for breaking the law?”</p>
<p>“Why would that make any difference? It shouldn’t (it might, but it shouldn’t). I don’t blame him for trying I guess - k”</p>
<p>Don’t know - you’d have to ask the cop. The cop indicated to him if he had handed his HS ID with his DL he wouldn’t have written the ticket.</p>
<p>Take a lawyer for this case. Do not try to plead this yourselves. You will likely wait until all the attorney cases are called first (very frustrating) and will likely do worse due to lack of experience in court. If the cop does not show, they just reschedule (at least in our area).</p>
<p>I spoke to a NJ attorney who does this all the time and he said that what the first attorney said sounds right – you can offer to plead guilty to a lesser speed – so it’s not set in stone when they write the ticket.</p>
<p>He also said she could do it herself but I am 100% positive I want an attorney there with her. I don’t know what happens if the state trooper doesn’t show. I thought in NY at least they dismiss the ticket. Not sure what they do in DE.</p>
<p>“He also said she could do it herself but I am 100% positive I want an attorney there with her.”</p>
<p>Having a lawyer present can make ALL the difference. It wasn’t a traffic violation, but one time I was submitting reports to a Judge. The Judge HATED them, to the point of threatening me with legal action. I spoke to my Attorney, who said some Judges simply insist that all reports to the Court be prepared by an Attorney. I had him put my report … literally, the exact same report the Judge HATED … on the Attorney’s letterhead. The Judge literally GUSHED about how wonderful the “Attorney-prepared” report was.</p>
<p>I am a lawyer and I also have a kid who has been in this same position-different state. Do NOT screw with this. Get a lawyer. I would go with No. 1. The lawyer my kid used was very well connected, but it was a bad state and a bad county, and my kid had to serve a 1 night jail sentence, which was extremely light for that offense. There was also a big fine. In some states it is Reckless Driving by Speeding and is a serious charge. When you are driving in the 90s it is taken very seriously by the courts. Trust me on this.</p>
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<p>I’ve received calls from the State Chiefs of Police in my state asking for donations and their pitch is that you get a sticker for your vehicle. The unspoken implication is that you’re less likely to receive a ticket or get pulled over for a motor vehicle infraction.</p>
<p>On the HL thing - sounds like professional courtesy.</p>
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<p>Law Enforcement communities generally look out for (or “take care of”) each other… can also work with a military ID. Fair? no… but happens.</p>
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</p>
<p>these stickers, probably: [Amazon.com:</a> Thin Blue Line Police Sheriff Car Decal / Sticker - Blue & Black: Automotive](<a href=“http://www.amazon.com/Thin-Police-Sheriff-Decal-Sticker/dp/B003GD4FP4]Amazon.com:”>http://www.amazon.com/Thin-Police-Sheriff-Decal-Sticker/dp/B003GD4FP4)</p>
<p>Around here (NY/NJ) I’ve heard of people getting a PBA card from local law enforcement which absolves you from many (if not all) tickets.</p>
<p>It’s funny how many posters have told me to get an attorney after I’ve already stated, multiple times, I’m getting an attorney.</p>
<p>Classof2015- I find your attitude about this a little odd. You really don’t seem particularly concerned about your kid’s dangerous and reckless behavior. Yeah- you gave it some lip service, but I don’t see any real recognition of the gravity of this.</p>
<p>Here we go. What level of self-abasement will be necessary? :)</p>
<p>Seriously, MOWC, I think the OP made it clear up front that she was very upset about this and had not only been lecturing her D but was planning to revoke her car privileges for some time. RIght now she’s just talking about the legal stuff with us. Maybe when that’s settled she ask our advice about dealing with discipline. Or not.</p>
<p>Didn’t mean to come across that way. I’m not one of the posters that points fingers, for sure. I just know how many states handle that level of speeding, and it can vary tremendously from county to county and even judge to judge.<br>
So, Consolation, get off my ass for a change.</p>
<p>^^I have never heard that expression, but I like it. Will keep it in my repertoire.</p>
<p>Which one? :)</p>