Fighting a ticket
05-03-2004, 12:54 PM
#21
Registered User
Originally posted by Boston350Z
First of all, I think it is now a myth that if the cop doesn't show, you don't get a ticket. I think the courts now always have a local police representative during every trial.
I appreciate all of the advice. I wiil attend the court hearing and find out and let you guys know. I lost the game of cat and mouse with this state trooper. Hopefully, I can talk myself out of it.
First of all, I think it is now a myth that if the cop doesn't show, you don't get a ticket. I think the courts now always have a local police representative during every trial.
I appreciate all of the advice. I wiil attend the court hearing and find out and let you guys know. I lost the game of cat and mouse with this state trooper. Hopefully, I can talk myself out of it.
They don't have the case without witness.
05-03-2004, 06:15 PM
#22
Registered User
Join Date: Dec 2003
Location: Chicago
Posts: 23
Likes: 0
Received 0 Likes
on
0 Posts
I'm an attorney in IL and have some experience on both sides of these cases. Trust me, if it's between you and the officer - no matter what you say - the judge believes the officer. It's just the way it is. At least in IL, the officer serves as the witness for the prosecution and anything they say is gospel. Although I know it won't be popular, most of the time the officer is the more trustworthy of the 2. You may be correct that if the officer isn't there then you may win. However, if you don't see the officer and you say not guilty and find out he is actually in another room in the courthouse, when they continue the case 10 minutes for him to arrive they are going to stick it to you for trying it.
One tip, LOOK like you give a s$#%. Although it isn't supposed to enter into the decision, think about it, would you give a stiffer penalty to a kid in torn jeans and a t-shirt or one in a tie who speaks respectfully to the court? You would be amazed at the people who mouth off to the judge and then think they are going to get a break. Doesn't work that way. It never hurts to look respectable.
If you truly have a clean record, (at least in IL) the courts will usually give you supervision which doesn't affect insurance rates. Then just keep the tach below 5,000 for awhile and you'll be fine. A lawyer where I am typically costs about $250 for a traffic ticket and can advise you on the facts of your case and the liklihood of succeeding in fighting it. Try www.findlaw.com for a lawyer in your area that handles these types of cases. As always, consult an attorney for the particular laws of your state and particular situation. Your driving record is an important thing to preserve.
One tip, LOOK like you give a s$#%. Although it isn't supposed to enter into the decision, think about it, would you give a stiffer penalty to a kid in torn jeans and a t-shirt or one in a tie who speaks respectfully to the court? You would be amazed at the people who mouth off to the judge and then think they are going to get a break. Doesn't work that way. It never hurts to look respectable.
If you truly have a clean record, (at least in IL) the courts will usually give you supervision which doesn't affect insurance rates. Then just keep the tach below 5,000 for awhile and you'll be fine. A lawyer where I am typically costs about $250 for a traffic ticket and can advise you on the facts of your case and the liklihood of succeeding in fighting it. Try www.findlaw.com for a lawyer in your area that handles these types of cases. As always, consult an attorney for the particular laws of your state and particular situation. Your driving record is an important thing to preserve.
05-04-2004, 01:10 PM
#23
Registered User
Thread Starter
Join Date: Mar 2003
Location: Boston
Posts: 12
Likes: 0
Received 0 Likes
on
0 Posts
Re: Re: Fighting a ticket
Originally posted by Vlad
You don't talk about ticket with cop. Unless you are about to give birth to your baby on the way to a hospital or helping duying person on your way to a hospital again... you don't talk about ticket with cop. Everything you say WILL be used against you in case you go to court to contest your ticket...
Always contest your ticket. If it's your first ticket in 15 years it's even more reason to contest it. Mainly you say you saw cop parked so you proceed carefully, and than he came from nowhere measured speed of cars in another line and gave you a ticket when you were driving slow and carefully. Main points of defence 1) Radar beam expands at 20 to 30deg angle, so usually it covers all lines of the road and cop HAVE NO IDEA what is he measuring. If there is more than one car on the road it'll *most probably* pickup biggest (not closest) and if they all the same size than it's totally random.
2) You saw a cop and made sure you driving at legal speed. You don't remember/didn't notice what speed you had before you saw the cop parked.
If budget allows, I'd take a traffic lawer for this case. Otherwise go to National Motorists Assosiation website and read whatever is available there for free.
You don't talk about ticket with cop. Unless you are about to give birth to your baby on the way to a hospital or helping duying person on your way to a hospital again... you don't talk about ticket with cop. Everything you say WILL be used against you in case you go to court to contest your ticket...
Always contest your ticket. If it's your first ticket in 15 years it's even more reason to contest it. Mainly you say you saw cop parked so you proceed carefully, and than he came from nowhere measured speed of cars in another line and gave you a ticket when you were driving slow and carefully. Main points of defence 1) Radar beam expands at 20 to 30deg angle, so usually it covers all lines of the road and cop HAVE NO IDEA what is he measuring. If there is more than one car on the road it'll *most probably* pickup biggest (not closest) and if they all the same size than it's totally random.
2) You saw a cop and made sure you driving at legal speed. You don't remember/didn't notice what speed you had before you saw the cop parked.
If budget allows, I'd take a traffic lawer for this case. Otherwise go to National Motorists Assosiation website and read whatever is available there for free.
I'll look into the cost of a traffic lawyer. My insurance rate would go up about $500 per annum for 4 years. It could be worth it.
05-04-2004, 04:56 PM
#24
Registered User
Join Date: Dec 2003
Location: Chicago
Posts: 23
Likes: 0
Received 0 Likes
on
0 Posts
I've seen thousands of traffic ticket cases and I can tell you in my experience I've never seen a prosecutor lose a ticket using any of the arguments that have been raised. I even saw a guy who testified he was an engineer that designed the radar from Motorola. You are not going to win trying to beat it on a technicality. More than likely, you'll get a bigger fine or much worse, a conviction on your driving record, just for trying.
Get an experienced traffic attorney. Don't call your brother-in-law because he is free. In addition to www.findlaw.com, you might try your local bar association and they probably have a lawyer referral service. I would agree you should go to court but I have seen people with perfect driving records lose their licenses on the spot for thinking they would prove it wasn't them that the officer had in the radar. Get a lawyer and follow his/her advice.
Get an experienced traffic attorney. Don't call your brother-in-law because he is free. In addition to www.findlaw.com, you might try your local bar association and they probably have a lawyer referral service. I would agree you should go to court but I have seen people with perfect driving records lose their licenses on the spot for thinking they would prove it wasn't them that the officer had in the radar. Get a lawyer and follow his/her advice.
05-05-2004, 06:24 AM
#25
Registered User
iTrader: (18)
Join Date: Mar 2004
Location: Columbia,MD
Posts: 1,843
Likes: 0
Received 0 Likes
on
0 Posts
Re: Re: Fighting a ticket
Originally posted by Vlad
You don't talk about ticket with cop. Unless you are about to give birth to your baby on the way to a hospital or helping duying person on your way to a hospital again... you don't talk about ticket with cop. Everything you say WILL be used against you in case you go to court to contest your ticket...
You don't talk about ticket with cop. Unless you are about to give birth to your baby on the way to a hospital or helping duying person on your way to a hospital again... you don't talk about ticket with cop. Everything you say WILL be used against you in case you go to court to contest your ticket...
On 2/26/04 I got a ticket rushing home because my wife called me and said that she was in labor. I even try handing the cell phone to the officer so he could hear that she's in labor. he said " Oh, I believe you, but you still shouldn't be speeding. This was on a back road that has little or no traffic most of the time, the officer was driving a unmarked pickup with a cab on the back driving slow as hell. So, I went around him and he turn on his lights and pulled me over. He gave me a warning on the speeding, but still gave me a 75.00 ticket for passing in a no pass zone. I have to go to court on 7/20/04. I'm taking my sons birth records so that the judge can see that I had a valid reason for passing a car that was driving slow as hell. I think the guy was being an *** hole because he kept me there for twenty minutes while he was in his car. I was pissed.
05-05-2004, 06:53 AM
#26
Registered User
Originally posted by JFDATLAW
I've seen thousands of traffic ticket cases and I can tell you in my experience I've never seen a prosecutor lose a ticket using any of the arguments that have been raised. I even saw a guy who testified he was an engineer that designed the radar from Motorola. You are not going to win trying to beat it on a technicality. More than likely, you'll get a bigger fine or much worse, a conviction on your driving record, just for trying.
Get an experienced traffic attorney. Don't call your brother-in-law because he is free. In addition to www.findlaw.com, you might try your local bar association and they probably have a lawyer referral service. I would agree you should go to court but I have seen people with perfect driving records lose their licenses on the spot for thinking they would prove it wasn't them that the officer had in the radar. Get a lawyer and follow his/her advice.
I've seen thousands of traffic ticket cases and I can tell you in my experience I've never seen a prosecutor lose a ticket using any of the arguments that have been raised. I even saw a guy who testified he was an engineer that designed the radar from Motorola. You are not going to win trying to beat it on a technicality. More than likely, you'll get a bigger fine or much worse, a conviction on your driving record, just for trying.
Get an experienced traffic attorney. Don't call your brother-in-law because he is free. In addition to www.findlaw.com, you might try your local bar association and they probably have a lawyer referral service. I would agree you should go to court but I have seen people with perfect driving records lose their licenses on the spot for thinking they would prove it wasn't them that the officer had in the radar. Get a lawyer and follow his/her advice.
But I never ever had my fines increased. And we won my wife's accident case and had points cleared from the records. Again, without lawyers. Not that I'm against using lawyer, I just don't know any good ones here, and it wouldn't make sence for me financially. But I never had my fines increased.
05-05-2004, 06:56 AM
#27
Registered User
Re: Re: Re: Fighting a ticket
Originally posted by Sly_Z
On 2/26/04 I got a ticket rushing home because my wife called me and said that she was in labor. I even try handing the cell phone to the officer so he could hear that she's in labor. he said " Oh, I believe you, but you still shouldn't be speeding. This was on a back road that has little or no traffic most of the time, the officer was driving a unmarked pickup with a cab on the back driving slow as hell. So, I went around him and he turn on his lights and pulled me over. He gave me a warning on the speeding, but still gave me a 75.00 ticket for passing in a no pass zone. I have to go to court on 7/20/04. I'm taking my sons birth records so that the judge can see that I had a valid reason for passing a car that was driving slow as hell. I think the guy was being an *** hole because he kept me there for twenty minutes while he was in his car. I was pissed.
On 2/26/04 I got a ticket rushing home because my wife called me and said that she was in labor. I even try handing the cell phone to the officer so he could hear that she's in labor. he said " Oh, I believe you, but you still shouldn't be speeding. This was on a back road that has little or no traffic most of the time, the officer was driving a unmarked pickup with a cab on the back driving slow as hell. So, I went around him and he turn on his lights and pulled me over. He gave me a warning on the speeding, but still gave me a 75.00 ticket for passing in a no pass zone. I have to go to court on 7/20/04. I'm taking my sons birth records so that the judge can see that I had a valid reason for passing a car that was driving slow as hell. I think the guy was being an *** hole because he kept me there for twenty minutes while he was in his car. I was pissed.
05-05-2004, 09:13 AM
#29
Registered User
Join Date: Dec 2003
Location: ma
Posts: 37
Likes: 0
Received 0 Likes
on
0 Posts
Originally posted by 35ounces
I fought one in Dedham MA recently and got off because the cop did not show. I was innocent but they didn't let me even present my case. When they let me off the judge told me to slow down in the future and of course I told him "I wasn't speeding your honor." I really was innocent in this case.
However, I also fought a ticket for going through a red light (it was yellow but ok I should have stopped). (Not as bad as it sounds since I could see in all directions etc.) I was guilty as hell.
I fought it anyhow and the cop did show up. They let me off after I presented a sound and reasonable case.
Definitely go to court and contest it. Chances are good that you'll get off or at least have it reduced.
Good luck with it.
Now, are you coming to the Cape Cod meet this weekend ????
I fought one in Dedham MA recently and got off because the cop did not show. I was innocent but they didn't let me even present my case. When they let me off the judge told me to slow down in the future and of course I told him "I wasn't speeding your honor." I really was innocent in this case.
However, I also fought a ticket for going through a red light (it was yellow but ok I should have stopped). (Not as bad as it sounds since I could see in all directions etc.) I was guilty as hell.
I fought it anyhow and the cop did show up. They let me off after I presented a sound and reasonable case.
Definitely go to court and contest it. Chances are good that you'll get off or at least have it reduced.
Good luck with it.
Now, are you coming to the Cape Cod meet this weekend ????
How did you handle it when you are in front of the magistrate and the representative officer for your first hearing? because I'm pretty sure here in MA that the original officer doesnt have to be there for the first hearing.
05-05-2004, 10:50 AM
#30
Registered User
iTrader: (18)
Join Date: Mar 2004
Location: Columbia,MD
Posts: 1,843
Likes: 0
Received 0 Likes
on
0 Posts
Re: Re: Re: Re: Fighting a ticket
Originally posted by Vlad
I would also take your wife and son to court if possible. If judge isn't total ***, you get rid of your ticket I hope. Good luck
I would also take your wife and son to court if possible. If judge isn't total ***, you get rid of your ticket I hope. Good luck
Thanks for the support. I couldn't believe this guy. I sat patiently until I couldn't take it anymore. So, I got out of the car and in a noce tone I said "Sir, my wife is home crying in labor by herself, can you speed up the process at least, please" that's when I made an attempt to let him here her on the cell phone. I even ask him did he want to escort me to my house. He said "get back in the car, I'll be with you in a minute, sir". I couldn't understand what this guy's problem was. I really can't wait to go to court, and I will take my wife and the baby.
Thread
Thread Starter
Forum
Replies
Last Post