I've never understood people using 894 for traffic tickets outside of the criminal variety such as reckless op. You'd have to be a pretty serious offender for the prosecutor to not agree to change your violation status. As long as they get the money for the fine, they usually don't give a rat's ass what statute it carries as on the books.
Pretrial diversion?
- Thread starter RaleighReloader
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When I moved to Ozark county mo .22 years ago the local paper was full of $125. Defective muffler fines so one day I happened to be setting at the liars table with the local judge and prosecutor and brought up the number of defective muffler citations and they laughed and said it was because a female state trooper was trying to make a point a few years back and was writing tickets for 1 mile over ( 1-5 over $75.00 ) so they helped people out and let them plea down to $125 ( hillbilly math) the trooper was canned the prosecutor died and judge retired and these are the people whose job it was to protect us from criminals .
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CAJUNLAWYER
crusty old bastard
IT IS NOT AN 894!! It is pretrial diversion. BIG difference-trust me on this one. It is a winner winner chicken dinner. First off the DA gets ALL the $175 instead of having to split it up with the Sheriff, public defender, crime lab and parish. Secondly the defendant meaning you gets nothing on his record. Pre trial diversion is just that-pay the money-they sit on the ticket for six months and then dismiss it. Pay da money and move along-some jurisdictions also make you go on line and take a "driver improvement" course ans submit proof with the $175 so you're lucky. Used to be tat you want to court-they dismissed it to non moving-you paid a fine and that was it. However the DA's discovered that if they go the pre trial diversion route they get to keep ALL the money.
Legal??? you betcha. Ethical....................you make the call....
Legal??? you betcha. Ethical....................you make the call....
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IT IS NOT AN 894!! It is pretrial diversion. BIG difference-trust me on this one. It is a winner winner chicken dinner. First off the DA gets ALL the $175 instead of having to split it up with the Sheriff, public defender, crime lab and parish. Secondly the defendant meaning you gets nothing on his record. Pre trial diversion is just that-pay the money-they sit on the ticket for six months and then dismiss it. Pay da money and move along-some jurisdictions also make you go on line and take a "driver improvement" course ans submit proof with the $175 so you're lucky. Used to be tat you want to court-they dismissed it to non moving-you paid a fine and that was it. However the DA's discovered that if they go the pre trial diversion route they get to keep ALL the money.
Legal??? you betcha. Ethical....................you make the call....
This is how it was explained to me by a defense lawyer as well. Even though most parishes have called it "Article 894" for years, it is not actually, or legally, utilizing article 894. Essentially the DA just sits on the ticket and then throws it out.
whbonney26
Well-Known Member
Just a money racket. Income for city or parish.
In Pearl River a school zone speeding ticket is 350.00 but if you pay it they just put your money in the cash reg. and the ticket disappears. Money Money Money.
In Pearl River a school zone speeding ticket is 350.00 but if you pay it they just put your money in the cash reg. and the ticket disappears. Money Money Money.
Gator 45/70
Well-Known Member
Simple, Just go to court,Tell the Judge your not guilty and as a citizen of the USA demand a trail by 12 of your peers.
This will cost more than the ticket, Hence the Judge will throw it out!
Added note: You need a BIG set to pull this off but it can be done!
This will cost more than the ticket, Hence the Judge will throw it out!
Added note: You need a BIG set to pull this off but it can be done!
Oh, please do this. But please give us some advanced notice so we can go and watch the judge keep from laughing his @$$ off. If this were a real way to get out of a ticket, everyone would do it and get out of their tickets.
whbonney26
Well-Known Member
Actually way back when I was younger and used to get lots of speeding tickets in St. Tammany I would do something similar. You would go into court and they would call your name and you could say plead or trial. If you plead they would make the arrangements for you to go pay. If you choose trial they would hold you till the others paid and they would start the trails. Most likely they would lower the ticket to something less money to get you to pay less, but still pay something. At that time they would usually change the ticket to an inspection sticker ticket which was like 115.00 which was a lot cheaper than the speeding ticket.
Now, that being said, if you make any amount of money at work then its usually not worth it. They will keep you there ALL day as long as they possibly can. I was young back then and not making great money. It was worth it for me to sit there. My time is more valuable today and I just couldn't do it today.
Gator 45/70
Well-Known Member
Well I guess your not interested in the loophole made by lawyers for lawyers.
If the posted speed-limit on any road,highway or interstate that was built with federal funds in part or whole it has to have the speed-limit re certified every 5 years and a record keep in the courthouse, If not the speed-limit effectively becomes null and void, Blows your mind?
That is not the same as asking for a jury trial for a traffic ticket.
Louisiana Code of Criminal Procedure Article 779 - Trial of misdemeanors
A. A defendant charged with a misdemeanor in which the punishment, as set forth in the statute defining the offense, may be a fine in excess of one thousand dollars or imprisonment for more than six months shall be tried by a jury of six jurors, all of whom must concur to render a verdict.
B. The defendant charged with any other misdemeanor shall be tried by the court without a jury.
Gator 45/70
Well-Known Member
No, Never said it was, The trail by jury is just a little something in the Bill of rights, Simple stated its another obscure loophole used in this state
You won't get a jury trial for a speeding ticket. That loophole doesn't exist.
Gator 45/70
Well-Known Member
Nooooo, Read post #29
Your post 29 was replying to my post where I said it won't work. My comment about IT not working referred to your post about demanding a jury trial. That's what I want to watch. Sure, there are ways of increasing the likelihood of the ticket being reduced or dropped. Like asking for a trial and asking for a continuance until the cop isn't there, stuff like that. But a jury trial isn't one of them unless you're looking at a DWI or something serious. And the context of this thread is a speeding ticket. Again, let me know when you are planning to go in and ask for a jury trial for a speeding ticket. I like watching the judges try to keep from laughing.
RaleighReloader
Well-Known Member
I'm sorry to disappoint, but there won't be any trial. I went ahead and paid the $175, because it would cost me a lot more than that in lost wages to show up in court.
I'm still flabbergasted that it's legal to essentially bribe the DA into not bringing the charge to trial.
Mike
I'm still flabbergasted that it's legal to essentially bribe the DA into not bringing the charge to trial.
Mike
Gator 45/70
Well-Known Member
Did I not state that one needed a BIG set to pull this off?
Post # 28, Seems Mr Bonnie did actually get his reduced therefore we must deduce he has a BIG set.
Are you by chance my ex-wife?
It's not that you need or don't need a big set to ask for a jury trial. It doesn't matter the size of your set, you're not going to get a jury trial for a speeding ticket. And although he did not say it in post 28, I will say with certainty Mr Bonnie would have gotten a judge trial. HUGE difference in the amount of work that goes into it. For a judge trial, you only need the judge, who is already there and available. That does not cost more than the ticket. The cost of a judge trial for a speeding ticket is negligible. The biggest cost is likely the cost of the overtime for the officer. And that comes from the police budget collected from your tax dollars. So, again, your loophole regarding the jury trial causing a financial burden that makes prosecution not worth it is nonsense. It doesn't exist.
Was your ex-wife always right too?
Gator 45/70
Well-Known Member
Why yes we had words I just didn't get to use mine.
Well, for good or for bad, you've been able to use yours here. What was her stance on demanding the judge violate the Louisiana Code of Criminal Procedure by insisting on a trial by 12 of her peers for a speeding ticket?
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