Today my mom actually got her first ticket for not stopping at a red light to make a right turn, but we DID stop for a short time, and the police accused us of not stopping COMPLETELY!!!! what does he mean by that, we stopped and looked that there was no cars around and then turned, but he stopped us and gave away a ticket. We are either going to traffic school and paying for the ticket, or we are going to plead not guilty and go to court. But we never been to court before, do you need a lawyer or can you defend yourself on that case, and are we going to win this case or is there no hope and we should just pay the ticket. The police was being really unfair and wrote us: violation of traffic control device, and wrote: right on red ( no stop), when we actually did stop. HELP PLEASE!!!!!!!!!!!!
2007-11-29
10:16:38
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13 answers
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asked by
Coolioso
3
in
Politics & Government
➔ Law Enforcement & Police
By da way, we were at a small intersection and there was nothing around except old people, which i doubt they were watching! There is no surveillance tapes and no stores around the roads to get other tapes, so it was only me, my mom and da cop. We came to a complete stop for over 6 seconds and looked left and right and then turned, i am think that da policedidnt see us stop since he was still driving up da street, but wit horrible luck only saw us drive and turning. please do not post mean and hopeless comments on this page, trust me its not worth your or my time. Thank you ( people with nice, and actually helpful comment ), but i am still torn about whether to go to court or not, I need serious advice ( by da way da tickets is NOT minor, u gotta pay alotta money and we aint no rich people)!!!!
2007-11-29
14:04:07 ·
update #1
Here is what you do, plead not guilty and when they schedule your court date accept it, but then call them back later saying that you need to reschedule (because you have class or something). You see, they usually schedule all court days on a day that the particular officer whom gave you the ticket has the day off and can take care of the court issues. If you reschedule to a different day, there is a good chance they will not have the day off to attend the court hearing and it will be dismissed. Also, there is a good chance that the offense is so minor the officer won't waste the time going to court for it and it will be dismissed, or the judge will be lenient and dismiss it.
I have had two very minor and very quesionable traffic violations this past year, I plead not guilty to both and both have been dismissed.
2007-12-06 06:04:28
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answer #1
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answered by Spiffs C.O. 4
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Unless you have video evidence linkable to the exact day and time the incident occurred showing you and your mom in the car at the intersection coming to a complete stop, you have no defense, otherwise, no cop could ever write a ticket if all it took was the defendant saying "no I didn't" for the judge to dismiss the charge.
IF YOU DIDN'T COMPLETELY STOP FOR ATLEAST 2 SECONDS, GO PAY YOUR FINE AND MOVE ON. IF YOU ARE CONVINCED YOU ARE RIGHT THEN READ ON.
Hopefully (as this is your only hope) you can do the following:
Go to any and all businesses near the intersection and ask the managers if one of their monitors shows the intersection, even if it appears far off. If so, politely ask if they would let you watch the time you supposedly ran the light. If they say no, ask if they could watch it, that you just want to know if the tape shows what happened because you believe you stopped.
If they won't even do that, but you know their camera shows the intersection (even if far off) AND YOU KNOW BEYOND A DOUBT YOU STOPPED AND PAUSED TO LOOK AROUND, then go pay a lawyer to immediately subpoena the specific day and time period needed from the businesses. Find multiple cameras from different angles if no single camera has a good view of the intersection. Even if the intersection is far off on the camera, as long as cars are clearly visible at it, it may be useable, especially if the camera is in the direction you turned to.
Good Luck!
2007-11-29 20:44:05
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answer #2
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answered by Anonymous
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You do not need a lawyer as this is traffic court and there are no injured parties.The 1 question I have for you is, was it a "rolling stop"? Did your vehicle come to a complete stop? If you do as many of us do, it was a rolling stop which means you saw there was no danger and coasted through the stop. While no one was hurt the law is still pretty specific and the cop was being picayune. If there were no witnesses and you and the cop were the only ones there, fight it. It isn't very often that they come to court. When thy do you have the right to ask the cop questions to establish you case. DON"T BE BULLIED BY THE SYSTEM. You do have rights. You don't need a lawyer but you may wish to consult one.
Good luck
2007-11-29 18:33:03
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answer #3
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answered by Joshot 3
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As much as i hate to say this.. it's simply an opinion.. It's your word against the officers.. I think fighting it would cost way too much to merit fighting such a small fine and ticket. The only thing that will be effected is your mom's ego, because you will see no increase in your insurance and i think maybe 2 points on her licence.. If you do chose to fight it the DA will probably reduce it (before it gets to court) to a NON moving violation which is even less or equal to a parking ticket which in no points just a small fine. I would just plead not guilty and show up to court where the DA most likely will reduce it.
2007-11-29 18:25:37
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answer #4
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answered by Ditka 7
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First, there is no we, it's she. You are not going to traffic school. You are not pleading anything.
The police officer watching a vehicle that should stop normally watches the tires. If they do not stop completely, the car did not stop completely.
You have no evidence that you stopped. Simply your word against the officers. He may also have a dash cam showing that you did not stop. While it is your right to go to court, you don't really have anything to fight the ticket with. It may be worth going if the judge can give your mother driving school or a deferred disposition.
2007-11-29 18:25:53
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answer #5
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answered by davidmi711 7
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Chances are you did a "California Roll". You slowed way down, saw there were no cars, and proceeded through the red light. Don't waste your time and money on a lawyer. Just go to your court date, tell the judge your side of the story. If he/she doesn't buy it then just pay the fine. It's not worth the trouble to fight it.
2007-11-29 18:23:08
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answer #6
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answered by Milo 3
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Judges almost always believe cops unless you have good witnesses that were not in the car. The best thing to do is to enter a plea to keep it off her record, and to pay a small fine. This avoids the most costly part of the ticket, an increase in your insurance premiums.
2007-11-29 18:21:27
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answer #7
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answered by moonman 6
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its referred to as a rolling stop, the incident was recorded and it is your right in court to view the evidence. A minor traffic infraction is nothing major pay the fine or pay an attorney to fight a battle you will lose. I bet next time you stop completely and remember the 5 sec stop rule before turning right on red
2007-11-29 21:16:38
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answer #8
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answered by sftbllr4lf 3
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There are instructions on the citation. It should tell you which local court has jurisdiction. Go to the court. Tell the clerk you want a hearing. If your mother was driving, she may have to pay the fine, up front, to plead not guilty and get a hearing scheduled.
If you were with her, you can go and testify as a witness.
Challenge the police officer to produce evidence, such as videos, photos, witness statements. Ask the appropriate leading question, like: "Officer is it true that your statement is you did not see the car stop?" There is a big difference in him saying "I did not see the car stop." as opposed to him saying "The car did not stop."
2007-11-29 18:25:12
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answer #9
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answered by regerugged 7
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This is a very minor offense and they must have been really bored and needed to fill a quota if they pulled you guys over for thirst. I would go to court and plead not guilty and tell your story. I highly doubt that you will have 2 pay much if anything at all.
2007-11-29 18:25:37
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answer #10
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answered by Anonymous
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