Traffic ticket fighting advice

[eljefino]

I say dress nice and show up, you may still not know what to expect after a bunch of internet advice.

I fought a ticked (expired inspection) and won, it helped that I got inspected a couple days later. Another officer represented the entire town department and there was opportunity to discuss the case before going into court. I was better dressed, respectful, and prepared than 95% of the other bozos waiting there and got off.

Incidentally, the judge did dismiss cases from towns without police representatives... no continuances... the day's slate was wiped clean. YMMV.

 

[Cutehumor]

I was in the same exact scenario two years ago. Except I paid the 40 dollar ticket with points on my license. yes, insurance did go up. but it got cut in half 6 months later when I got married. so basically, I was paying less after the accident.

 

[mechtech2]

It seems that since the officer was not a witness, that leaves you and the other party as legal witnesses..
If the other involved party doesn't show up for the court date, that leaves you as the sole witness.
Run that by your 'free' lawyer.

 

[Gary Allan]

quote:

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Originally posted by JHZR2:
I wish they gave tickets for accidents in Chester County, PA. The girl that destroyed my 83 MB and caused a 5 car pileup just started crying and claimed that she was hurt, and the police got her an ambulance and drove her home (!).

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She should have gotten a ticket. It's an odd thing. Sometimes an officer will just take one person's statement ..and issue a citation to whomever that account gives fault. He'll let the magistrate straighten it out.

My wife was involved in a (almost) head on collision on a two lane road in morning congested traffic. My wife pulled on to the roadway and a lady, in a line of cars 6 deep, decided to pass AFTER my wife was in the opposing lane of traffic. The lady was hysterical ..and her civic was mangled beyond belief. Our Fiesta was barely damaged and required no repair. The state trooper that showed up went to the screaming lady (obviously she needed her meds changed). About a week later, at 5:30 a.m., I get a call from this lady trooper. Our insurance company had been sold and the new company didn't issue new cards ..and the old one wasn't any good. I FLIPPED OUT. I thought that my wife had been in some accident while driving at work (this was 5:30 a.m.). I told that witch that she could have had some clerical/administrative type do this during the daytime ..or could have handled it by mail. I asked who her watch commander was ..she tap danced saying that my wife can be in big trouble for this. My last words were, "I'll find out".

My wife then got a ticket in the mail for the accident a few days later (this is over two weeks after the accident). We appealed, and my BIL, a cop, asked permission of the magistrate (a former cop in my wife and BIL's township where they lived all their lives and knew very well) to assist in my wife's hearing. He agreed. My BIL recited the code/ordiance/whatever that said that a ticket not issued in a timely manner without just cause (something new came up in the investigation) was invalid (however it was worded). The lady trooper left empty handed.

 

[Quattro Pete]

Thinking it over some more, given my line of work, and the fact that I may be sent out on a business trip at a day's notice at any time, I run a risk of missing that court date myself. In which case I'll most likely hand over the cash to a lawyer and let them represent me. Thanks for the advice everyone.

 

[Cicero17]

I got a ticket in Ventura, CA. Down there you can have a trial by affidavit. If you claim not guilty and the cop doesn't respond, you are home free. If you have a regular trial and the cop doesn't show its dismissed.

Anyway, the ticket said the offense occurred on April 28th and the actual date was the 26th. So for my trial by affidavit I sent all kinds of proof (cell phone bill, motel receipt and gas receipt) that I was North of San Francisco when the offense was alleged. I was found guilty.

So I filed for Trial de Novo. The trial was set for early September and I loaded the kids in the pickup and headed out for a little vacation. We had a good time camping and swimming at Carpenteria and Refugio and thoroughly annoyed the judge. Did you know in California when you file for trial de novo the court has 45 days from when they receive the request to hold the trial? Well the judge didn't care, he ruled I waived my right to speedy trial by not objecting to the trial date. I told him I couldn't waive my rights because under the California Penal Code you have to be represented by an attorney to waive you rights. He didn't care. I argued a few more points and then he decided to proceed to finding me guilty. This was the point at which the officer was forced to admit his error and ask to have the charge amended to the correct date. This was also the point at which the judge threw in the towel and decided I wasn't worth the trouble. I had already told him I was going to appeal after his ruling on waiving my rights.

Always argue every single point. Dont' make observations, ask questions and force the judge to make a ruling. If you just make statements the judge can ignore you, but if you ask questions and he has to make a ruling you have an appeal point.

People told me I was crazy to drive all the way for a $ 150 ticket. However, to me there was a principle involved and I didn't want the ticket on my insurance record. The time with the kids, the swimming and the win made it very worth the trip.

 

[PRND3L]

quote:

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Originally posted by Cicero17:
People told me I was crazy to drive all the way for a $ 150 ticket. However, to me there was a principle involved

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and the principle was what? the wrong date on the ticket?