I made a left turn at 8:47 AM on an intersection were left turns are not allowed from 7AM-9AM. There were cops just ahead with a couple other unsuspecting drivers that were caught. Of course, I got a ticket too. I have a Trial by Declaration due 8/23/06 and cannot ask for traffic school (took one 8-hr and one 12-hr already :-0). What would be the best defense?. I was thinking about mistake of fact, because my car's clock has the wrong time and that would account for the bad timing. But I think that's too weak. I need good ideas, please!!
2006-08-11 06:49:03 · 11 answers · asked by debmend 2 in Politics & Government ➔ Law Enforcement & Police
Depends where you're from and what the Traffic Courts do with the guilty or for trial tickets. You may have a better chance to admit your quilt (15-10 min early, you saw police ahead) and say that you have a perfect driving record (I hope so and don't lie about it) and ask for leniency. The officer will confirm your driving record for the Judge (the Officer will have it with him for the trial). If nothing else happened at the scene and you were truthfull then I sure you'll get a break.
HOWEVER, if you go to trial and try the time excuse (mmm 15-10 min difference?) you might just dig yourself in a hole in cross examination. Also think about the Judge's ruling in case you're found guilty. He can increase your fine, points, suspend your licence and beyond.
Best advise, weight your chances.
2006-08-11 07:52:09 · answer #1 · answered by bonecrusher 2 · 0⤊ 0⤋
1. I have dyslexia -- I was trying to turn right!
2. I turned in an emergency. I had to avoid being struck by oncoming traffic. Even I wouldn't be dumb enough to turn left on purpose, seeing those cops sitting there. But to avoid an accident, I had no choice!
3. Turn? What turn? I didn't turn? The ROAD turned.
4. What, me? Please. I was following the guy turning left so I could report him to the police sorta like a citizens arrest. That guy in front of me could have been in an ACCIDENT.
5. It was an emergency! I needed to talk to the police officer RIGHT NOW, and I knew the only way I could get his attention away from the donut was to TURN LEFT on a no left turn arrow.
Hope these help. (forget the clock argument. That won't work)
2006-08-11 07:14:35 · answer #2 · answered by robert_dod 6 · 0⤊ 0⤋
The your clock had a different time is not going to work. Check for errors on the ticket, check to see if its the right code section. Check the law to see if the law is enforceable and check case laws of previous defenses and see if the law violates federal law. If all fails pay the ticket to avoid an appearance before the judge and not waste your time.
2006-08-11 09:52:59 · answer #3 · answered by bsure32 4 · 0⤊ 0⤋
Typically you don't argue traffic violations. Ignorance is never an excuse, so you won't be able to argue that you didn't see the sign, or you didn't know the correct time. It is your responsibility to understand the situation. To be honest, if you want the best outcome, come to the "trial" (probably just you and magistrate) well dressed, be polite, tell them that you made a mistake (politely) and that you understand that you broke the law.
2006-08-11 07:29:35 · answer #4 · answered by TheSilence 1 · 0⤊ 0⤋
Pay attention while driving. If you don't keep your clock current, why do you have it? Just pay the ticket and get on with your life. It sounds like you need to loose you license anyway, if you have that many violations in that short of a time span. No pity! I wouldn't want you on the same road as me.
2006-08-11 07:22:00 · answer #5 · answered by Spirit Walker 5 · 0⤊ 0⤋
Just know if you go with the weak excuse of "the clock in my car was off", everyone before you is going to use the same excuse. The excuse will not work to begin with and the Judge will be plenty tired and pissed off from hearing it over and over.
2006-08-11 07:56:57 · answer #6 · answered by Matt 4 · 0⤊ 0⤋
I would go with the clock was fast and it said 9:08....or just not show up get a fine and some points.
2006-08-11 06:54:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
plead guilty. Tell the magistrate that you weren't paying attention to the time and thought you were within the time frame. At best if it isn't dismissed you may receive a lesser fine. Next time...read signs. they aren't suggestions. They're the law.
2006-08-11 07:20:34 · answer #8 · answered by Quasimodo 7 · 0⤊ 0⤋
just accept your fault and say it will not happen again - you might get lucky - the exact same thing happened to me - no points, just a fine.(mine was at 7:30 am BTW in 7-9)
2006-08-11 06:55:40 · answer #9 · answered by ever_curious 3 · 0⤊ 0⤋
lol...thats funny that you are really trying to get out of the ticket...
2006-08-11 06:54:55 · answer #10 · answered by B W 2 · 0⤊ 0⤋