changing moving violation to non-moving violation

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changing moving violation to non-moving violation

I was cited for ‘failure to yield’ at a stop light in overland park. I would fight it if I could, but it would just be my word against his. I don’t know if traffic recordings or police vehicle recordings are available, but it would probably cost more to investigate that than it would to pay the fine. But I would rather not have a moving violation on my record if I can avoid it. Is it possible to change it to a non-moving violation?

Asked on May 29, 2018 under General Practice, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is possible IF the prosecutor agrees to this and the judge approves it (the judge must agree to all plea deals or changes in charges, but generally will go along with the prosecutor's recommedation). If you have an otherwise clean record, the prosecutor may agree to change the violation to some form of a non-point (no points on license) violation--many states, like mine (NJ) for example, specifically have moving violations which have no points on the license to give prosecutors this option; you often pay a higher fine, however, as a trade off for not getting points. The prosecutor does not have to offer you a plea to something else--it is his or her discretion. So what you should do is speak to the prosecutor when you get to court on the date scheduled, stress factors reducing your fault and/or your (we hope) otherwise good driving record, and ask if there is anything they can change the charge to or let you plea to which will allow you to avoid points on your license.


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