My son was on his way home from a friends house, also in Chicopee. The car was stopped for passing a red/yellow light. Color depends on who you ask. My son was not the driver. When the officer approached the car he noticed that my son was under 17 and it was 12:30 am. The curfew is 12:00 am on weekends for public areas. I appealed the citation, written to my son and am awaiting my day in court. Is he truly in violation if he is traveling in a car? The ordinince does mention that exemptions are "traveling through the city" Is he traveling through the city if we live here too? Has anyone else been given a citation?
2006-08-14 08:51:58 · 8 answers · asked by Debi 3 in Politics & Government ➔ Law Enforcement & Police
Don't even try to argue the color of the stoplight if your son wasn't driving the car.It's not germain to your argument,atleast that's what the judge will say.
If the driver was not an adult then your son could be considered as being part of a group of minors (even if there were only two of them ) who were violating curfew.If the driver WAS an adult , then he had a chaperone.I'm no lawyer,but it seems to me that a minor accompanied by an adult isn't in violation of a curfew.
Since you all live in town don't even THINK about using the "passing through" argument , unless it was an emergency situation,or he was on his way to an airport, or something else of that nature that you can PROVE.Trying to bullsh*t a judge will only get you the maximum penalty.
Show up at court.Have yourself,and your son,dressed appropriately.You may be able to have the fine reduced,or eliminated in lieu of community service.Try using the excuse of "lost track of time".That may reduce the fine,as teenagers aren't known for being clock-watchers.
Hopefully your son has no previous history with the law.If he does your pretty much sunk.Does he get good grades? Bring his report card.Does he sing in the church choir? Bring a note from the Pastor/Priest/Grand Wizard/Whatever.Does he have a job? Bring the paystubs.Bring anything to court you can that shows he's a little angel(if he really is,otherwise just take the lumps).Show that he is responsible,and that this is a one-time mistake.
2006-08-14 09:15:20 · answer #1 · answered by Danny 5 · 0⤊ 0⤋
I would fight it. I would try to get an attorney, sometimes misdemeanor violations can be handled out of court for $100.00 and you won't have to pay a fine. Your son may have to do some community service or a short probation period though, but don't worry, that won't mean he's a bad person or a problem child. Good luck to you.
Also the district attorney will probably offer you a plea bargain, if not, then go for the attorney. P.S. Do not let the public defender represent your son, most are former DA's who previosly worked for the state.
2006-08-14 09:01:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
this whole country should have a curfew on all kids under 16. was the driver an adult? if so then the curfew usually applies to kids without adult supervision.
if not pay the fine lesson learned don't break the law. their are reasons for these curfews.
2006-08-14 09:00:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
if he was going home then he shouldnt be in violation of the curfew, the judge should agree with me on this one.
2006-08-14 08:58:18 · answer #4 · answered by mike g 5 · 0⤊ 0⤋
That really sucks, you should fight it. Also try claiming that he was traveling from a study session or something along those lines.
2006-08-14 08:57:12 · answer #5 · answered by fosterb_2004 2 · 0⤊ 0⤋
OH My god! You people have curfews? Really? That is obscene!
Home of the free my ****!
2006-08-14 08:56:27 · answer #6 · answered by the_big_v 5 · 0⤊ 0⤋
If you know someone at the courthouse you can have them "lose" the ticket.
2006-08-14 08:56:17 · answer #7 · answered by want it bad 5 · 0⤊ 0⤋
i think you have a good agrument. it seems that one should be able to be in a private vehicle to go home.
2006-08-14 08:56:48 · answer #8 · answered by naveh4 2 · 0⤊ 0⤋