ORIGINAL: BagginBigguns
WideOne,
Thanks for your input on this matter. This is exactly the type of analysis that I was hoping for here. I was thinking that the ignorance argument would be futile, but perhaps it will have some merit in the courtroom when the penalty is being considered. While it is possible that my friend will become an "example" to others, perhaps a sympathetic judge will be less harsh.
Don't count on a sympathetic judge unless all else fails. Ignorance of the law will go nowhere if the DA and charging officer have it in for him. The judge doesn't have much choice on how he rules and will pretty much follow the advice of the DA or a negotiated agreement if there is one.
You have much better chance pleading for mercy from the DA well before any trial date is set. The DA will not normally negotiate unless the issueing officer is at least not belligerant in his charges. They will both want to make sure they are on the same page and the more coordinated and in agreement the defendant is learning or has learned his lesson the better off he will be.