Will I win my trial?
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Will I win my trial?
Okay guys I got my ticket a month ago. It was for not fully stopping. Well I am sure that I made a complete stop at the stop sign. The cop was like 300+ feet behind me. She pulled me over for not making a complete stop. I am sure I did, and she was at a distance where you cant really see if I did make a complete stop or not. So she pulled me over but it was like another 300+ feet until she reached my car. So I pulled over and asked what was the problem. She said I didnt make a complete stop and that I just slowed down. Well I take this road to work everyday and I know about all the cops around the area and I always obey the law there cause I can get fired by getting so many traffic tickets going to work. Ya the police department submits all the traffic offenders to my employer sucks huh? So my trial date is 6/30/04 I already pled not guilty. You think I might have a chance to win this? I just hope the cop never show up so the judge can dismiss my case!
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Get photographic evidence of what you observed. Go out to the road where it happened and take some pictures. Make sure that you specify the exact landmarks where the cruiser was to demonstrate distance. Then make sure the officer testifies as to how she guaged whether you stopped or not if she was as far away as you claim.
Anyway, if it is really important, you might want to get a lawyer to help you out.
Anyway, if it is really important, you might want to get a lawyer to help you out.
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Re: Will I win my trial?
Originally posted by cquence 350 [Z]
Okay guys I got my ticket a month ago. It was for not fully stopping. Well I am sure that I made a complete stop at the stop sign. The cop was like 300+ feet behind me. She pulled me over for not making a complete stop. I am sure I did, and she was at a distance where you cant really see if I did make a complete stop or not. So she pulled me over but it was like another 300+ feet until she reached my car. So I pulled over and asked what was the problem. She said I didnt make a complete stop and that I just slowed down. Well I take this road to work everyday and I know about all the cops around the area and I always obey the law there cause I can get fired by getting so many traffic tickets going to work. Ya the police department submits all the traffic offenders to my employer sucks huh? So my trial date is 6/30/04 I already pled not guilty. You think I might have a chance to win this? I just hope the cop never show up so the judge can dismiss my case!
Okay guys I got my ticket a month ago. It was for not fully stopping. Well I am sure that I made a complete stop at the stop sign. The cop was like 300+ feet behind me. She pulled me over for not making a complete stop. I am sure I did, and she was at a distance where you cant really see if I did make a complete stop or not. So she pulled me over but it was like another 300+ feet until she reached my car. So I pulled over and asked what was the problem. She said I didnt make a complete stop and that I just slowed down. Well I take this road to work everyday and I know about all the cops around the area and I always obey the law there cause I can get fired by getting so many traffic tickets going to work. Ya the police department submits all the traffic offenders to my employer sucks huh? So my trial date is 6/30/04 I already pled not guilty. You think I might have a chance to win this? I just hope the cop never show up so the judge can dismiss my case!
good luck!
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If I lose this case I would just ask the judge to send me to traffic school. But I dont want to spen no more money on a lawyer. I just hope now that she doesnt show up at the court date!
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I have an AWSOME ebook on going to court for violations, some how if I can get it to you I will.... I bought it after I got a speeding ticket thinking i would goto court, but I never did. Book costed me $30 and is about 2 mbs in a pdf file... It was put together by a few lawers
EDIT: Actually, I just looked it over again, its mostly for speeding tickets, sorry....
EDIT: Actually, I just looked it over again, its mostly for speeding tickets, sorry....
Last edited by Nforce1; 06-27-2004 at 03:07 PM.
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Originally posted by Nforce1
I have an AWSOME ebook on going to court for violations, some how if I can get it to you I will.... I bought it after I got a speeding ticket thinking i would goto court, but I never did. Book costed me $30 and is about 2 mbs in a pdf file... It was put together by a few lawers
EDIT: Actually, I just looked it over again, its mostly for speeding tickets, sorry....
I have an AWSOME ebook on going to court for violations, some how if I can get it to you I will.... I bought it after I got a speeding ticket thinking i would goto court, but I never did. Book costed me $30 and is about 2 mbs in a pdf file... It was put together by a few lawers
EDIT: Actually, I just looked it over again, its mostly for speeding tickets, sorry....
#7
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Tell the judge that you saw the cop behind you, that's why you made a conscious effort to stop at the stop sign. That's also why you know exactly where the cop was.
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I'm not sure how the judicial system works in California, but Admorris gave you the best advice. Here in Florida, the judge has the violaters record in front of him/her as the trial begins. Usually this is not referred to until a decision of guilt has been met and is then used as a reference to the judge about your driving record. Keep you testimony brief. Don't embellish or go into long descriptions that can trip you up under cross exam. Like Joe Friday always said "Just the facts" . Prepair to cross examine the Officer with good questions. You have the right to do that. Don't be argumentative and don't show any emotion. Prepair a short closing statement for the Judge and the rest is in is hands. If you are found guilty, and your driving record is good, you can ask the judge to withhold adjudication and if he agrees, that will keep the points off your license. I am usually the guy that would be against you in court, but there is nothing wrong with giving another forum member some advice. Good luck!
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zzz350 why are you bitching? The guy asked a question, if you got nothing to say then don't spam the board with your crap. Too bad you're not the one who got the ticket.
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Originally posted by zzz350
I would suggest that you "prepare", rather than "prepair" for the case. One more thing, do they teach spelling in Florida?
I would suggest that you "prepare", rather than "prepair" for the case. One more thing, do they teach spelling in Florida?
And since that's how you're going to be, the comma in your first sentence is in the wrong place. It should be after the second set of quotes. Additionally, the comma in your second sentence should be a semi-colon, not a comma.
Do they teach punctuation on whatever planet it is you live on?
Last edited by kcobean; 06-28-2004 at 11:29 AM.
#12
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deferred adjudication is not the best defense bc if you get another ticket in a 1yr period those points come back and so do the new ones. so unless you are willing to gamble on that just try to go for driving school or get it dismissed.
and i dont know about the laws in cali but in fl just for showing up in court you can be made to pay up to 500 in court fees regardless of guilt so be prepared if he tells you the ticket is gone but he still wants you to pay the same amount in "court fees"
and i dont know about the laws in cali but in fl just for showing up in court you can be made to pay up to 500 in court fees regardless of guilt so be prepared if he tells you the ticket is gone but he still wants you to pay the same amount in "court fees"
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anyways.. it would help if it was at night time. cause everyone knows that it's harder to see, and your depth-perception diminishes greatly in the dark. I mean if she was straightly BEHIND you, then how can she even tell if you were stopped or if you were moving 5mph. Sometimes when im driving, i see cars infront/behind me and i can't tell if they're moving or not unless i get really close to them. hope you win that case. not a deserved ticket.
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Originally posted by superstuddc27
anyways.. it would help if it was at night time. cause everyone knows that it's harder to see, and your depth-perception diminishes greatly in the dark. I mean if she was straightly BEHIND you, then how can she even tell if you were stopped or if you were moving 5mph. Sometimes when im driving, i see cars infront/behind me and i can't tell if they're moving or not unless i get really close to them. hope you win that case. not a deserved ticket.
anyways.. it would help if it was at night time. cause everyone knows that it's harder to see, and your depth-perception diminishes greatly in the dark. I mean if she was straightly BEHIND you, then how can she even tell if you were stopped or if you were moving 5mph. Sometimes when im driving, i see cars infront/behind me and i can't tell if they're moving or not unless i get really close to them. hope you win that case. not a deserved ticket.
#17
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Originally posted by cquence 350 [Z]
If I lose this case I would just ask the judge to send me to traffic school. But I dont want to spen no more money on a lawyer. I just hope now that she doesnt show up at the court date!
If I lose this case I would just ask the judge to send me to traffic school. But I dont want to spen no more money on a lawyer. I just hope now that she doesnt show up at the court date!
1) where exactly did she stoped you.
2) how far away she was when you was at the stop sign
3) be ready that she WILL lie
4) so be ready to point out contradictories in her testimony
5) have detailed map and pictures ready
Perfect scenario would be to make her admit and show on the map that she stopped you 100 yds after stop sign, than that she accordingly was FURTHER than 100 yds when she observed your "violation" (she accelerated to get you, didn't she?) Than show on picturehow the car looks from 100 yds (have pictures ready for 150, 200 yds). I'm not sure but you probably need a friend with you so he can testify how did you measure distance.
If sun was rising and in eyes, don't forget to emphysize that it'd limit cops vision.
Check American Motorists assotiation website for more info on how to handle your own case. Good luck.
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ok all the info is here for you to win your case (1) take the pic. for where the cop car was (2) measure distance----i'm a bad typest e-mail me your tel# or e-mail me and i'll give you my # if you do your presention in the right order you can't lose. I'll help you set it up.
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Vlad has laid out a good defiance. You can win this type of case (if it is as you descried), I have done it. From my experience the one with the strongest case wins. It’s not just your word against the cops, unless that's all you bring! In that case you will lose! Don't bank on the officer not showing up (Even if it is their day off work). Some departments pay overtime for court appearances (I know the CHP dose).
Pictures and measurements are very helpful and show the judge that you fill strongly enough of you innocents that you took the time to gather them.
Also you can't fight the case, and then opt for traffic school if you lose. The court will notify you by mail, and once the judge has ruled that’s it. Unless you appeal.
Good Luck!
Pictures and measurements are very helpful and show the judge that you fill strongly enough of you innocents that you took the time to gather them.
Also you can't fight the case, and then opt for traffic school if you lose. The court will notify you by mail, and once the judge has ruled that’s it. Unless you appeal.
Good Luck!
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