Can A Cop Re-instate A Higher Fine After Issuing Reduced Fne
My bf was pulled over for doing 67 in a 40 (literally meters after the sign was posted and the speed changed from a 0 to a 40.
The police officer reduced the fine to 55 in a 40 and advised him that he had been videotaped and audio recorded and should not fight this in court or the court would re-instate the original fine of 67 in a 40.
My bf relies on a clean abstract for his work (and was in his work vehicle when snagged) and feels like he has no option but to go to court in order to keep his abstract clean.
Any advice? Should he fight in court? Is it fair for the police officer to tell him to not try to fight this in court?
Thanks.
Re: Can A Cop Re-instate A Higher Fine After Issuing Reduced
If this goes to trial and the officer's evidence is average, the prosecutor will ask for the charge to be amended to the actual speed. It is totally legit and the officer is right to tell you the odds of getting out of this ticket are stacked against him. Speeding is hard to beat and officers often give roadside reductions to save you the time of going to get it reduced at court. He's essentially telling you this is the best you're gonna get out of this so don't bother.
HOWEVER He is perfectly within his rights to ask for a trial review disclosure and head to his court date, if the cop shows up just plead guilty (no harm, no foul). This strategy will add many months before a conviction ever appears on the record, and gives you possibility of getting a officer no-show, or some other technicality.
But lets be real: 1 minor speeding ticket isn't going to get anyone fired and if it were then he'd never driver over 40 (even on a highway).
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