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Fighting a Traffic Ticket in Court - UPDATE: I WON!!!!!!!!!!!
tommy:
Ok, I guess the line you are trying to draw in the sand to where members are calling each other names and not is not very clear, but only to you.
Let all us know to what degree we are allowed to berate the other.
MaximRecoil:
--- Quote from: missioncontrol on January 09, 2008, 12:28:50 pm ---sorry Saint, just got pissed....
Back on topic... I agree with Saint it is worth going to court for the chance of a reduction, but if you do decide to fight it you will lose the opportunity of a fine reduction if you end up losing the battle.
--- End quote ---
Fighting it is the only way to get a fine reduction. If you go there and plead guilty, you pay the full fine. And of course, if you don't go at all and simply send in payment, they expect the full fine too.
I had a fine reduced one time because I was driving someone else's vehicle with an expired registration (or inspection sticker, or something—it was like 15 years ago) and I told the judge I didn't know it was expired. It was only a $10 reduction though ($50 instead of $60).
knave:
Don't do anything until you get the official ticket in the mail.
I'm not really sure if anything written on the ticket matters at all. The ticket is for running a red light. You are peading "not Guilty" because you say the light was not red. Asking about little details can and will annoy the judge...for right or wrong an annoyed judge is less likely to rule in your favor.
Again, I'm hoping you can benifit from my exp. Officers rarley back down on anything...even just what they wrote on the ticket.
Final point...use the system don't fight it. Even if you don't agree/like how it works or think it's unfair. It IS unfair.
shmokes:
Before fighting it's worth looking into whether a fine reduction is possible. I fought a ticket recently and the judge informed me that she no longer had any discretion over traffic fines. She was bound by mandatory sentencing guidelines. It really sucked because I was not arguing that I was innocent, but rather that under the circumstances my fine should be reduced or waived. The judge seemed to agree with me. Additionally, going to court waived my ability to do one of those traffic school sessions that keep the ticket from adding any points to your record or affecting insurance. Lose/lose.
Also, keep in mind that when it's just your word against the police officer's, the police officer's will trump yours as a matter of course. It is simply the way the court system works. Period.
Lastly, the police officer's light did not turn green the second that yours turned red. There are a few seconds where both lights remain red in order to clear the intersection of cars that were waiting to turn left until oncoming traffic had stopped. I'm inclined to think that you ran the red light -- especially since the rule for left-turns (you said you were turning) is often different than the one for straight. In many jurisdictions, if you are not already in the intersection when it turns yellow you MUST stop in the left-turn lane. Only when you are going straight does the rule say that you can continue through so long as you're in the intersection when it turns red.
In any case, if his light turned green while you were still in the intersection that means your light had already been red for a few seconds. You clearly could have stopped safely when you saw the yellow light (assuming you were paying attention and actually saw the light turn yellow). You should have stopped. That's my opinion, and I suspect that will be the opinion of the court. Fight it and you will waste your time, pay the full amount, and may find (as I did the last time I tried to fight a ticket) that you are actually in a worse position than if you had just paid the fine.
Drive safely.
missioncontrol:
--- Quote from: MaximRecoil on January 09, 2008, 12:42:19 pm ---
--- Quote from: missioncontrol on January 09, 2008, 12:28:50 pm ---sorry Saint, just got pissed....
Back on topic... I agree with Saint it is worth going to court for the chance of a reduction, but if you do decide to fight it you will lose the opportunity of a fine reduction if you end up losing the battle.
--- End quote ---
Fighting it is the only way to get a fine reduction. If you go there and plead guilty, you pay the full fine. And of course, if you don't go at all and simply send in payment, they expect the full fine too.
I had a fine reduced one time because I was driving someone else's vehicle with an expired registration (or inspection sticker, or something—it was like 15 years ago) and I told the judge I didn't know it was expired. It was only a $10 reduction though ($50 instead of $60).
--- End quote ---
guess it depends on the state/county....
Here:
don't show up = pay full amount
show up = offered a reduction of the traffic infraction lower fine
show up and fight = reduction offer withdrawn and now risk the full amount if you lose.
Here, they generally have a line for traffic court, a few guys in suits come out look at tickets make the reduction offers and you decide to take or leave it. This all happens before you even see the judge. You are given the chance to plead guilty to a lesser offense then you go pay your fine and it's over.
also if you do take the lesser offense (if its offered) and your insurance tries to hit you hard with an increase and your record is spotless otherwise, call them up and ---smurfette--- about the increase and threaten to take your business elsewhere. The insurance company may overlook the one traffic violation if it risks losing a good customer.
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