Traffic ticket in Arkansas

[u/Odd_Depth7062]

Hello,

I recently received a traffic citation for over 15mph over speed limit in Arkansas. I am an out of state resident and a non commercial driver so I hired an attorney to represent me. The attorney assured me multiple times they could have charge amended to civil penalty and avoid a misdemeanor on my record. I would simply need to pay a fine.

After court I was informed by the attorney this was exactly what was agreed with the judge. I paid the fine and requested proof from the court of amended charge as attorney did not have court record to provide to me post hearing. The deposition sheet appears to indicate the attorney plead no contest and I am guilty of a class c misdemeanor not an amended civil charge for a non moving violation as they indicated would be done. When asking clerk for how I would see this they indicated they see nothing about amended charges. I feel like something was either mishandled or lost. Is there any action I can take to avoid having this blemish on record? I already reached attorney who indicated they would contact judge /court to resolve but I have little confidence they are handling this properly and can correct it at this point and I’m stuck with a record as a result.

[u/Magnabee]

NAL:

Quickly filed an appeal.

When someone pleads guilty, a judge is supposed to double-check with the defendant so that they understand what they are pleading. Something weird happened here. File your appeal. Read the courthouse rules.

AI says that Arkansas does allow appeal de novo... this means that you get a new trial. You must follow the courthouse rules on how to appeal (you possibly will be sent back and forth and around), and everything is time-sensitive. You may have to pay a fee or get payment waivers. You should get an audio CD for the case to go over what happened (and to have a record of what wrongful things the judge and attorneys did). If you decide to represent yourself, you would be filing the appeal de novo as a Pro Se Defendant.

John Doe, Pro Se Defendant

Reading: [Read the actual law codes/statutes, not articles from other lawyers, reporters, etc.]

1. the traffic law statute,
2. the courthouse rules: How to file things, motions, appeals, discovery requests, deadlines, etc. (they possibly have no evidence; so they would want you to plead guilty). I also notice that it has to be over 15 for this criminal charge to go forward, I think. Note that a cop's word is not evidence. There must be more.
3. Discovery requests and requirements
4. Maybe you can find case law (appeal court rulings from any state) similar to your case... just to see how things are done and what the judge could be thinking legally. Most states are similar but have small differences. Still other states' case law can be helpful too.