[ale] OT: Court tomorrow

[Benjamin Scherrey]

11/14/2004 5:56:22 PM, Christopher Fowler <cfowler at outpostsentinel.com> wrote:

>I have a date with Gwinnett county traffic court tomorrow.  I was
>charged under 40-6-49(a) but should have been charged under (d).  Does 
>anyone know if that will make a difference in my defense of a 
>"following too closely" charge?

The night before is too late to be investigating this.

<snip>

>Normally I would not fight this but the Solicitor pissed me off.  I
>offered him to dismiss it or I would plead not-guilty and he wanted to
>do a NOLO with no fine,  That sounded good but that should be saved for
>something really horrible like speeding.  Not hitting someone in the
>rear.  My concern is this is a bench trial.  I'm basically letting my
>case be heard but someone who could be considered as "Judge Dredd"  He
>is the jury too and IMO he has the interest of his employeer to look
>after.  I could be paranoid in this thinking.  In a Jury trial you can
>argue a case in the spirit rather than in the letter so I'm not sure if
>in the spirit is the right way to go with a bench trial.

Pissed you off by offering to let you off without a fine?!?!? How rude! You'd never get such a 
generous offer in Cobb county or Doraville. The soliciters and judges in Gwinnett are the most 
reasonable I've found in the metro area. Use your NOLO and don't get caught speeding in 
Gwinnett county for the next year. 

FWIW if this is your first appearance than you're really just at your peliminary hearing where you will 
decide your plea and have the choice to have a jury or bench trial later. Forget about arguing the 
spirit of anything regardless - the best judge will shut you down immediately and go on, the worst will 
also ridicule you and remember your "poor atitude" when he drops his sentence on you. Juries do 
not like young whippersnappers arguing fine points of a simple traffic incident and will slam you for 
making them sit there listening to you whine about life being unfair while they just got done handling 
an assault or murder case a few hours earlier. Unless you are required to appear in court and have 
no other defence except to appeal to the judge to mitigate your sentence (but otherwise agree you 
are guilty) then NEVER be a defendent in a trial (of any kind) without a lawyer representing you. For 
a simple traffic citation expect to spend $150-$300 per citation in legal fees plus any fines and court 
costs if you're found guilty. 

If you issue is your driving record - get a lawyer. If its the time/money - TAKE THE DEAL! :)

	Good luck,

		Ben Scherrey