The next time a cop or deputy is thinking about not showing up for a court case, he might want to read (or re-read) this article about Florida Highway Patrol Trooper John Costa.
Trooper Costa got five days in the slammer for not showing up for the DUI trial of a motorist with a history of drunk driving.
The judge acquitted the man charged with DUI.
People think that a cop always shows up in court, but even in McHenry County Circuit Court cops have not shown up for trials.
Our system here actually works against the person accused, especially when it's a traffic charge. The first court date is a plea date, and the officer routinely doesn't show up for that. You either suck it up and plead Guilty and pay your fine, including huge court costs, or you plead Not Guilty. At this point, either way you are going to get stuck for court costs, which now will be close to or over $200, even if your fine is only $25.00.
A cop may mark your traffic ticket as Must Appear. When you see that, you'd better hit the ATM on the way to court.
Talk to a lawyer or to the cashier at the courthouse to find out if your court costs will be the same, whether you plead guilty or decide to "fight" it. Of course, if you "win" and are found not guilty in either a bench or jury trial, then you pay no fine and no court costs.
Is it worth it to fight? If you believe you can tell your story more persuasively than the prosecution can, you must just want to "Go for it".
The difference is when you get a ticket and have the option to pay it by mail or before your court date. Then you have to decide if you are a gambler. Are you willing to pay the fine and not risk the additional money for court costs? Or do you want to roll the dice? If you lose in court, then it will cost you the fine PLUS the court costs.
You never know who is interested…
3 months ago
10 comments:
You are just plain wrong. On traffic cases marked "Must Appear" you still have the option of requesting a trial by mail thereby avoiding the court date. You are pleading NOT GUILTY by mail. The police officer is under no obligation to appear on tickets they issue even when the citation is marked "must appear." Officers are notified if and when the person requests a trial.
Drivers are always told that the date on the ticket is a PLEA date. The back of the BLUE copy of the ticket also clearly explains this and it says AVOID MULTIPLE APPEARANCES.
Bingo. And you have just triggered court costs. Right?
Finally, Gus hits the ball solidly into the left field seats!
Bravo, Gus. Bravo.
Regardless if you attend on the first or second appearance, you still have a court appearance and pay court costs. To bad for you, should have slowed down. Many cops are reluctant to write the must appear ticket and may fudge the speed downward to let the person pay by mail. They have to pay the costs for charges that require a must appear such as multiple citation from one incident. What do you have againmst court costs? Every county has them. Get a ticket in Wisconsin and you pay twice or three time as much in fine. Go to court and pay the high court costs too.
I'm not against "all" court costs. I'm against extortion-level court costs. When a $50 fine is accompanied by $200 in court costs, that's "extortion-level".
They have found the court costs are a cash cow. They charge a whole bunch of little add ons allowed by the legislature.
Court Security,Computer automation,training fees,etc etc.
This is as bad as buying a car and then seeing all the extra crap they try and add on. Transportion fee, set up fee, dealer prep fee hose down fee, hose up fee, being hosed in general fee. BOHICA fee.
I like how Ned assumes you should have slowed down ... there's just no way the ticket could be bad for him.
If the ticket is bad then go to court and fight it. It's your right. Most tickets are speed related either singlurly or in multiple citation situations.
If court costs really reflectedthe "cost" involved then i don't t think anyone would complain but the fact those costs far exceed what it "costs the court" to process the traffic case.
It appeArs you haven't spent muchtime in traffic court or at the very least haven't been paying attention if you have been. Most traffic courts are the definition of kangaroo court even with an attorney.
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