Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the research/better under pressure.
Here's the details:
Ticket May 15th 8pm on 401 officer was sitting on drumbo road on ramp.
Claims 134 initial clock, but then he pulled onto highway, and of course may have taken second readings, while following etc. (I'm still waiting on disclosure, see below.)
at the pullover he comes to passenger side, so I'm the one handing over insurance, ownership etc.
Asks usual type of questions, why so fast, did it get away from you, so on and so forth, my wife, flustered basically babbles admission was going faster than speed limit, this that the other thing, so on and so forth.
He questions our license sticker not being up to date renewal, which I had to correct him on a couple times, because we had renewed online and were waiting on sticker in mail (I had the proper printout, with confirmation which is legal, which I had handed and pointed out to him before he even started his initial questioning.)
Writes ticket for 120 in 100, non-fatal flaw wrong birth year for wife (2 years off wrote an 8 vs. a 6.) He hands it over and states dropping 10 is the max allowed by an officer for a road side stop, if you need it lower go to court. $95 ticket
mailing options are fully provided for oxford county, with the usual need to select option within 15d. As we on our way out of the country for extended long weekend for a family wedding didn't get back until 1w later, and as such after reviewing options sent it back registered mail the ticket filled out as appear in court, intend to challenge officer, on May 30th (received by them the 31st.) so technically mailed within the 15d, 16th day was received.
Nothing comes until finally got trial notice sent back non-registered mail dated Dec 9th (received in mailbox Dec 13th) trial set for January 29th.
Spend next couple days reviewing next steps, getting prosecutor's name and fax, and write a disclosure letter and have wife fax over the disclosure request on December 18th, providing mailing address for which it is to be sent, no phone, so we don't have to go and pick it up (1hr from where we live.) Have not yet received, will be prepping a second request after deal with 11b.
Getting close to the 15d minimum to send in 11b challenge. So here's the ultimate question:
while I recognize there is no time guarantees, and many sites say 14m, 12m 10m, there are numerous references to 8months+ as being grounds for 11b. Likelihood of success here?
It seems somewhat unreasonable that it took 6.5 months just to give notice of trial for a simple traffic ticket matter, and trial is an 8m14d from notice of offence (but technically 8m almost exactly from intent to appear.) Now of course waiting to get disclosure to see at minimum what notes officer made, including the confusion he had about online renewal, did that make us memorable, or actually forgettable. I'm sure due to Christmas closures, getting that from the officer and prosecutor, won't exactly be expeditious.
Couple other points, prosecutor in Woodstock is contracted out to a 25y practicing lawyer, so I'm suspect he could out-argue my wife, who is already concerned, and just wants to pay it.
Any thoughts, on the 11b outcome, or experiences with officer not showing, especially Oxford country POA, etc.?
One concern is that the JP actually "bumps" it back up on the evidence to 130+ which is a significant more fine, and extra demerit point. Hence of of the key reasons I want to see what the officer wrote/is likely to recall.
On the fence for how far to take it, Not really worried about demerit points, her record is fine, over 3y ago would have had a ticket on failure to submit insurance (on a BS pull over for "dirty license plate") proof, which was merely the pink slip wasn't the current one - hate that money grab type of charge, the policy is the same.....it's more the matter of having it stayed "easily" or just eating the $95 beforehand, and making my wife "happy"
then hoping insurance doesn't go up.
So are the 11b arguments weak for a likely "successful" outcome?
Last question for now is as I understand she can opt to pay the fine at any time up to the trial (which yes I understand by the very nature of paying admits guilt, something obviously ideally would love to avoid) and essentially if decided to do that, no one has to go to court.
thanks in advance!