Last year I was given a ticket for Failure to Yield Right of Way because of an incident that occurred while I was stopped at a red light. The road had two lanes with a turning lane and a raised median. I was the only car in the left lane stopped at this red light. A cop approaches from behind with his lights on, bear in mind that the light is still red as he comes up behind me, he honked his horn at me and I proceeded to pull into the intersection, at which time the vehicle to my right also began to pull forward. As such I was unable to pull toward the right. I continue to pull forward and the cop squeezes between me and the car to my left. He has to slam on his brakes to avoid hitting me or the median on the other side of the road. He takes off down the road. A half a mile down the road he turns around and takes his squad car over the median and pulls me over. I took the issue to court and never went into the courtroom as the cop's story was conflicting with mine. I paid the fine.
2007-12-26 18:15:45 · 4 answers · asked by computerwizard0 2 in Politics & Government ➔ Law Enforcement & Police
I took the issue to court and in the morning prior to the hearing I was approached by the district attorney and he asked what had happened. I explained everything step by step and he said the cop had a slightly different story that makes it sound like I was completely in the wrong. So, I decided that I didn't have a chance to win if I took it in the courtroom, so I agreed to plea guilty and pay the fine. I walked over to the clerk's desk and paid the fine.
2007-12-26 18:29:31 · update #1
Actually, something else I could throw out there... I went to the initial hearing to set the court date and that went fine. However, a week later the clerks office sent me a notice stating that I failed to appear which still shows up in the court record. The clerk's office just told me not to worry about it. They then screwed up and fined me the wrong amount. I paid the bail amount as opposed to the fee + court costs which I was told I would be charged. I didn't argue with the clerk at the time, but we complained about it later and the refunded me the amount they over charged me.
2007-12-26 18:33:43 · update #2
I'll also add that I live in Iowa and someone once told me that I may be able to go back and further pursue the issue within something like two years... it's not that the fine really bothers me that much, it's simply the principal of the matter... the officer was very rude with me and what really ticked me off was the way I was treated by the DA... I was 17 at the time of the incident and I really didn't have the money to hire a laywer so I was going to defend myself... well, sitting there waiting for the trial, I didn't recognize the officer, but I remember overhearing him saying something about not really remembering much about the incident... well then I started talking to the DA and I made the mistake of giving him a diagram of the intersection outlining the whole thing... and all of the sudden the cop's story was conflicting with mine... I also had sworn affidavits that i had prepared with witness testimony, and he threatened to have them thrown out as hearsay if I presented them
2007-12-26 18:40:41 · update #3
I don't know what state you are in, but you would be hard pressed to take an issue back to court after you previously plead guilty. If you had been found guilty by a judge, commissioner, or other magistrate, then you might be entitled to an appeal. However, if you plead guilty and paid the fine on your own accord, then you are not entitled to an appeal and would not be able to take the issue back to court.
Although...speaking as a police officer, it sounds like the officer got a little frustrated with traffic while he was rolling with lights and siren, and instead of giving instructions calmly over his P.A. system, after his response was cancelled, he made a u-turn and decided to pull you over. Sounds like something you should have fought in the beginning. Although like I said...sounds like it is too late now.
2007-12-26 18:31:40 · answer #1 · answered by Jeremy L 2 · 0⤊ 0⤋
You can't take the issue back to court after you paid the fine. You paying the fine means you plead guilty to the charge and it's over and done with. If you wanted to tell your side, you should have went in the courtroom. Too late now. Just let it go.
2007-12-27 02:27:05 · answer #2 · answered by Truth Hurts 6 · 0⤊ 0⤋
YOU PAID FINE AND PLEAD GUILTY AT THE SAME TIME?
2007-12-27 02:20:12 · answer #3 · answered by ahsoasho2u2 7 · 0⤊ 0⤋
don't waste your time. you should have fought it at the time. you're older now and you've learned something from it so get over it and move on.
2007-12-27 09:22:49 · answer #4 · answered by s and d e 7 · 0⤊ 0⤋