Article 894- how does it work?

[225todd]

Alright here's the deal- I got pulled over the other day and got a hefty speeding ticket in a little "speed trap" town. I ended getting a ticket for speeding and careless. Just so you know this is not like me. The officer told me once I call to find out about the fines to ask how I can keep this off my record since prior to this I have a clean record. I assume he was talking about an article 894. I am not familiar with this so how does it work? I am aware that I still have to pay the fines but does it keep it off my insurance? Also is this a "one time only" deal? And also will it cover both charges or just one of the two? Is it the same as going to traffic school? Sorry about all the questions but I am a transplant of 10 years here and never heard of this before. Thanks.

 

[Bill Baldwin]

You can read about Code of Criminal Procedures, Article 894 here

The person that can answer your questions most accurately would be the assistant prosecutor that has been assigned your case. I certainly wouldn't ask her how many you can get, though. (it's one every five or ten years, depending on the offense)

 

[Doc Holliday]

Article 892.1 covers driving school...

 

[225todd]

I didn't mean for it to sound like I'm planning in using another 894 anytime soon. I went 12 years without a moving violation. Just wanted some info for the benefit of having it. I like to know as much as I can about my options before I make a decision.

 

[crazy white boy]

If it was Golden Meadow they will add on a fee of 25.00 to file the article 894 for you. 1 Year later you will receive a letter requesting another 25.00 to request the paperwork be submitted again. So they get you in the pretty lil speed trap then they bend you over for a year steadily getting more.

 

[Barry J]

If you get an 894, the DA's office doesn't sent the information to the state to have it put on your driving record. If you get another ticket within the year, they send both of them in. You still have to pay the fine and court costs. And if it is Golden Meadow, you have three choices, don't speed, pay the extra $50 to keep it off your record, or don't ask for an 894 and let it go on your driving record.

 

[tim9lives]

Article 892.1 covers driving school...

Yea...I think 894 may be for felonies...893 for misdemeanors...and I'm guessing 892.1 for driving. At least something like that. As I remember...when I went before the Assistant DA...I just asked him about it. He informed me of which one I could plea so it would not go against insurance. I think it did have a driving school requirement which was a couple of hundred dollars and a couple of days in class.

 

[225todd]

Thank you all for the info. I am doing my research today and will call the DA tomorrow and plead for mercy

 

[general mills]

Don't know much about 894, 893, ect., but I am like you and very seldom get moving violations. I got one 2 years ago, and when I called the local sheriffs office where the ticket was issued, they said If I wanted to keep it off my record, just send in the fine with a letter saying I didn't want this ticket on my record and they would not process the ticket. Despite my skepticism, follow up phone calls proved this to be true. Not sure how this works legally, so I don't want to mention where this happened, but you may be surprised what you can get with a phone call, a clean record and a willingness to pay.

 

[Fred_G]

A little OT here, but how much would one speeding ticket affect your insurance? I have never gotten a speeding ticket, but would just one really matter? I did get a ticket for running a red light years ago, love how the ticket only cost $15, but court costs were like $75. But I was paying the ticket before the court date, cause I was guilty, but still had to pay court fees...

 

[225todd]

Ok so I called the dept today and like you said GM the officer told me when I send in my fine just send a letter asking the courts to change the offense to a non moving violation and as long as your record is clean they'll help keep it that way. Also Fred- the ticket I got was for a careless also (because I didn't see where the speed limit dropped, so it was kind of a hearty speed) so it would kill my insurance rate. I was kinda proud of my history- now it has a scar ! I feel good about keeping it off my insurance though

 

[general mills]

Ok so I called the dept today and like you said GM the officer told me when I send in my fine just send a letter asking the courts to change the offense to a non moving violation and as long as your record is clean they'll help keep it that way. Also Fred- the ticket I got was for a careless also (because I didn't see where the speed limit dropped, so it was kind of a hearty speed) so it would kill my insurance rate. I was kinda proud of my history- now it has a scar ! I feel good about keeping it off my insurance though

Good deal. I wonder if you got a ticket in the same place I did?

 

[RedStickChick]

Ok so I called the dept today and like you said GM the officer told me when I send in my fine just send a letter asking the courts to change the offense to a non moving violation and as long as your record is clean they'll help keep it that way. Also Fred- the ticket I got was for a careless also (because I didn't see where the speed limit dropped, so it was kind of a hearty speed) so it would kill my insurance rate. I was kinda proud of my history- now it has a scar ! I feel good about keeping it off my insurance though

Scars just add character. At least that's what I've been told. A lot of people will tell you to save 894 for a DWI (at least I think that's the article for it) but being that I'm not a big drinker, I've used it up as well. I don't get a lot of tickets. I've gotten the stupid camera tickets though. Hate them.

And as for your scars, imagine the only ticket on your record being from an ex. It cuts deep lol.

 

[Suburbazine]

A good letter usually works better than an 893/894. 1 to 1.5 pages, simple (but make sure you remember your proper English) and to the point. A good letter and some $$$ will chip the ice off even the most frozen heart.

 

[225todd]

Alright, I'm about to write this letter but who do I address it to? Would it be a judge, the DA, or just whom it may concern?
(I should clarify- I meant who should I put in the header of the letter. I was told to send it in with the summons.)

 

[225todd]

And as for your scars, imagine the only ticket on your record being from an ex. It cuts deep lol.

Ouch, that sucks!

 

[Barry J]

Alright, I'm about to write this letter but who do I address it to? Would it be a judge, the DA, or just whom it may concern?

If you got it in Golden Meadow, send it to the mayor. They have Mayors Court there.

 

[Btl_Rkt_Sci]

In a speed trap town they may be less likely to do this, but before you do anything call the DA's office. I've gotten tickets in small towns before and some places have forms you can fill out and submit to the DA and you may actually get time to sit down with someone from the office. Sometimes they'll basically review the case and either offer a reduced violation, take something off the fee, keep it off your record or dismiss it entirely. I've gotten a speeding ticket reduced to non-moving in WBR parish by just filling out a form and my wife has had a violation completely dismissed in St. Helena in a face-to-face visit...it all starts with calling them to see what they can do.

So, before you start commiting to paying the fine and spending the time and money on driving school, call the DA's office and see if they can offer any assistance first.

 

[edman87k5]

I have found that usually the little speed trap towns just want the money and if you ask them, they will not turn it in. Even had a cop in a small town that gave me a ticket, tell me to write "please do not turn in to insurance" on the ticket when I mailed it in. Worked for me. If it is a TOWN ticket, not sheriff, call the mayor. They will usually handle it for you.
I do have several and they never showed up on my insurance. Also, pay promptly!
Just my opinion, but has worked for me.

 

[AustinBR]

Not speeding helps too

--Sent From My Galaxy S4