I was pulled over for a ticket.
Rolling stop.
Officer wrote on citation I was going approx. 10 miles per hour, which is way off the mark, so I want to contest the ticket.
Also, he never ran me through the system. He didn't ask for my registration or Insurance.
He TOLD me he didn't run me even after I begged him to because for over 10 years I've had a perfect driving record.
He said he had to give me the ticket because his riding buddy wouldn't let him let me off.
I plan on contesting based on the speed, and the fact that I've been living here for 15 years, the stop was about a 1/2 mile from my home, I've been proactive in getting parrots set up, and petitions signed to get speed bumps put in to get people to slow down.
CALIFORNIA LAW APPLIES.
So, does anyone have any experience with this type of thing?
Advice?
2007-02-25 09:45:05 · 12 answers · asked by paddlinglikecrazy 3 in Politics & Government ➔ Law Enforcement & Police
The lack of asking for your registration and insurance have no bearing on the citation at all.
Neither do the location near your home, your prior record, what his partner said, how long you've been there, and what other community involvement you were in.
Even the error in speed may not be enough. The only thing that will matter at the trial is whether or not you came to a COMPLETE stop at the stop sign. Unless you are prepared to offer some evidence that you did so, then you would be better off paying the ticket.
2007-02-25 09:58:01 · answer #1 · answered by Citicop 7 · 4⤊ 0⤋
All the answers here are right. Everybody gets a first citation; if the police did not give tickets to people who had never had a ticket, then nobody would ever get a ticket. He had no reason to "run you," I am sure he believed you when you said you had a clean record--that is probably why he did not ask for registration or insurance--it just did not matter. You were not cited for speed, so you cannot contest the speed and prevail. Living in the same place for 15 years, being close to home, and supporting law enforcement? Not a defense.
I post only to remind you that you can go to traffic school. It is available on line. It adds a bit to the cost of the citation, but it keeps it off your record, which may be of some insurance benefit to you.
2007-02-26 03:12:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
hmmm. You never really said that you DID come to a stop. Which leaves me wondering. Was it or wasn't it a full stop?
He doesn't have to prove you were going 10 mph, or 5, or even 1 mph. All he has to do is stand before the judge and say "Your honor, the driver did not come to a full stop". And then you pay the ticket, regardless of your driving record, how long you lived there, or how many petitions you signed.
We all break the law from time to time. If you got busted for it, I'm sorry, but that is life. Very few people can get through a lifetime of driving without being pulled over for something!
2007-02-25 09:51:47 · answer #3 · answered by powhound 7 · 3⤊ 0⤋
Did you do a rolling stop? If you did, pay the ticket
Even if you "feel" you didn't deserve a ticket, if you were wrong just admit it and move on. Besides, in court only the facts are admissible, all your arguments above are emotional based arguments which are not admissible. You can fight it, its you right. But know it will likely be your word against his, and even with your perfect record (which will not be admissible in court) he will likely win. Note: if it was a stop sign violation, the speed will also be irrelevant.
If you have some proof (photos of the stop sign area showing it would have been impossible for him to see you, a witness who saw you stop completely) you might be able to win. Don't confuse the facts w/ emotional arguments.
Note: the officer is not required to run you in the system.
Good luck,
--Z--
2007-02-25 11:20:18 · answer #4 · answered by Z-Force920 3 · 1⤊ 0⤋
1st off you weren't pulled over for a ticket, you were pulled over for a moving violation, 2nd your speed again as mentioned before does not matter here due to the fact that you were not speeding. i have officers who pull a million cars over (ok not really a million) and never run their drivers license or anything like that and just because you have a clean driving record well it doesn't matter i've seen drunks with clean driving records get arrested my point is a judge will not and does not care how far from home you were pulled over what you've done in your community that fact of the matter is you broke the law now pay up UNLESS you want to pay more for the court cost and the officers overtime for scheduling a hearing....? you'd be better off just paying the ticket and wiping the dirt from your shoulder
2007-02-25 11:07:36 · answer #5 · answered by Fire Lt. 4 · 0⤊ 0⤋
Well, as has been discussed b4, there are good cops and bad ones, and some with quotas and some without.
A good cop would have checked your record and seen that you didnt have any prior violations and as long as you werent endangering any lives, probably let you off.
But protesting the ticket, if you didnt come to a complete stop is a waste of time and money. They will always believe the cop, and none of the other facts of where you were or live will matter.
And protesting it will cost you more in court costs.
If you have been clean driving for 10 years it's not going to hurt your liscense or insurance.
2007-02-25 11:03:24 · answer #6 · answered by mslider2 6 · 0⤊ 1⤋
Just because a mistake was made on the ticket doesn't mean that it will be dismissed. All D.A. has to do is ask the officer to explain that a mistake occur ed and testify to what happened. And your defense just went down the drain. I know some officers need to use alittle common sence and judgment in certain situations but what can you do............pay ticket and stop twice at the next one.
2007-02-25 10:47:25 · answer #7 · answered by rlnoon 2 · 0⤊ 0⤋
Why on Earth would they be required to ask for your insurance or any other info. that they didn't want or need? You don't have to ask for that stuff, the MCT terminal in the car runs your tag and driver's license and tells if you have warrants.
The fact that you don't deny failing to come to a complete stop is also a telling point. I am guessing you didn't stop and are no flailing about trying to come up with some excuse why that shouldn't matter, but it does.
2007-02-25 12:49:37 · answer #8 · answered by Anonymous · 1⤊ 0⤋
The officer is not required to ask you for your insurance and registration, although I find it VERY difficult to believe that he wrote you a ticket WITHOUT seeing your registration.
As for the ticket itself, the speed is a "contributing factor," not the violation itself. If you rolled the stop sign - which you admit to doing - you're done. Pay your fine and be done with it.
2007-02-25 11:15:18 · answer #9 · answered by Team Chief 5 · 0⤊ 0⤋
There is no rolling stop. If your moving, you ran the sign. If the officer didn't ask you anything else, does that mean you didn't run the sign. NO.Guilty plea and Pay your fine. Thank goodness you didn't hit anyone.
2007-02-25 09:54:34 · answer #10 · answered by Anonymous · 2⤊ 0⤋