I did stop but officer said it was not long enough. Is there a chance to win at the court? If I don't win, can I go to traffic school? I don't have ticket in 8 years.
2007-11-09 04:22:26 · 5 answers · asked by morninglory 1 in Politics & Government ➔ Law & Ethics
Nope, if the officer says you didn't stop long enough, then you didn't stop long enough. I got one too and I lost. You can go to court with it...but if the cop shows up, you lose pretty much automatically. Just suck it up, pay the fine, and do traffic school. Driving is a privilege, not a right.
2007-11-09 04:30:04 · answer #1 · answered by trer 3 · 1⤊ 0⤋
In answer to your question, yes, there is always a chance to win at traffic court. As a former municipal prosecutor I can tell you, "failure to stop" cases were among the easiest to get convictions. However, there are several things that you can do to help your chances. First, don't make any offer to plea to anything, unless and until you visually verify the police officer who wrote you the citation is in the courtroom. As I'm sure you are aware, only the officer that wrote the citation can testify. If you don't see that person, you are perfectly free to inquire of the prosecutor whether his/her witness is present. If not, just sit tight and wait for the judge or prosecutor to dismiss.
If the officer is present, you must cross examine him/her as to where they were located in relation to your vehicle. What was their duty assignment at that time, and ask lots of specific questions leading up to the fact that the officer could not testify beyond a reasonable doubt that he saw your vehicle fail to completely stop. Oh, and most importantly, don't testify that you made a "California" stop or a rolling stop. Stick to your guns. If you stopped completely, say that!
With regard to your question about Traffic school, that depends entirely upon your jurisdiction. However, most likely, if you have not received a moving violation in 8 years, you should be spared that expense and injustice. Best of luck!
2007-11-09 04:38:13 · answer #2 · answered by VI Guy 2 · 0⤊ 0⤋
This will be considered a "judgement" call on the officers part. Not likely you will win and then you will also be paying court costs. Read the ticket as far as driving school. Some state that you can only attend if you plead guilty and pay the fine without going to court.
2007-11-09 04:53:37 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
"Can" you win? maybe, but don't count on it. Traffic courts almost always take the cops word over the drivers.
Traffic school will depend on your States laws. In my State you could, yes.
Richard
2007-11-09 04:30:05 · answer #4 · answered by rickinnocal 7 · 0⤊ 0⤋
in case you do no longer elect to pass to site visitors courtroom and look till now a decide, you could admit to being accountable and mail on your fantastic. in case you fail to attain this and likewise fail to look in courtroom, there will be a warrant issued to your arrest. The police will in all probability no longer come searching for you, yet once you're ever stopped back for ANY reason, that warrant would be on report and you'd be taken to detention center.
2016-10-15 22:00:02 · answer #5 · answered by ? 4 · 0⤊ 0⤋