Speeding ticket -contest or not?
07-15-2008, 12:32 PM
#21
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I've always contested tickets thru my lawyer whether in the car or on the bike. They've always been pleaded down or dismissed altogether. My last speeding ticket turned into an expired registration of all things and the airplane surveillance ticket on my Busa was dismissed. You could go the deferred route too but be carefull because if you get another ticket during the time period both tickets will be enforced!
07-15-2008, 12:35 PM
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paid $450 going 10mph
$285 ain't all that bad... when i moved to california i got a $400 for failing to come to complete stop... apparently you cannot have a rolling stop when making a right turn at an intersection... go caught turning right on a red doing 10mph... so in total i paid $430 plus traffic school, plus notary fees...
07-15-2008, 07:42 PM
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Originally Posted by dkorr
$285 ain't all that bad... when i moved to california i got a $400 for failing to come to complete stop... apparently you cannot have a rolling stop when making a right turn at an intersection... go caught turning right on a red doing 10mph... so in total i paid $430 plus traffic school, plus notary fees...
07-15-2008, 08:51 PM
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Yeah, it definitely sucks, but, it's the law, and you can't fault the cops for doing what is technically their job.
It'd be nice to get a warning though.
It'd be nice to get a warning though.
07-15-2008, 10:21 PM
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But some cops don't use their judgment properly -an example would be dkorr's $400 ticket for such tiny infringement. Nevermind the real ******* ones who base their judgment on the type of the car, the appearance of the driver, and the gender of course 
07-16-2008, 12:31 AM
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The thing about dkorr's ticket is that he broke the law, and paid the price for it. Stop signs mean stop. If you break the law, regardless of how much of a "tiny infringement" it is, there's the possibility that there will be repercussions.
I'm not saying that *I* don't break the law myself. I'm a constant 5+ driver, I roll through a red on a right (depending on the time of day), etc. But, I also know that it's a gamble. I could get a $400 ticket tomorrow for the same thing he did. And it would be my fault.
Like I said, you can't get mad at the cops for doing their job. It sucks sometimes when they do hold to it's most strict definition and don't cut you a break, but that's the game.
I'm not saying that *I* don't break the law myself. I'm a constant 5+ driver, I roll through a red on a right (depending on the time of day), etc. But, I also know that it's a gamble. I could get a $400 ticket tomorrow for the same thing he did. And it would be my fault.
Like I said, you can't get mad at the cops for doing their job. It sucks sometimes when they do hold to it's most strict definition and don't cut you a break, but that's the game.
07-16-2008, 04:35 AM
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Always fight the ticket
Never give up. Never surrender.
Just because you broke a little bit of a law it don't mean you got to bend over and take it up the a$$ for it.
There are a bunch of rules that cops need to follow in order to file the ticket properly with the court.
If cops fail and makes a mistake you can get your ticket dismissed. There are allot of holes and ways to get around your tickets.
One very important thing you got to remember tho is to NEVER admit to anything during the traffic stop.
Never give up. Never surrender.
Just because you broke a little bit of a law it don't mean you got to bend over and take it up the a$$ for it.
There are a bunch of rules that cops need to follow in order to file the ticket properly with the court.
If cops fail and makes a mistake you can get your ticket dismissed. There are allot of holes and ways to get around your tickets.
One very important thing you got to remember tho is to NEVER admit to anything during the traffic stop.
07-16-2008, 07:31 AM
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Originally Posted by sdbarker
Yeah, it definitely sucks, but, it's the law, and you can't fault the cops for doing what is technically their job.
It'd be nice to get a warning though.
It'd be nice to get a warning though.
07-16-2008, 08:36 AM
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Originally Posted by sdbarker
The thing about dkorr's ticket is that he broke the law, and paid the price for it. Stop signs mean stop. If you break the law, regardless of how much of a "tiny infringement" it is, there's the possibility that there will be repercussions.
I'm not saying that *I* don't break the law myself. I'm a constant 5+ driver, I roll through a red on a right (depending on the time of day), etc. But, I also know that it's a gamble. I could get a $400 ticket tomorrow for the same thing he did. And it would be my fault.
Like I said, you can't get mad at the cops for doing their job. It sucks sometimes when they do hold to it's most strict definition and don't cut you a break, but that's the game.
I'm not saying that *I* don't break the law myself. I'm a constant 5+ driver, I roll through a red on a right (depending on the time of day), etc. But, I also know that it's a gamble. I could get a $400 ticket tomorrow for the same thing he did. And it would be my fault.
Like I said, you can't get mad at the cops for doing their job. It sucks sometimes when they do hold to it's most strict definition and don't cut you a break, but that's the game.
07-16-2008, 09:03 AM
#30
I got a ticket yesterday for trying to take the HOV lane on the Kirkland 116th onramp. "s'cuse me yer honor, I coulda sworn there was another feller in my car?" lol... still gonna go for mitigation, 'cause even when you don't have a leg to stand on they'll still knock some dough off the top for you. Whatever, win some lose some. My brother was 10 seconds behind me and the cop gave him the dirtiest glare ever as he sped past! 
07-16-2008, 09:46 AM
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Originally Posted by Analog.Lemon
That's definitely true and I'd never blame others for my own faults however cops are by law allowed to use their judgment (in addition to following the written rules) to determine the severity of the incident. And some of them fail in that part. All in all I like my fellow Canadian cops
The fact is, any one of you guys would have gotten the $400 ticket b/c its a red-light safety camera. They automatically take a pic when they sense the vehicle is 'rolling' (regardless of speed) before the intersection lines. Its easy pickings at that intersection.
It took me a while to get use to the traffic flow here. Surface streets here are 45-50mph compared to Seattle's 35-40mph; Highways are the same (around 75mph). On hwys people drive an avg speed of 68mph on slow lane, 75 mid lane, and 85-90 on fast lane. And cops don't bother them cuz they do the same too. When I drove to the Huntington Beach meet, the caravan speed avg was 80-100mph. On suface streets they're far more strict. Can't go over by more than 5mph. And complete stop for everything of course....
07-16-2008, 09:53 AM
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Originally Posted by jjaujou
I got a ticket yesterday for trying to take the HOV lane on the Kirkland 116th onramp. "s'cuse me yer honor, I coulda sworn there was another feller in my car?" lol... still gonna go for mitigation, 'cause even when you don't have a leg to stand on they'll still knock some dough off the top for you. Whatever, win some lose some. My brother was 10 seconds behind me and the cop gave him the dirtiest glare ever as he sped past!
Request the discovery (I can Email you the form if you want) and go from there.
You can always switch from Contested to a Mitigation hearing when you are in court room already. All you got to do is to ask the judge.
My wife got the same ticket on 167 (before there was a toll hov lane) and it was dismissed.
when I requested the discovery cop in his notes wrote instead of 7.24 am 7.24pm. And back then (and it is now) HOV lane was open to all traffic after 7pm. So simply cuz cop made a mistake my wife got $110 (I believe) ticket dismissed.
And there are many many many other mistakes cops make that can get your ticket dismissed.
One most common mistake cops make is they forget to file the ticket with the court within 7 days from the date it was issued. So when you get a discovery back they also send you a copy of the ticket with a date stamped on the front of the ticket. That is the date it was filed with the court. If it's pass then 7 days.......AUTOMATIC DISMISSAL.
My recent ticket (last summer) was dismissed cuz of that. It was filed by the officer on the 8th day. Ticket was for riding a motorcycle with no helmet and no license. On top of all that I do not have a motorcycle endorsement anyways!
And list goes on and on and on.
Last edited by JOKER; 07-16-2008 at 09:55 AM.
07-16-2008, 09:57 AM
#33
Originally Posted by JOKER
Contest it!
Request the discovery (I can Email you the form if you want) and go from there.
You can always switch from Contested to a Mitigation hearing when you are in court room already. All you got to do is to ask the judge.
My wife got the same ticket on 167 (before there was a toll hov lane) and it was dismissed.
when I requested the discovery cop in his notes wrote instead of 7.24 am 7.24pm. And back then (and it is now) HOV lane was open to all traffic after 7pm. So simply cuz cop made a mistake my wife got $110 (I believe) ticket dismissed.
And there are many many many other mistakes cops make that can get your ticket dismissed.
One most common mistake cops make is they forget to file the ticket with the court within 7 days from the date it was issued. So when you get a discovery back they also send you a copy of the ticket with a date stamped on the front of the ticket. That is the date it was filed with the court. If it's pass then 7 days.......AUTOMATIC DISMISSAL.
My recent ticket (last summer) was dismissed cuz of that. It was filed by the officer on the 8th day. Ticket was for riding a motorcycle with no helmet and no license. On top of all that I do not have a motorcycle endorsement anyways!
And list goes on and on and on.
Request the discovery (I can Email you the form if you want) and go from there.
You can always switch from Contested to a Mitigation hearing when you are in court room already. All you got to do is to ask the judge.
My wife got the same ticket on 167 (before there was a toll hov lane) and it was dismissed.
when I requested the discovery cop in his notes wrote instead of 7.24 am 7.24pm. And back then (and it is now) HOV lane was open to all traffic after 7pm. So simply cuz cop made a mistake my wife got $110 (I believe) ticket dismissed.
And there are many many many other mistakes cops make that can get your ticket dismissed.
One most common mistake cops make is they forget to file the ticket with the court within 7 days from the date it was issued. So when you get a discovery back they also send you a copy of the ticket with a date stamped on the front of the ticket. That is the date it was filed with the court. If it's pass then 7 days.......AUTOMATIC DISMISSAL.
My recent ticket (last summer) was dismissed cuz of that. It was filed by the officer on the 8th day. Ticket was for riding a motorcycle with no helmet and no license. On top of all that I do not have a motorcycle endorsement anyways!
And list goes on and on and on.
07-16-2008, 10:28 AM
#34
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Originally Posted by jjaujou
Uhh, this is me PM'ing you my email address... lol
I sent you 3 documents (pdf)
1 you send to the court house
1 you send to the prosecutors office
and the third is the sample of hot to fill it out.
Here is what you do!
You have to request the discovery 14 days prior to the hearing. So you send both requests (one to court house and one to prosecutors office) via certified mail with return receipt.
That way you have the evidance that you did send it and they did received it.
Court and/or prosecutor have to respond back to you 7 days before the hearing. (Just one is enough. Both don't have to respond)
So if you don't get your discovery before the hearing or if you get it later then 7 days before it you can request for your case to be dismissed because state failed to comply and send you **** on time.
If you do get everything on time then you can look for other mistakes and holed you can grab on to and take this ticket for a ride.
IRLJ. 3.1
(b) Discovery. Upon written demand of the defendant at least 14
days before a contested hearing, filed with the court and served on
the office of the prosecuting authority assigned to the court in which
the infraction is filed, the plaintiff's lawyer shall at least 7 days
before the hearing provide the defendant or the defendant's lawyer
with a copy of the citing officer's sworn statement and with the names
of any witnesses not identified in the citing officer's sworn
statement. If the prosecuting authority provides the citing officer's
sworn statement less than 7 days before the hearing but not later than
one day before the hearing, the citing officer's sworn statement shall
be suppressed only upon a showing of prejudice in the presentation of
the defendant's case. If the prosecuting authority, without
reasonable excuse or justification, fails to provide the citing
officer's sworn statement, the statement shall be suppressed. No other
discovery shall be required. Neither party is precluded from
investigating the case, and neither party shall impede another party's
investigation. A request for discovery pursuant to this section shall
be filed on a separate pleading.
(b) Discovery. Upon written demand of the defendant at least 14
days before a contested hearing, filed with the court and served on
the office of the prosecuting authority assigned to the court in which
the infraction is filed, the plaintiff's lawyer shall at least 7 days
before the hearing provide the defendant or the defendant's lawyer
with a copy of the citing officer's sworn statement and with the names
of any witnesses not identified in the citing officer's sworn
statement. If the prosecuting authority provides the citing officer's
sworn statement less than 7 days before the hearing but not later than
one day before the hearing, the citing officer's sworn statement shall
be suppressed only upon a showing of prejudice in the presentation of
the defendant's case. If the prosecuting authority, without
reasonable excuse or justification, fails to provide the citing
officer's sworn statement, the statement shall be suppressed. No other
discovery shall be required. Neither party is precluded from
investigating the case, and neither party shall impede another party's
investigation. A request for discovery pursuant to this section shall
be filed on a separate pleading.
Last edited by JOKER; 07-16-2008 at 10:38 AM.
07-16-2008, 07:40 PM
#35
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Originally Posted by dkorr
I don't think RCMP's are any better. Ever driven from UBC to Kerrisdale on SW Marine Drive? it has an abrupt speed limit drop. They love to nail drivers there. What about Westiminster Hwy in Richmond?
The fact is, any one of you guys would have gotten the $400 ticket b/c its a red-light safety camera. They automatically take a pic when they sense the vehicle is 'rolling' (regardless of speed) before the intersection lines. Its easy pickings at that intersection.
It took me a while to get use to the traffic flow here. Surface streets here are 45-50mph compared to Seattle's 35-40mph; Highways are the same (around 75mph). On hwys people drive an avg speed of 68mph on slow lane, 75 mid lane, and 85-90 on fast lane. And cops don't bother them cuz they do the same too. When I drove to the Huntington Beach meet, the caravan speed avg was 80-100mph. On suface streets they're far more strict. Can't go over by more than 5mph. And complete stop for everything of course....
The fact is, any one of you guys would have gotten the $400 ticket b/c its a red-light safety camera. They automatically take a pic when they sense the vehicle is 'rolling' (regardless of speed) before the intersection lines. Its easy pickings at that intersection.
It took me a while to get use to the traffic flow here. Surface streets here are 45-50mph compared to Seattle's 35-40mph; Highways are the same (around 75mph). On hwys people drive an avg speed of 68mph on slow lane, 75 mid lane, and 85-90 on fast lane. And cops don't bother them cuz they do the same too. When I drove to the Huntington Beach meet, the caravan speed avg was 80-100mph. On suface streets they're far more strict. Can't go over by more than 5mph. And complete stop for everything of course....
And I have been doing that UBC ride for 4 yrs now; entering the 5th year in Sep! There're cops both on Marine Dr and 4th Ave, whichever way you enter UBC.
07-16-2008, 08:34 PM
#37
JOKER
I have a question. I was pulled over on February 13th, the cop filed the ticket March 10th. I received it June 2nd. The ticket has been contested. As you see it's been more than 7 day when he filed it. My court date is coming up. Should i hire a lawyer for that??
I have a question. I was pulled over on February 13th, the cop filed the ticket March 10th. I received it June 2nd. The ticket has been contested. As you see it's been more than 7 day when he filed it. My court date is coming up. Should i hire a lawyer for that??
07-16-2008, 11:00 PM
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Originally Posted by 350Zimo
JOKER
I have a question. I was pulled over on February 13th, the cop filed the ticket March 10th. I received it June 2nd. The ticket has been contested. As you see it's been more than 7 day when he filed it. My court date is coming up. Should i hire a lawyer for that??
I have a question. I was pulled over on February 13th, the cop filed the ticket March 10th. I received it June 2nd. The ticket has been contested. As you see it's been more than 7 day when he filed it. My court date is coming up. Should i hire a lawyer for that??
if you have requested the discovery or have a copy of the ticket from the court house. All you got to look for is the stamped date on the front of the ticket.
If it's more then 7 days from the day the ticket was issued (7 business days. Holidays don't count) then you can ask for a dismissal.
I'll call my attorney tomorrow to find out which law requires cops to file tickets within 7 days.
What county was the ticket in?
07-16-2008, 11:13 PM
#39
Originally Posted by JOKER
What do you mean you received it June 2nd?
if you have requested the discovery or have a copy of the ticket from the court house. All you got to look for is the stamped date on the front of the ticket.
If it's more then 7 days from the day the ticket was issued (7 business days. Holidays don't count) then you can ask for a dismissal.
I'll call my attorney tomorrow to find out which law requires cops to file tickets within 7 days.
What county was the ticket in?
if you have requested the discovery or have a copy of the ticket from the court house. All you got to look for is the stamped date on the front of the ticket.
If it's more then 7 days from the day the ticket was issued (7 business days. Holidays don't count) then you can ask for a dismissal.
I'll call my attorney tomorrow to find out which law requires cops to file tickets within 7 days.
What county was the ticket in?
The cop never gave me a ticket. He pulled me over, checked my registration, went back to find out what the speed limit was, and never came back. After 5 months i received a ticket in the mail.