Excessive speeding ticket (Read 22901 times)

bass monkey

Excessive speeding ticket
« on: April 27, 2015, 05:27:21 PM »
A friend of mine got an excessive speeding ticket for doing 75mph in a 45 zone.  Cop wrote the ticket as excessive speeding 30+ over speed limit. HRS 291C-105 (a)(1).  The cop said he could arrest, but wont. He also said you could pay a fine instead of going to court but it doesn't list the amount, only the court date.  If im not mistaken that means you need to show for court and cant just pay the ticket online.  Its also their first time ever getting a ticket.  Should my friend get a lawyer to help fight this?  Also since this is the first time is there a chance the judge will reduce the charges?  Can they use a deferred plea?  Anyone got insight or suggestions for a lawyer.

suka

Re: Excessive speeding ticket
« Reply #1 on: April 27, 2015, 07:02:17 PM »
75 in a 45 is just reckless. pay the fine!

I drive 25 in a 25 and I always got people honking and flicking me off. Drive the speed limit its for the children.

WTF?Shane

Re: Excessive speeding ticket
« Reply #2 on: April 27, 2015, 07:17:42 PM »
"Your friend" needs to go to court. No set fee for excessive speeding.

Seeing as it is a first offense, the judge could be forgiving and bump it down to regular speeding.

I played it safe and got a lawyer, but it cost me $750. I gave a mini biography for the judge to read for before my arraignment. I wasn't there, but it was bumped down to regular speeding and I paid the fine and court fees.

edster48

Re: Excessive speeding ticket
« Reply #3 on: April 27, 2015, 07:23:50 PM »
Your friend may have a way out, depending on how the officer determined his speed. If it was laser or radar, calibration of the unit he used is a factor. If the officer "clocked" him using his vehicle's speedometer, the distance he was clocked and the conditions under which the determination was made can be called into question.

Either way he needs a lawyer if he plans to contest it.

I also agree with Suka, your friend needs to stop driving like an asshole.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

paka808

Re: Excessive speeding ticket
« Reply #4 on: April 27, 2015, 07:25:35 PM »
75mph in a 45mph..damn why so fast... pay the ticket.gets worse if your caught again for speeding..

Mr. Farknocker

Excessive speeding ticket
« Reply #5 on: April 27, 2015, 08:01:53 PM »
Your buddy needs to appear at court. Have him fight it. They will set a trial date. At the trial you can negotiate and have the charge reduced based on the fact that your friend has no priors and that he will make the prosecution jump through the hoops if he has to.

BTW, i think this topic is in the wrong forum.

asinapple8805

Re: Excessive speeding ticket
« Reply #6 on: April 27, 2015, 08:17:03 PM »
A friend of mine got an excessive speeding ticket for doing 75mph in a 45 zone.  Cop wrote the ticket as excessive speeding 30+ over speed limit. HRS 291C-105 (a)(1).  The cop said he could arrest, but wont. He also said you could pay a fine instead of going to court but it doesn't list the amount, only the court date.  If im not mistaken that means you need to show for court and cant just pay the ticket online.  Its also their first time ever getting a ticket.  Should my friend get a lawyer to help fight this?  Also since this is the first time is there a chance the judge will reduce the charges?  Can they use a deferred plea?  Anyone got insight or suggestions for a lawyer.

Excessive speeding is a traffic crime and a petty misdemeanor.  If your friend is convicted, your friend can face up to 5 days in jail and up to $1000 in fines among other things.

zippz

Re: Excessive speeding ticket
« Reply #7 on: April 27, 2015, 08:20:58 PM »
Isn't there a lot more to a ticket 30+ over than just a fine?  Thought there was SR22 insurance, huge fines, suspended license, drivers training, community service, and bunch of other stuff.
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asinapple8805

Re: Excessive speeding ticket
« Reply #8 on: April 27, 2015, 08:24:05 PM »
Isn't there a lot more to a ticket 30+ over than just a fine?  Thought there was SR22 insurance, huge fines, suspended license, drivers training, community service, and bunch of other stuff.

HRS § 291C-105. Excessive speeding

(a) No person shall drive a motor vehicle at a speed exceeding:
    (1) The applicable state or county speed limit by thirty miles per hour or more; or
    (2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.
(b) For the purposes of this section, “the applicable state or county speed limit” means:
    (1) The maximum speed limit established by county ordinance;
    (2) The maximum speed limit established by official signs placed by the director of transportation on highways under the director's jurisdiction; or
    (3) The maximum speed limit established pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.
(c) Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:
    (1) For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years:
        (A) A fine of not less than $500 and not more than $1,000;
        (B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;
        (C) Attendance in a course of instruction in driver retraining;
        (D) A surcharge of $25 to be deposited into the neurotrauma special fund;
        (E) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;
        (F) An assessment for driver education pursuant to section 286G-3; and
        (G) Either one of the following:
            (i) Thirty-six hours of community service work; or
            (ii) Not less than forty-eight hours and not more than five days of imprisonment;
    (2) For an offense that occurs within five years of a prior conviction for an offense under this section, by:
        (A) A fine of not less than $750 and not more than $1,000;
        (B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;
        (C) Attendance in a course of instruction in driver retraining;
        (D) A surcharge of $25 to be deposited into the neurotrauma special fund;
        (E) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;
        (F) An assessment for driver education pursuant to section 286G-3; and
        (G) Either one of the following:
            (i) Not less than one hundred twenty hours of community service work; or
            (ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively; and
    (3) For an offense that occurs within five years of two prior convictions for offenses under this section, by:
        (A) A fine of $1,000;
        (B) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year;
        (C) Attendance in a course of instruction in driver retraining;
        (D) No fewer than ten days but no more than thirty days of imprisonment of which at least forty-eight hours shall be served consecutively;
        (E) A surcharge of $25 to be deposited into the neurotrauma special fund;
        (F) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders; and
        (G) An assessment for driver education pursuant to section 286G-3.

ren

Re: Excessive speeding ticket
« Reply #9 on: April 27, 2015, 08:25:27 PM »
that's a fast car...
Deeds Not Words

bass monkey

Re: Excessive speeding ticket
« Reply #10 on: April 27, 2015, 10:11:43 PM »
Thanks for all the tips.  Ill pass the word along.  It was on the H1.

suka

Re: Excessive speeding ticket
« Reply #11 on: April 27, 2015, 11:31:31 PM »
Thanks for all the tips.  Ill pass the word along.  It was on the H1.
H1 / H101 thru  Kalihi from Ft Shafter into town is 45.
its a trap, but people still drive 60+ thru that portion of freeway.

Q

Re: Excessive speeding ticket
« Reply #12 on: April 28, 2015, 01:45:18 PM »
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« Last Edit: February 28, 2021, 02:25:54 AM by Q »

mauidog

Re: Excessive speeding ticket
« Reply #13 on: April 28, 2015, 06:06:27 PM »
When I say "YOU", I'm referring to "Your Friend"   >:D ...

If you are facing criminal charges, then a lawyer is the best advice.  If you are only looking at a fine with some risk of losing driving privileges for a while, then no lawyer is needed.

If you have no defense, then the best thing is to show up for court the first date set.  You'll be asked to enter your plea.  Those who are willing to plea guilty and accept the consequences will be heard first.  You can also plea "Guilty with an excuse", which may or may not help explain your speeding.  I had a friend explain he was trying to merge into a line of traffic before he missed his exit, and no one was letting him in.  He sped up to move into an open space when he was pulled over.  The ticket was dismissed.

If you have no prior tickets or infractions, then you will more than likely have the ticket reduced, especially if you were on H-1, not in a construction area, and not cutting in and out of heavy traffic.

It's a crap shoot as to whether the judge knocks it down enough to avoid the excessive speed charge.  Since the ticket is exactly 30 over, I'd bet unless the officer testifies you were actually driving recklessly in addition to the speed, the ticket will be reduced, and you'll avoid all the really bad things reckless speeding carries with it.

I'm not a lawyer, but I have seen traffic court a couple of times. 
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

s197

Re: Excessive speeding ticket
« Reply #14 on: April 28, 2015, 08:15:23 PM »
H1 / H101 thru  Kalihi from Ft Shafter into town is 45.
its a trap, but people still drive 60+ thru that portion of freeway.
Also by UH, they sit on that little Island. I'm sorry but 45mph on a Freeway is just stupid.

robtmc

Re: Excessive speeding ticket
« Reply #15 on: April 28, 2015, 09:47:28 PM »
Also by UH, they sit on that little Island. I'm sorry but 45mph on a Freeway is just stupid.
Most of the speed limits on Oahu are stupid, but the politicians like it that way.

We had a good thread about if Hawaii had the most stupid drivers that covered a lot of it.

Jbaroune

Re: Excessive speeding ticket
« Reply #16 on: April 28, 2015, 09:53:35 PM »
I had an excessive speeding ticket.  82mph in a 55. Anything over 80mph is excessive speeding. I fought mine and they resuced the ticket to 79mph so it was just a normal speeding ticket.

asinapple8805

Re: Excessive speeding ticket
« Reply #17 on: April 28, 2015, 10:11:46 PM »
Unlike how other people are treating this, your friend's situation is serious. Excessive speeding is a traffic crime and it carries jail time with it. If he pleads guilty to an excessive speeding crime, he gets automatic jail time (or community service).

Your friend will have a mandatory court appearance. The first court appearance will be in front of a judge--the arraignment and plea.  It will be difficult for your friend to plead guilty on the first court date since guilty pleas must be made knowingly, voluntarily, and intelligently. If the judge doesn't drop the charge, the judge will probably enter a plea of not guilty on your behalf.

Because the offense carries jail time with it, you will be entitled to counsel. If you can afford a lawyer, you might qualify for a public defender. After you retain counsel, your next court date will be the trial.

Jbaroune

Re: Excessive speeding ticket
« Reply #18 on: April 28, 2015, 10:16:24 PM »
he is correct. I did have a lawer that made the deal to drop my ticket from 82mph to 79mph.

suka

Re: Excessive speeding ticket
« Reply #19 on: April 28, 2015, 11:54:06 PM »
Most of the speed limits on Oahu are stupid, but the politicians like it that way.

We had a good thread about if Hawaii had the most stupid drivers that covered a lot of it.
it's set to federal standards, even the state can't raise the limit in these ares.
The lower speed limits are due to narrow lanes and short on/off ramps, Those section were built in the 60's in an urban part of town.