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Fighting a Traffic Ticket in Court - UPDATE: I WON!!!!!!!!!!!
knave:
Just a note for your benefit. Don't confuse the traffic hearing with going to trial (court).
After you get the official ticket in the mail you will have to go before a judge for a hearing. This is where you declare you are not guilty and want to go to trial( or fight the ticket so to speak). This is also where you ask for probation, traffic school or any reduced fines. I have never seen a judge refuse to reduce a fine on anyone who says they can't pay who also has a pretty average record. (your results may vary.)
If you choose to go to trial then usually the judge won't issue traffic school, probation or reduced fines...But I believe they still can even if they are "not supposed to."
Court is full of exceptions...
All of that advice from the lawyer is good. but I prefer to never go to trial and resolve the ticket at the hearing. probation rocks big time!
saint:
--- Quote from: RayB on January 09, 2008, 04:49:36 pm ---It's amazing how people think that "mistakes" aren't their responsibility. It doesn't matter if you intended to make the mistake or not, its still your responsibility. The purpose of getting ticketed and fined is to ensure people wake up and pay more attention so mistakes don't happen as much.
JDrug: Go to the intersection and measure the timing of the lights. You might find it supports your argument, or you might find it does not.
--- End quote ---
Make sure you measure it at the same time of day (maybe same day of the week even) as sometimes timing is changed depending on time of day.
billf:
--- Quote from: patrickl on January 09, 2008, 04:02:41 pm ---
--- Quote from: ChadTower on January 09, 2008, 12:55:23 pm ---I'd love to see someone present an "I wasn't paying enough attention to stop safely" defense. ;D
--- End quote ---
I was in court myself once (I got cought with my radar detector and got called to court instead of a fine) and an elderly couple ahead of me tried to pull off the "I wasn't paying attention so it wasn't my fault" defense. The guy was looking at a speedboat on the water and rear ended the car in front of him. A cop fined him for not paying attention and the guy went to court thinking the judge would be lenient on him since his wife pointed out the boat to him. Seriously bizarre.
The guy after him tried the "I thought the speed sign near road works was just an advisory speed instead of an actual speed limit" defense. Seriously! The judge really ripped that guy apart. It was hilarious. He had to pay something like 800 euro though (120km/h in a 70km/h zone and road works doubles the fine).
In both cases the judge increased the settlement they were offered by 20%. Just for wasting his time.
--- End quote ---
Can totally relate to this. When I was home from college my sophmore year, I got my first speeding ticket. I had all intentions of fighting the ticket - officer claimed I was going 46 in 25. I don't think I was actually going that fast, but I asked to see the radar. He walked me over to the cop car and showed me a flashing 46 on the radar. But there were other cars going in the opposite direction at the same time that he "caught" me, so to this day I don't really know who's 46mph speed that was on the radar. Anyway, I was going to go and fight the ticket. I didn't go to extent the jdurg is planning to go, but I had a few points that I was going to bring up.
Then, like patrickl mentioned, the judge was having none of the excuses or explanations the day I was there. A couple of cases before mine, was a guy who was pulled over for speeding on the highway (maybe 76 in a 55). He claimed that the car mechanically couldn't go over 50mph. The judge looked at him and asked, "are you seriously trying to tell me a car with a V8 engine can't go more than 50mph?" He responded with a "yes". The judge told him, well then your car isn't safe to be on the highway and should be repaired immediately. Part of the judgment was to get the car fixed and then the judge doubled the fine for taking up the court's time.
The judge then rung up the two individuals directly in front of me in the case list, for the full amount of their tickets. It was then I decided to plead no contest, went downstairs, paid my fine and got my license back. And yes the officer in my case did show up to court.
Ed_McCarron:
--- Quote from: ChadTower on January 09, 2008, 12:55:23 pm ---I'd love to see someone present an "I wasn't paying enough attention to stop safely" defense.
--- End quote ---
Heres the winner, if the cop doesn't have video.
"Before I prepared to stop, I checked my rear view mirror. I felt the vehicle behind me was too close for me to safely stop, and since the light was yellow I took the less dangerous option."
Odds are even if the cop was watching you, he wasn't looking behind you.
danny_galaga:
havent read the whole thing yet. but tell me, where are you living? in australia we have this colour between the green and the red called 'amber'. you went through a red light dude. cop it sweet...
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