I have a court date this Friday to defend a failure to stop (at stop sign). It was a dark, wet, February night. Can I use weather as a defense?
2007-01-08 03:54:45 · 8 answers · asked by CaptainCrunch 5 in Politics & Government ➔ Law Enforcement & Police
If not, what's the best way to defend this. I have a clean driving abstract, by the way. Beg for mercy?
2007-01-08 03:57:22 · update #1
I did once. It worked. I ran a red light. It was icy, I was going downhill, when I tried to stop, the car kept veering to the left which would have taken me head on into oncoming traffic. I made a decision to just go through the light as there was no cars in the intersection.
The judge threw my ticket out.
M
2007-01-08 03:58:13 · answer #1 · answered by maamu 6 · 0⤊ 0⤋
Here are ideas, but I don't know the exact location:
(1) It was dark so you saw the sign too late to fully stop.
(2) The wet pavement prevented you from fully stopping, you were afraid you would spin out of control.
(3) You were unfamiliar with the corner, so you were more concerned about other traffic at the intersection.
(4) You stopped as best as you could under the rainy conditions.
(5) The police didn't really see you, they only suspected you of not fully stopping. Their vision was obscured by the rain.
Depending on where you are, there's a chance the policeman will not show up for the court appearance. Is there any way you can request a continuance one time? Your request might be based on health issues or employment requirements. A delayed appearance sometimes gets the police confused. Good luck.
2007-01-08 12:03:06 · answer #2 · answered by Blu 3 · 0⤊ 0⤋
Some courts offer you the chance to talk with the prosecutor and deal it to a non-moving offense for a higher fine. Other courts won't allow this except thru an attorney.
The weather really isn't a great defense, but I've seen some pretty lame excuses get people off in traffic court (and criminal court for that matter).
I can tell you that simply dressing in business casual or better, never hurts your case. I was always amazed by the defendants who showed up like the roadies for a KISS concert.
If you can afford it, an attorney is usually a good idea just to try for the non-moving violation if your excuse isn't going to fly.
2007-01-08 12:04:37 · answer #3 · answered by Lt. Dan reborn 5 · 0⤊ 0⤋
Wet roads relfects more of bad judgement on your part. My traffic infractions actually ask for the road condition so the judge can use it against the defendant. With this in mind, I would just fess up and say that there were no other cars around and you probably shouldn't have rolled through the stop sign.
2007-01-08 12:17:29 · answer #4 · answered by spag 4 · 0⤊ 1⤋
No, not really...was the sign obstructed? Too far to the right? On occasion...some signs are not close enough to the curb...unfamiliar with the territory...would be one explaination but stop signs mean stop...
2007-01-08 11:57:38 · answer #5 · answered by Patches6 5 · 0⤊ 0⤋
weather is no defense but it might be a reasonable excuse plead no contest then explane to the judge. He might go easy on you .
2007-01-08 12:00:56 · answer #6 · answered by Pat B 3 · 0⤊ 0⤋
weather is not a defense.
about the only way it COULD be a defense is if it was snowing heavily and the sign was covered.
2007-01-08 11:55:43 · answer #7 · answered by Kutekymmee 6 · 0⤊ 0⤋
nope, just plead guilty and ask them if you can just pay the fine without points.
2007-01-08 11:57:24 · answer #8 · answered by *Fool in the Rain* 2 · 0⤊ 0⤋