I got a red light ticket. Different people told me to say nolo, and that way get off the hook. However, I heard that if the cop does not show up, I should say I am not guilty instead. How does that work? What is the best thing to say in either situation (with or without the cop there)?
2006-08-02 09:13:02 · 32 answers · asked by charlottita_c86 1 in Politics & Government ➔ Law Enforcement & Police
It depends on the venue. If the cop doesn't show, it's not always a closed case in your favor. If you're at court then you obviously have a reason for being there, meaning, you have an "explanation" or "excuse" for the violation at hand. Otherwise you'd have just paid the ticket and been done with it. If you're planning to lie, then you deserve the ticket anyway and whatever penalties they could possibly add to your case. Best advice: state your case plainly and honestly, and if you're there to go for a no points or non-moving violation so that it doesn't go on your driving record, then ASK FOR THAT DIRECTLY. Most of the time you'll get it along with a fine, but it's worth it in the end since it wouldn't go on your driving record and your insurance wouldn't know about it, and then they wouldn't raise your coverage rates. TAKE THE LONGVIEW!!
2006-08-02 09:16:55 · answer #1 · answered by vrandolph62 4 · 0⤊ 0⤋
Sometimes answers to questions are just wrong. Pleading "Not Guilty" does not mean "I did not do it." It means: Prove it!
Pleading Nollo means: Even though I am not admitting it, I will take the punishment. (Same as "no contest" in other states).
Bad part: In many many many (dare I say most) traffic courts, the first appearance is merely for the entry of a plea. THEN you get a trial date.
If the cop is not there on the first date, so what (in fact, he probably shouldn't be in many courts), since there is no trial that date, there is no reason for the witness to be there.
If the cop is not there on the trial date, the city attorney will probably dismiss the case, but could ask for a continuance. Since a red-light violation is not a crime, but a quasi-criminal offence, the attorney CAN call YOU adversely. You will then testify (since you are under oath, we presume you will tell the truth) as to what happened.
But, as I said, the city attorney will usually dismiss if the cop does not show up on the day of the trial.
Not advice, but what would I do?
On the back of your ticket, you may have the right to enter a NOT GUILTY plea by mail. Mail it in, NOT GUILTY. Then, you will get a notice of pretrial (or trial) with the city attorney. You go to that, see if you can't work out a deal. (A non-moving violation = no points, not reported to the insurance company, but you pay about the same fine -- city wants the money).
If that doesn't work, go to trial date (could be same day) and if cop is there, see if you can't get the last best offer from the cop, because the more you think about it, you would rather just get it done with.
(Been there, done that. Sometimes (usually) it works; sometimes it does not.
2006-08-02 11:12:35 · answer #2 · answered by robert_dod 6 · 0⤊ 0⤋
1. what do you mean get off the hook, if you plead nolo, you stlll pay the fine and you still get points, the only reason you plead nolo is if there was a wreck and you don't want to have a guilty plea used in civil court.
2. yes if the police officer does not show up, the judge can
( but does not have to) dismiss the case. The judge can dismis the case since there is no one to present evidence against them. But the judge does have the right to just continue the case also
2006-08-02 11:23:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It's a game of roulette in a way. You can either go to court and contest the ticket, in hopes that the cop isnt there (in which case I believe it is then dropped), or you can just pay the ticket. If the cop shows up, chances are you'll still have to pay the ticket and possibly any court fees. Sometimes it depends on how big of a city/county you got the ticket in as to whether or not the cop will show up, if they have any quotas they have to fill, etc etc. If the ticket is relatively cheap, I'd just pay it. OH! And how did you get this ticket? Did you get pulled over, or was it sent in the mail? If sent in the mail (with out confirmation), you maaaaaaay be able to get away with just ripping it up and saying you never got it in the mail....but you'd be taking a chance.
2006-08-02 09:20:45 · answer #4 · answered by persinger_18 2 · 0⤊ 0⤋
"Nolo contendre" means "no contest" and is a way of accepting the guilty plea and paying the penalty without actually being found guilty. It has no relevence in your case unless you think you will be sued (for example, you ran the red light and smashed into someone).
And just because the arresting officer does not show up, don't think you will get away with it. You will still need to prove that the evidence supplied is invalid. Officers rarely make appearances in traffic court unless someone was seriously hurt/killed.
You need to look for something that can dispute the officers statements. For example, if you can show where he was located at the time of citation. Maybe he was too far away to make an accurate judgement. Maybe his vision was obscured. Maybe he was flat-on-his-*ss drunk and having sex with a hooker at the time. Something to show a degree of uncertainty and that you might be innocent.
2006-08-02 09:22:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
When a cop doesn't show up say not guilty, since the cop isn't there you'll be let off of the hook. If the cop in there say...i think....no contest.....something like that anyway. Which pretty much mean niether guilty or innocent, If you are charged with the ticket, take defensive driving and thing bring the paper from the DD course to your insurance co. so they don't up ur insurance premium.
2006-08-02 09:20:00 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If this was a red light violation with a camera, it'll be almost impossible to beat.
If it's a violation given by a cop, it comes down to your word against his. Unfortunately the courts tend to side with the cop. If he doesn't show in some states you may be off the hook, but in other they can reschedule the trial.
2006-08-10 07:58:06 · answer #7 · answered by Funchy 6 · 0⤊ 0⤋
Usually when the cop doesn't show up the ticket is dismissed at least in texas thats the way it is, but they usually show up. If you haven't taken defensive driving course in the last 2 years you can do that. Or just pay he ticket and the red light means STOP
2006-08-02 09:21:27 · answer #8 · answered by KIM A 3 · 0⤊ 0⤋
I am an insurance agent , and i can give you this advice based on the incredible amount of times i have seen this situation come through my door, if the officer does not show up to court to dispute the ticket, then you need to plea not guilty, what happens at this point is that the judge has to look at it as his word against yours, and with out him there to dispute the situation 9 out of 10 times its thrown out
2006-08-02 09:21:27 · answer #9 · answered by peaches 1 · 0⤊ 0⤋
If a cop doesnt show up, you can basically say whatever you want. When the police officer doesnt show up, the judge usually takes it as the case being insignificant and will in most cases let you off the hook.
2006-08-02 09:18:18 · answer #10 · answered by hi_im_chris_07 1 · 0⤊ 0⤋