Dear Atty. Rodriguez,
I was driving my car on my way home at around 1AM when a police officer stopped me. He came over and asked me for my license and registration. He said that one of my headlights was broken. I told him that I did not know it was broken. I apologized and said I would have it fixed the next day. Minsan lang akong mag maneho sa gabi kaya di ko napapansin. He still gave me a ticket. The fine I have to pay on the ticket is $110. Ano ang dapat kong gawin? Babayaran ko ba o ilalaban ko? I really did not know it was broken. I never noticed it. I hope you could help me.
Romeo
Dear Romeo,
It is really up to you. But it is better to set a trial date dahil baka swertehin ka at hindi dumating ang pulis. If the cop doesn’t show up, the prosecutor usually withdraws your charge. But if the cop is there, then you could speak to the prosecutor and negotiate. If you tell them you want to resolve the matter, they will tell you what deal they are willing to offer you. Sa kaso mo, malamang ang hingin nila sayo pag nag plead guilty ka is a lesser fine than $110. Pwede ka makiusap na babaan ang fine. And after you plead guilty and sentenced, you should indicate how many days you need to pay the fine. Now if you want to go ahead with a trial, you can. But you have to really think about whether it is worth it. Sa totoo lang, wala ka namang excuse kasi aminado ka na sira nga ang ilaw mo. Kung hindi sana sira sige, go ahead with a trial. If it is really broken like in your case, what excuse do you have? Not knowing that it was broken is not an excuse in this case. Pero depende pa rin sa prosecutor kung ano ang gagawin nila. May ibang prosecutor na on the trial date, if you show them a receipt that you had your light fixed immediately after you found out about it, they will withdraw the charge against you. But some won’t. Bottom line, set it for trial. On the trial date, pray that the officer doesn’t show up, because if he doesn’t, then the prosecutor will withdraw the charge against you. If he does show up then negotiate with the prosecutor for a withdrawal of the charge upon showing proof that the light have been fixed. If he does not agree, then you can choose to enter a guilty plea and ask for a lesser fine. If you decide to go to trial, good luck!
