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1st ticket in 11 years-Should i FIGHT?

Discussion in 'The Hokey Ass Message Board' started by Groucho, Jan 24, 2007.

  1. I'm driving my HIGH, Altered Wheelbase car through the hills today and i hear a siren. I look up into the rearview mirror and a see a cop with his lights on as a van blows by me. So, i think, at least he's not pulling me over for speeding. WRONG. This is no Porsche i'm driving here. Anyway, he gives me a ticket saying i can't keep the car in my lane, going into oncoming traffic, and going 57MPH in a 45MPH zone. I point upwards of my front area of my car to a 50MPH speed sign. He says it's 45MPH back there. I tell him my shop's down the hill 2 miles and i've been test driving here 1000's of times for 15 years, and it's 50MPH. He says no, i figure shut up at this point as it's falling on deaf ears. So, i'm wondering why he don't ticket the van that blew by me, or give me a field sobriety test if i'm all over the road. Do i fight it? Please don't tell me about a friend who was speeding once, while drunk or any other stories. But, should i fight this? Am i wasting my time?
     
  2. Fight it! Sounds like somebody pee'd on his cornflakes this morning.
     
  3. 40StudeDude
    Joined: Sep 19, 2002
    Posts: 9,536

    40StudeDude
    Member

    Go take pictures of the "45 mph" sign...IF it's there...then shoot pics of the "50 mph" sign you KNOW is there...add in your "been test driving for over 15 years on this road"...take it to the city attorney...if it doesn't get dismissed right then and there...FIGHT it.

    R-
     
  4. Is it worth the time off to go to court? The best you can hope for is the officer won't show up on the court date. I've fought several tickets, years ago, and I always lost and once the judge made the PENALTY WORSE! I STILL CAN'T BELIEVE THAT SHIITE :mad:! Anyway, review the ticket, check the MPH signs, and there are books and info on the internet on how to fight a ticket.

    Good Luck (you'll need it),
    Kurt

    BS- Isn't Burbank known as "Rapebank" because of their ticketing policy?
     

  5. Eddie's chop shop
    Joined: Sep 4, 2006
    Posts: 592

    Eddie's chop shop
    Member

    As much as I hate to say it, your screwed. He's the "expert" and your just the criminal. I have had several instances over the years where I was 100% in the right, but you get in front of the judge and the cop says He's an expert blah blah blah and the judge looks at you and says GUILTY!!! The last one I tried to fight was rediculous, the cop pulled me over because he "didn't like the look of my ride" went through it top to bottom all the while giving me a lecture about unsafe vehicles, found nothing illegal and said well you were speeding though. He claimed I was speeding although I was stopped at a 4 way 1/2 block from my house apperently sped up to a speeding point (50) and still had time to slow down and not over shoot my driveway. cop was coming from the other side and never saw me sitting at the light, only saw me turn into the driveway.

    Sorry for the rant, I can say I am ticket free for ten years except for that one time......
     
  6. BuiltFerComfort
    Joined: Jan 24, 2007
    Posts: 1,619

    BuiltFerComfort
    Member

    If you are in California, check out "Trial by written declaration" procedures on the internet. Seems like the way to go, from memory you get a second chance if you don't like the outcome the first time.
     
  7. screwtheman
    Joined: Mar 24, 2005
    Posts: 845

    screwtheman
    Member

    You should always fight every ticket. Even if you actually thought you may have been speeding. Especially if you know you weren't.

    Traffic citations, particularly speeding, are generally bullshit. Most of the time the speed limits are set based on no engineering data whatsoever. The fines are given out in the name of public safety. I guess it's just a lucky side effect that it's a tremendous cash cow for state and local municipalities. Oh, and guess who funds all the fancy new speed detection equipment for Smokey? The insurance companies.

    Even if it's a $75 ticket, I'd rather waste my time and the court's time potentially costing me $300 than pay it without a fight. Check out the National Motorists Association, they have some awesome resources.

    Also, ask around about good traffic lawyers. Washington State Patrol is particularly brutal and, when I got my ticket, a co-worker clued me in to this awesome traffic lawyer. I paid her $250 and my "80 in a 55" disappeared.
     
  8. kermit
    Joined: Feb 26, 2006
    Posts: 197

    kermit
    Member
    from WI

    Fight it. The county does not want to go to court and neither do you. They are not going to waste much time and effort on this( money$$) if they do not have to. Most people plead guilty and send in the money. BULLSHIP.

    If your record is as clean as you say it is, call the DA and they will negotiate rapidly to say, a burned out directional or speeding 5 over.

    We do it all the time in Wisconsin. I have a police force working for me so to speak ( city gov) and we usually only ticket for 15 over. We do ticket drunk drivers, but boy do we lose money when we catch one.

    When might you get your next ticket? Right....you never know, so fight this one.

    Kermit.
     
  9. That's what i figured. For a long time now i've been convinced that the police don't fuck with older guys in older Hot Rods. It's the punks in Jap cars with trash can exhaust tips. Boy, was i wrong. I got friends that drive HUNDREDS of miles in their Rat's with NO TITLE, lights or exhaust of any kind. Viva Las Vegas, Paso, Bako, etc. HUNDREDS of noisy miles. Tattoos, greased hair, , 1/2 inch off the ground, just looking like a moving situation
     
  10. pitman
    Joined: May 14, 2006
    Posts: 5,148

    pitman

    Document and photgraph your case. Present the images on a panel of foam core (art supply store). Present yourself well...yep appearance matters!
    One cop looked at what I was going to show the judge, and walked out.
     
  11. krusty40
    Joined: Jan 10, 2006
    Posts: 869

    krusty40
    ALLIANCE MEMBER

    Wingnutz has it right. My experience has been that paying a lawyer to get the charges reduced to non-moving violations pays for itself in avoidance of insurance increases (especially here in NC where the bastards have THEIR OWN points system). vic
     
  12. How do i reach the DA without a bunch of BS? As far as your last part. THAT'S the basis of this thread. What if i get lazy here, and get another ticket almost immediately that i DON'T have a chance at? GREAT point!
     
  13. brewsir
    Joined: Mar 4, 2001
    Posts: 3,278

    brewsir
    Member

    sign up for pre paid legal...$25 a month and they fight moving violations...its Parker Stanbury in LA too,not some rinky dink lawyer firm. They can at least keep the points off.
     
  14. Sutton
    Joined: Apr 7, 2005
    Posts: 699

    Sutton
    Member
    from BTR

    Um, if it is 50, and you were going 57 isn't that speeding?
     
  15. Larry T
    Joined: Nov 24, 2004
    Posts: 7,875

    Larry T
    Member

    If I were going to fight the ticket, instead of taking pictures of the speed limit signs etc., I'd spend my time finding the best traffic ticket lawyer around. A person that knows the system and how to use it has a lot better chance of making the ticket go away than you do if you fight it yourself. And they can probably do it whether you're innocent or not.

    As I heard a lawyer ask once, "How much justice can you afford?" (G)
     
  16. BAD ROD
    Joined: Dec 16, 2004
    Posts: 1,532

    BAD ROD
    Member

    Don't fight it. Man up and pay the fine. You were SPEEDING!
     
  17. Shifty Shifterton
    Joined: Oct 1, 2006
    Posts: 4,964

    Shifty Shifterton
    Member

    Best advice here. Even if you're guilty as heck, good chance the judge will reduce charges, or toss charges.

    One way or another you'll pay for the lawyer. You can either pay the lawyer all at once, or you can pay his fee to your insurance company, a little at a time.

    good luck
     
  18. HemiRambler
    Joined: Aug 26, 2005
    Posts: 4,208

    HemiRambler
    Member

    I only had one ticket I decided to fight - based on that single experience I will say this: If you can present yourself in a professional manner - come prepared - speak clearly and concisely - you are gonna STAND OUT from teh crowd of idiots and maybe - just maybe you can "win". Will it be worth it??? Only one way to find out.
    BTW I won - cost me a days work though.
     
  19. Fight it....Its the principal of the thing...
    I just did this and went to court -BEFORE A JUDGE- in a bench trial-It was me against a city prosecutor and got the case dismissed..on a legal technicality...

    A local town charged me with speeding 46MPH in a 35MPH.
    I bought a 30 dollar outline from an attorney off the internet and studied the material till trial time....
    It is about the same in all states as many adaapt the FEDERAL HIWAY ADMINISTRATION code [word for word]....
    It seems that these two things are crucial-
    1- if stopped and fined in a city points [CANNOT] be assessed.
    2-If a "speed/Engineering traffic survey" has not been done at the location at which you were stopped in the last 5 years the driver cannot be prosecuted for violating said sign.
    [this is because the legal process for placing an "official traffic control device"[read that-speed sign], has not been observed, the case must be dismissed.
    check their site : Federal highway administration http:mutcd.fhwa.dot.gov/
    or google MUTCD [manual Uniform traffic control devices]
     
  20. OLLIN
    Joined: Aug 25, 2006
    Posts: 3,147

    OLLIN
    Member

    do a trial by declaration if you can. That is where you write a letter with your side of the story and you dont have to go into court and miss work. Dont admit how fast you were going they have the burden of proof, even if its just 5 mph over the limit, because technically you broke the word of the law even if its not in the spirit of the law. just state the facts and include pictures of the speed limit sign and any other relevant photos. "So, i'm wondering why he don't ticket the van that blew by me, or give me a field sobriety test if i'm all over the road. Do i fight it? " these would be valid arguments, you could say you were in keeping with the rest of traffic flow etc..
    I did a trial by declaration once in Pomona. I was driving an old VW, and the cop was such an A**hole. I was trying to get onto the 10 fw where the 57 merges and there is always semi-trucks going from the port to all the other states. There was no way to make it into the lane until the line was solid! The cop pulled me over and wouldn't listen to a thing i had to say. He even said. "This is an old car, would you like me to FIND something wrong with it" and after giving me a ticket, he made me back up in reverse on the shoulder of the 10 fw and take the last exit, which did not just get back on the 10 fw since there was construction on the onramp, so I had to go waaaay out of my way.
    If you only have one point on your record in the last 11 years Im sure it wont effect your insurance any and Im not sure but I think if you contest a ticket, you forfeit your right to traffic school. Im not a lawyer or anything, but If you think you have a good chance then do it, I think ive won about 2 out of 5 or 6 times. The only thing that sucks about fighting a ticket is that you have to pay the fine before hand, then they review the case and decide whether or not to give you your money back (which they already have in hand)
     
  21. brownbagg
    Joined: Jul 26, 2006
    Posts: 116

    brownbagg
    Member
    from grand bay

    you cant win, just think of it has a donation to the city police fund, take the driving school. If you do win, that same cop will be gunning for you. it be worst next time and legal.
     
  22. FIGHT IT!, Cops NEVER back down and admit they may have been mistaken(even if they know they were)...it's encoded in thier "super-blue superior holier then thou", state of mind...
    I have made more then one cop look ignorant in court because he didn't have his facts straight (there is almost no feeling as satisfying as having a judge ask a cop why he wasted his time)...Just because he's tying to enforce the law doesn't mean he knows "the letter" of the law...
    If you do get it dismissed..be sure your ducks are in a row in his patrol area...he will most likely be pissed...
     
  23. low springs
    Joined: Jul 10, 2003
    Posts: 2,499

    low springs
    Member
    from Long Beach

    i went in to fight my seat belt ticket and i won, cause the cop never showed up.

    so it's a 50/50 chance.
     
  24. 390kid
    Joined: Dec 29, 2004
    Posts: 641

    390kid
    Member

    if you have two days to blow at court. one day to plea and another to fight it. 45 or 50 you were either 7 or 12 miles over the limit. the copper will site stopping distance and all that jazz the judge will say were you doing 57 in a 50 you'll say yeah, youre guilty blew a day of work ,or two at the court house, and still have to pay the ticket. " i fought the law..." and you know the rest
     
  25. Salty
    Joined: Jul 24, 2006
    Posts: 2,259

    Salty
    Member
    from Florida

    Fight it....

    I fight every single one, 95% of the time I get off, the rest of the time it gets knocked down to a non moving
     
  26. MercMan1951
    Joined: Feb 24, 2003
    Posts: 2,654

    MercMan1951
    Member

    Might that not imply "exhibition of speed" ? :rolleyes: I wouldn't mention THAT part...

    Here in Michigan, if the cop doesn't show up, it gets dismissed. Maybe it's worth a shot of going to court...
     
  27. Seems he made you do something way more dangerous than the original reason for pulling you over. INTERESTING if fighting it voids my right to traffic school if i lose. Anyone know more on THIS?




     
  28. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    I didn't read the WHOLE post, but I just got out of court last Thursday, and here is the latest... If you supeonea an officer "hoping" he won't show up and by default, you win......NO, it DOES NOT work that way anymore! If the officer can't make it, because he will have recieved the supeona, he will give notice to the prosecutor and it will get RE-SCHEDULED for when he CAN be there!! Next ATTITUDE, ATTITUDE, ATTITUDE... all the tatoos and grease will NOT matter to a judge if you have a GOOD attitude, and dress "nice" as in nice jeans, and a long sleeve shirt is good!!! Next, when you are talking to the judge say things such as :... Judge I didn't THINK, I was speeding, judge I didn't THINK I was swerving from lane to lane, Judge I didn't THINK I was driving unsafe!! If you approach with the I DIDN'T THINK attitude, instead of the: Judge that officer WAS WRONG, I DID ---N O T--- do that attitude, that put you on the argumentative side and remember the officer is the "proffesional" (in the eyes of the court system) in this case, YOU have to prove that YOU are in the right, traffic court is not like criminal court where THEY have to prove YOU are wrong!!! AND LASTLY, if all that does not work, ask for a defferment, you pay a "proccesing" fee, the ticket is suspended for a year, you get NO more speeding tickets, and it is G O N E!!. I am not a lawyer, didn' t read a book on this it is just what I went thru and did, this was my 3rd. ticket in a year, first was speeding, next was 1 mirror not 2 on a motorcycle, and this last was speeding, and the judge deffered it. I am covered with tattoos, even have one on my chin that I CAN'T hide, but I dressed O.K., had a GREAT attitude, explained I was sorry, and didn't "THINK" I was speeding, and he (the judge) asked me if I wanted it deffered!!! same judge even?!?!?! Sorry this is so long, but wanted you to have ALL the info.....good luck, ..Ken
     
  29. Durod
    Joined: Aug 20, 2005
    Posts: 809

    Durod
    Member
    from DFW, Tx

    how in the HELL do YOU not get a ticket in 11 years, street racer?? :D

    just kiddin brother, give 'em hell.
     
  30. Well, it's the cop says i'm doing 57 in a 50. The van was still going faster regardless
     

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