Speeding ticket. NEED LEGAL ADVICE!!!

Discussion in 'Real Life Stories' started by broman420, Jan 25, 2010.

  1. I was hauling ass for no reason a while back ( very dumb i know) ... got pulled over 82 in a 45...went to court on the 12th..i pleaded no contest..i waited for like 3 hours for free legal help..after which they told me they dont give state appointed lawyers for speeding tickets anymore ( this is in georgia, cobb county)??? can anyone tell me if this is true cuz i think i might have been lied to...

    also the prosecutor told me that i was elligible for a restricted liscence and i just got a letter saying iam not! i need to get to school and back as i have minimum day program so i leave school at 1:30 and have no way of getting home aside from getting rides from people..

    anyway was doing 37 miles over the speed limit and for people 18-21 in georgia you lose your liscence for going more than 25 over...i pleaded no contest so i didnt get any points on my liscence but they still took it! i am thinking about appleaing i have a week left to appeal according to the letter i recieved

    getting my liscence taking away has tottaly fucked my life over...i drive a car given to me by my parents and they won't let me drive without my liscence which is understanble but making my life boring as hell


    anyway

    -I was not given any free legal advice ;and i signed a paper saying i was entitled to it!!!
    -I was lied to about being eligible for restricted liscence which would let me get
    -I signed the final paper under the pretense that iam about to go to the dmv and get a restricted liscence

    can anyone find out whether you are entitled to free lawyer for speeding ticket in georgia
     
  2. You need to get a lawyer ASAP or else you're pretty much screwed for the following reasons:

    1) You signed documents and are now legally bound by them. This means if the document reads "I am doing this with the knowledge of the free legal advice I am entitled to," then you effectively waived your right whether or not you received the advice. NEVER SIGN DOCUMENTS IN THE FUTURE WITHOUT A LAWYER.

    2) You entered a plea without a lawyer. This is already silly for many reasons, but without getting into all of them, once you have admitted to a crime, in court, before a judge, that's pretty much it. You did it, the penalty is what the penalty is. It does not matter what anyone has said to you beforehand. In extreme cases, plea bargains have been overturned before, it happens. DO NOT ENTER A PLEA WITHOUT LEGAL COUNSEL.

    3) Unless I am mistaken, when you had your shot before the judge, you did not bring any of this up, meaning it is not on the official record. IF YOU ARE DENIED A RIGHT YOU NEED TO GET THAT ON THE RECORD, WHICH MEANS SAYING IT ALOUD IN A COURTROOM.

    Now, I don't live in Georgia and do not know the particulars of state law, but if you were made explicit, specific promises, which were enumerated in documents you signed, it is POSSIBLE to file appeals or other motions in order to get some of what happened to you overturned. HOWEVER, this requires the knowledge of how to file, what motions to make, what local state precedents are, and the ins-and-outs of local laws, i.e. knowledge that only a lawyer will have.

    Unfortunately, there may not be anything you can do at this point because you've already made 3 pretty huge mistakes (4 if you count going 82 in a 45 for no reason in the first place).
     
  3. i know how it feel not to have a car IT SUCKS GET USE TO BEING BORED load up on weed
     
  4. #4 fenix420, Jan 25, 2010
    Last edited by a moderator: Jan 25, 2010


    haha fail


    buh-bye
     
  5. damn son...this is all the shit i don't wanna hear...i guess iam fucked....

    if i appeal does that cost money?

    aslo is there anyway to get a motorcycle liscence while having your liscence suspended...
     
  6. #6 fenix420, Jan 25, 2010
    Last edited by a moderator: Jan 25, 2010
    Why the fuck on this green earth did you think it was fine and dandy to be driving 82 on a 45? Unless you've got the devil himself chasing you, it's simply inexcusable. Sounds to me that roads are alot safer without you.
     
  7. #7 Zoom420, Jan 25, 2010
    Last edited by a moderator: Jan 25, 2010
    1st, this isnt legal advice, but I'll give you somethings to mull over...fyi I am not familiar with GA law specifically.

    Generally, an appeal is to request higher level review of a legal/proceedural error of the court. So, generally speaking, one who pleads guilty would have little to no grounds for an appeal..and even less grounds for a successful appeal. An appeal DOES NOT retry the facts of the case, it is for a legal review. Did the court do something outside the bounds of law and you want to challenge that?

    Sometimes, people with buyers remorse at their sentence do a motion to withdraw plea.. if that were to be successful, I would say seek legal advise and get a lawyer.. the goal of that would be to fight the case.

    So consider.. whats the goal here?

    Can you fight it and win.. or are you just delaying the inevitable? Are you getting a lawyer to help you.. honestly, I doubt you could do it on your own... get help from a lawyer if you are going to proceed for any hope..

    An option might be.. work a plea bargain where you plea to a lower speed..dunno... thus saving your license... you had a better chance of that before you pled guilty.

    FYI - A judge does not have to grant a motion to withdraw plea.

    A appeal will not stay your sentence/suspension while it is ongoing.. unless you specifically made that motion and it had been granted by the court.

    Youre options are limited...


    You are only eligible for a court appointed lawyer for misdemeanor / felony cases.. if this was a traffic infraction, you are not eligible for a court appointed lawyer.
     
  8. There's always some minimum court cost, it depends on the jurisdiction, but I'd budget ~$50 for it. If you contact a lawyer it will be included in the lawyers fees.

    If they really did make you promises they had no intention of keeping, there might be a civil suit in it for you and you can recoup your costs, but that's a long shot.

    As for the motorcycle license, it's unlikely. Even if there was a way to get one, if you had your driver's license suspended then no company is going to give you insurance and you're screwed that way instead.

    Please, contact a lawyer, I know it's super expensive, but it's your best shot.
     
  9. Ok...Well i contacted some law firm thing i found online and they said that an attourney can be appointed to me to reopen the case for 1500$...Which is money i do not have and money my parents will not give me for this

    I am going write the appeal letter today...Can someone please tell me how to format this???

    I have a letter from dds/gov court? that says i have to mail in the appeal with the letter i got...

    What should i write for the appeal Just Request for appeal or what do i write my reasoning and who should i adress this too
     
  10. Respectfully, there is nothing anyone on here can tell you that will help you at this point.

    I know that's not what you want to hear, but that's the way it is.

    Just off the top of my head, someone would need to know:

    1)Who is going to read the appeal? Is it an administrator, a bureaucrat, a judge? There's no way to know without working knowledge of traffic violations in Georgia. Who gets the letter determines the nature of the appeal.
    2)What does case law look like in Georgia for this sort of situation? Is there a precedent for a defendant being promised legal counsel prior to signing documents and then being told AFTER that he wouldn't get it?
    3)What reasoning has the court found acceptable, in the past, to overturn a plea? Does that reasoning apply at all in this case?

    All of this takes research, which is what lawyers are paid for. Since you will not (or cannot) come up with money for a lawyer, and since you have already signed documents and entered a plea in court, you're pretty screwed.

    I know this is the exact opposite of what you want to hear, but truthfully, there's not much to do at this point without professional help.
     
  11. I have minimum day program at my high school. I leave school like 2 and a half hours earlier than the rest of the school. I have no legitamite way of getting back from school unless i wait like 2 hours for everyone to leave and take the bus. My parents can vouch that they work during the day and would be unable to provide transportation for me to and from school.

    Do you think this is a pluasible reason for appealing? And I am a pretty good student, i have like a 3.25 GPA at the #2 high school in my state.
     
  12. Ps i found out that i was not entitled to free legal advice for my speeding ticket but regardless...

    and they did lie to me in court when they said i am elligible for a restricted liscence but iam not sure if i can do anything about that.
     
  13. Look up a template for a "business letter" online, and just use that. Be as honest as possible and hope for the best.

    State that it was your understanding your plea would allow you to get a restricted license, and that you would not have entered it at all if you were not allowed to drive because of your needs for school.

    Good luck, there's really nothing else that will help you at this point.
     
  14. thanks alot libertarian taht actually does help me out i would up rep you but iam somehow in the red so it wouldnt do anything but thanks for the advice man
     

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