Can you really fight a traffic violation?
My brakes went out on me last night and I could not stop at the first red light.I was able to stop at the second one and by then I was being pulled over.Should I accept responsibilty and pay up or fight it
2007-10-20 02:43:06 · 20 answers · asked by denise 2 in Entertainment & Music ➔ Polls & Surveys
When you go in for arraignment (instead of paying the fine) the judge will ask you if you want to do one of three things...
1. Plead "guilty" and pay the fine...
2. Plead "not guilty" and get a trial by judge scheduled...
3. Plead "not guilty" and get a trial by jury scheduled (usually scheduled exactly one month later, depending on how big the city you live in is...
If before you go in on the court date of your ticket, you get your brakes fixed, and save the repair and repair bill receipt...when you go in, explain to the judge what happened, show him/her the repair receipt, and ask that the case be thrown out...if they won't throw it out, opt for Trial by Judge...
(This relies on you remembering what the police officer who pulled you over looks like, so you will recognize them when you enter the courtroom...)
When you come back a month later for the Trial, if the police officer who pulled you over is not present in the courtroom...they throw the case out...and there are many reasons why the officer might not be there...he got caught on a traffic "situation" out there in the field, he's on vacation, or it's his day off, and he "ducks" out of the appearance 'cause he's gone fishing, etc...
If the officer IS present...you lose automatically...so...once more explain the situation, and show the judge the receipt, and ask it be thrown out...if they again refuse...you'll have to pay the fine with a tiny bit more thrown in to cover court costs...but it's not much more...
Hope this helped...If you're not financially challenged, and you don't have very many priors...just take the driver's safety class to avoid anything going on your record, and to avoid insurance increases...or if you really want to make things easy and don't care about a slightly higher insurance premium every month...just pay the damn fine...time is money, right?!?
2007-10-20 02:58:23 · answer #1 · answered by Anonymous · 1⤊ 1⤋
You can fight a traffic ticket, but if you're negligent in replacing your brakes, then that's on you. If it was a flaw in the brake design or with the car, then you might have a grievance with the car's manufacturer. You'd want to talk to a lawyer if that's the case. A lawyer would know all of the in's and out's of the legal system to successfully get you out of the ticket, and then go to the automobile or brake manufacturer for the cost you incurred for the lawyer and time away from work.
If you're not willing to go through all that, then just plead guilty and see if you can get court supervision (or the equivalent in your state), which would erase the violation from your record after X number of days without a traffic violation.
2007-10-20 02:48:02 · answer #2 · answered by Mickey Mouse Spears 7 · 1⤊ 1⤋
You can fight the ticket but, at what expense. You will have to explain that if your brakes went out why did you not stop the car as soon as you could? The second thing you will have to answer is how did you stop at the second light? Then you will have to look at the expense of fighting the ticket, have your vehicle checked out, have an expert witness explain how the brake failure occurred, then explain how they started working again. Add to that, the time you will need to be off from school or work. I would just say, if you don't like getting tickets or can't afford them obey the law. Bottom line, it's cheaper to pay the fine and chalk it up to experience.
2007-10-20 02:52:10 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Yes, you can fight it and you shouldn't need a lawyer. Do have your brakes fixed and get a statement, preferably notarized, from the repair shop. If you win, you shouldn't have to pay court costs, but if you lose, you'll have to pay the fine and the court costs. Much depends on the mood of the judge. Be respectful, calm and have your facts ready and clear and you should do alright. Good luck. P.S. A brake line could burst at any time-not necessarily negligence on your part. You haven't said what the brake problem was.
2007-10-20 02:50:51 · answer #4 · answered by chiquita 3 · 1⤊ 1⤋
You have to prove it by getting a mechanic to say your brakes were going oiut. But then the ticket would probably be driving an unsafe vehicle that wouldn't pass inspection. Just get a lawyer to plea for you. They will reduce it to a no point violation, it won't go on your record and your insurance won't go up. The lawyer will be about $100 and the fine could be anywhere from $150-$200. Worth it if you ask me.
2007-10-20 02:48:07 · answer #5 · answered by Flower Girl 6 · 1⤊ 1⤋
You did not say if you were ticketed for running a red light or faulty brakes. Fight either or both.
Safety citations are often dropped upon proof that the cited hazard has been repaired. The intent is not to penalize but to get dangerous vehicles off the road or fixed. If you got a citation for running the light, your proof that your bad brakes, now repaired, was the cause of it, may help you on that.
2007-10-20 02:52:01 · answer #6 · answered by curtisports2 7 · 1⤊ 1⤋
Plead not guilty and go for the reduced fine. No offense but your car, your brakes, your responsibility. Believe me, I've been told this numerous times. Good luck.
2007-10-20 02:51:31 · answer #7 · answered by Mr. Bull 5 · 1⤊ 1⤋
I would fight it. I got a speeding ticket once. I took my truck to the shop and they told me that my speedometer was 1 mph off. I took that paper into court on the specified date and it was dropped due to falty equipment.
2007-10-20 02:46:10 · answer #8 · answered by La Flaca 4 · 1⤊ 2⤋
You can try,,,if it really was your brakes, then it wasn't your fault..however, if that's your excuse for running a red light, rethink fighting it
2007-10-20 02:46:42 · answer #9 · answered by madsmaha1 7 · 1⤊ 1⤋
that is kinda messed up..did you tell the officer your brakes went out?
yeah u should fight it. but than again getting your car checked and brakes checked is good too
2007-10-20 02:46:46 · answer #10 · answered by Anonymous · 1⤊ 2⤋