<p>There’s this 16 yr. old I know, who just ran his dad’s car into a stop sign, as the police were trying to pull him over. Besides a lot of damage to dad’s Lexus, he also received a ticket for going 71 mph in a 40 mph zone. I could just kill him, ahhh, I mean his parents are very upset. A court date is schuduled on Friday and his parents thought the kid should just show up and take whatever punishment the judge hands out, but the kid thinks he needs an attorney. The parents don’t necessarily want the kid to avoid points, fines, classes etc., but they also want it to be fair. The kid doesn’t have money for an attorney, so should the parents hire one? The kid will be working a long time to pay the deductable and costs associated with the ticket.</p>
<p>It would help to know all of the charges he is facing. 31 over the speed limit isn’t too terrible (punishment wise) but evading arrest, etc. could have consequences that I would weigh in thinking about an attorney.</p>
<p>Speeding is the only charge, but the officer told him that he could have been charged with more.</p>
<p>31 isn’t bad? It sounds horrific to me!</p>
<p>I’m so sorry …I’m mean for the parents. Sometimes you wonder what gets into their heads. Does he have an explanation? If he wasn’t drinking, and wasn’t on any drugs, I’d probably skip the attorney and let him take his financial lumps. If he has a chance of doing jail time, with drug involvement or anything, I’d probably hire an attorney.<br>
I’d also make sure he loses his driving privileges for a suitable length of time.</p>
<p>If it makes you feel better, my 17 year old got a speeding ticket six years ago and it made him a much more cautious and humble driver. He knew he couldn’t afford another blot on his record.</p>
<p>It can’t hurt to make a phone call to an attorney to ask for some advice, but be prepared for the distinct possibility that an attorney can’t do a darned thing to change the penalty.</p>
<p>Here in NJ, a driver still in the probationary period of their license (less than a year as a licensed driver or still under permit) is NOT eligible for any downgrade to a ticket or traffic offense.</p>
<p>The fact of the matter is, fairness is not in the eyes of the parents or the kid who got the ticket…fairness is the penalty that exists on the books. To be honest with you, a driver that young who felt it was ‘ok’ to do 71 in a 40 zone deserves whatever punishment is meted out based on the laws. Its a hard lesson to learn, and one best learned early on.</p>
<p>In case you think I’m being too harsh, I offer up the fact that my own son was cited in an accident where he rear-ended the vehicle in front of him. Minimal damage to the car he hit, but it totaled our car thanks to the safety feature of it ‘folding up’. He was only doing about 10mph but took his eyes off the front to check traffic merging from the right and didn’t allow enough spacing with the car ahead of him. Totally and completely his fault.</p>
<p>Even the officer at the scene said it was normal for most drivers to plead that violation down to a no-point offense since there was no personal injury and minimal damage to the vehicle he hit. One call to an attorney for advice revealed no plea deal would be considered, and my son paid the fine and accepted the points.</p>
<p>It has made him a much safer driver.</p>
<p>Hmmm, around here we only go to court for speeding if we are fighting the ticket - though i wonder if 31 over puts the kid into a different category.</p>
<p>In my state +30 over is a felony speeding charge.</p>
<p>Now you’re really scaring me!</p>
<p>In my state Over 15 miles is reckless driving. I believe everyone deserves a second chance so get him/her a lawyer. Next time you won’t. Here’s various state laws, [State</a> Traffic and Speed Laws](<a href=“http://www.mit.edu/~jfc/laws.html]State”>State Traffic and Speed Laws).</p>
<p>Find what the cutoff number is and if it’s 30mph over limit, see they can push the 31 to 29. And depending on state, it may be juvenile court, in california it was my daughter. That was fun.</p>
<p>I agree that 31 MPH over the speed limit is a serious issue. If it had happened where I live, there would have been an immediate impounding of the car and suspension of his license at the roadside for seven days. If he was convicted, the fine imposed can be anywhere from $2000 to $10,000, six demerit points assigned, up to six months in jail, and a license suspension of up to two years. </p>
<p>I’d recommend that you check and see what the consequences might be where you live.</p>
<p>The OP indicates the parents want punishment “to be fair”. The tone of the post would seem that someone feels without a lawyer it won’t be fair? Really? Is there some specific information the OP has to indicate the judge is unfair?
Or, to quote the OP, “his parents thought the kid should just show up and take whatever punishment the judge hands out,…” How is this unfair?
Or by “to be fair” does the phrase really mean- minimize the consequences as much as possible? Calling it “fair” sounds so much nicer.
He can have a second chance- no one is stopping him- as soon as he pays his penalty.</p>
<p>Delay, delay, delay, and fighting with help of an atty can be effective tactics for reducing consequences, but each person must decide for themself if that is the best course of action. It all depends on what the intended lesson for a kid is, I guess. Sounds like the arresting officer has already given kid a break by charging him with less that he could have. Does kid dispute the charge? Does he need an atty to advocate for his innocence? Anyone insisting on “fairness” might suggest cop charge kid with every infraction cop believed occurred, “to be fair”, or at least remember that kid has already got a break with having only the speeding charge.<br>
Too much of something might not be called fair, but too little of something can also be unfair.</p>
<p>He should absolutely has an attorney with him, at minimum, his parents. He should not be there by himself. </p>
<p>When D1 was 18, she was stopped for going 80. I threatened to take away her car if she got points becaue our insurance premium would go up. She hired a lawyer on her own (without me knowing about it). The lawyer turned out to be a friend’s father who agreed to get his 2 kids friends out of jail for free, but only senior year. Because D1 was represented by a lawyer, she was able to jump in front of the line. The lawyer said she had good record, it was one mistake, negotiated it down. D1 ended up paying $200, but without any points.</p>
<p>I was there with D1. They always try to negotiate first before going in front of the judge. Without a lawyer, you would have to wait for a long time and the penalty maybe a lot greater.</p>
<p>yeah in the state that i grew up in > 15 the limit is considered criminal speeding and can have very steep fines and 1-2 days in jail…I would check on your local state penalties…</p>
<p>My friend’s 16yo daughter was the first car waiting at a light on a small but congested two lane road. In the opposite lane, a car length before the signal, a school bus stopped just as the light turned green. My friend’s daughter was worried about staying stopped at the green light and didn’t want to get honked at so she slowly passed the bus. And promptly got a ticket.</p>
<p>Wanting to do the right thing, the family decided she should plead guilty at her court date. The ticket immediately got sent to a higher level traffic court. Shortly after her court date the child received a letter detailing a huge fine, points and a six month license suspension. The ticket also caused big problems with the family’s auto insurance.</p>
<p>After my friend recovered from reading the letter, she called a lawyer to see if there was a way to reduce the penalties. According to the lawyer, in our state, once a person pleads guilty and the ticket is sent to the higher court, there is nothing that can be done.</p>
<p>So, my point is, CALL A LAWYER.</p>
<p>I haven’t read the entire thread, just the first post. I was in a similar position as – ummmm – your friend a few years ago. Definitely get a lawyer. Run, do not walk. They can make things happen that, over the long term, will be beneficial. </p>
<p>Being able to hire an attorney is unfortunately an issue of class and wealth. Take advantage of the assets at your disposal.</p>
<p>Edited to add: Kids do stupid things. Don’t let his being a stupid kid mean he’s an adult with a record. He will learn from this, regardless of the legal penalty.</p>
<p>I agree with the other posters that suggested you contact a lawyer. I believe 30 mph over is pretty serious no matter what state you are in. My guess is that your auto insurance will go thru the roof if you son pleads guilty - that is the main reason to get the ticket reduced. Good luck.</p>
<p>The cop issued a 31 mph over limt for a reason, it is a very serious offense and I bet you the penalty for 29 mph over limit is MUCH less. GET a Lawyer, as all the other suggested.</p>
<p>I was never that fast, but with accumulated 4 traffic tickets(mosly red lights) which I did not get out of, I was throw into the assigned risk pool and was paying $4,000+/year for two cars.</p>
<p>I agree with much of what has been said above. Where we live, all the “lawyer” cases get to go ahead of those representing themselves in traffic court, and it can add hours and hours to your day in court. Even if the kid did speed, remember that in any case there is the opportunity to present a defense, and it is the defendant’s right to do so. Even if the defense is only, go lightly because it is a first offense, this is a legitimate point. It is a principal of criminal law to treat first offenders more leniently in many cases. One big problem is the youth aspect, as it may not be possible to get a lighter penalty. The only way to know is to consult a lawyer in your area.</p>
<p>Good luck.</p>
<p>Ah yes, at least get a consult. (and a tire pump…if it were my kid he’d need the tire pump) Part of the “punishment” as you say, can be some repayment of the cost. Heck you may “make up” part of the cost over the long haul of whatever 30 over means in your state. Michigan has “graduated” driving and the punishments are different than “adult” stuff so also double check what happens to kids in your state and what this means.</p>