Need Traffic Court Procedures Please Help

[JaQnAbOx]

hey everyone i was wondering about traffic court procedures. Ive never been to traffic court or any court in that matter. I am contesting a ticket i got for "passing a stopped car that stopped for a pedestrian". From what i have heard from my friends (who got the same ticket, in the same area, from the same cop) is that this cop is an a$$hole and gives tickets for kicks. (I know i cant use this as a defense)I Im certain that there was no pedestrian and that the car that stopped was actually in the left turn lane. I was driving with a friend at the time and he can vouch that there was no car to the left of me and that there was no pedestrian. If anyone could offer any advice on how the trial goes or any tipes i would greatly appreciate that.

Ive taken pictures from where the officer could have been hiding, as well as the crosswalk itself. it doest seem like the officer would have a clear view of the crosswalk from the corners where he could have been hiding. Once again thanks!

[brainsmile]

Originally posted by JaQnAbOx
hey everyone i was wondering about traffic court procedures. Ive never been to traffic court or any court in that matter. I am contesting a ticket i got for "passing a stopped car that stopped for a pedestrian". From what i have heard from my friends (who got the same ticket, in the same area, from the same cop) is that this cop is an a$$hole and gives tickets for kicks. (I know i cant use this as a defense)I Im certain that there was no pedestrian and that the car that stopped was actually in the left turn lane. I was driving with a friend at the time and he can vouch that there was no car to the left of me and that there was no pedestrian. If anyone could offer any advice on how the trial goes or any tipes i would greatly appreciate that.

Ive taken pictures from where the officer could have been hiding, as well as the crosswalk itself. it doest seem like the officer would have a clear view of the crosswalk from the corners where he could have been hiding. Once again thanks! Well if your friend can go with you maybe that'll help. I believe the the policeman will be present no? If so it's really your word against his. Hope that he doesn't show up because then they will throw out your ticket. This is extremely doubtful though since it is a common misperception that cops have to attend court on their off time. This is not the case. They get paid whether they are patrolling or in court. So you better try to do the straight forward approach. Explain the circumstances, why your actions were still legal, and hope for some leniency. (spelling?)

Good luck

[whitak24]

well, it's a long shot. but you have a chance.

because you have a witness, you have an outside chance of winning this case. basically, if it's your word against a cop's, you're going to lose. every time.

but, if it's your word and another person's word against a cop, if you have a believable story and present it without a lot of bs and seem honest, you MIGHT get a magistrate that will treat you ok.

and if you're really lucky, the cop won't show up. don't count on it though.

good luck!

[brainsmile]

in the least you should request a reduction in fine.

[Jeffbx]

Plus, be VERY professional about it - wear a suit, don't argue, state the facts & ask before you present evidence (photos). Bring your friend along, but most likely he'll just sit there. Tell the judge that you have a witness with you, but remember that this isn't a trial, so you don't get to 'call witnesses'. If, however, you tell the judge that you have a witness & he isn't there, that doesn't lend much credibility to your story.

Keep in mind - I don't know about whatever state/municipality you're in, but many places charge a court fee that's about the same as the cost of the ticket. So even if you get the ticket thrown out, be prepared to pay SOMETHING.

Good luck!

[JaQnAbOx]

Does anyone know how the procedure goes? does the police go first and asks me qustions?...or do i ask him questions first?
Thanks once again =)

[mcs328]

I plead guilty with an explanation and paid court fees and traffic school for running a blinking red light when I was just a newbie driver following a friend in a place I wasn't familiar with.

If you plead guilty and ask for a reduction in fine, then the cop just sits there and does nothing. Innocent pleading ppl plead so up front and get moved to the back of the queue so all the guilty ppl can be gotten out of the way first.

Just my experience.

[brainsmile]

Originally posted by JaQnAbOx
Does anyone know how the procedure goes? does the police go first and asks me qustions?...or do i ask him questions first?
Thanks once again =) from what I recall... it's not as if you take turns. The judge will just ask you how you plead. If you say not guilty you'll be given the opportunity to explain why. I believe she'll just ask for the Police officer's testimony afterwards or during your explanation.

[ken]

When you're done arguing your case, end your argument this way:

"If, however, the Court finds against me, may I please have traffic school."

[DoPeY5007]

if you can get pictures...


get them from where he was, and how the situation was, if the pictures can prove that he "guess" then use them

[JaQnAbOx]

well i dont really care to goto traffic school because i drove my moms car for 1 week (while in college) and for that one week i was driving i got a ticket. i know ill get marks on my driving record...but i wont be driving for the next 3 years anyways...(still in college...hard to get a car..let alone drive) so i dont mind the strikes too much. Plus i think it is 50$ more to request traffic school.

about the pictures...i took pictures from almost every angle i could think of. The officer was behind me...or came up from behind me. so i assume he was behind me. i took pictures from all the corners where he could have been hiding and pictures from where he could have been trailing me. The question im wondering about is that after i plead not guilty...i have a chance to explain. and so i show them the pictures and i can ask my passenger to vouch for what we saw... i dont know what the officer will say about where he was or where the other car was or where, if any was the pedestrian....so do i get another chance to argue my case after the officer states his knowledge?

[brainsmile]

well you have to consider how much your insurance will go up. And by some misfortune if you were to get into another accident, that would be real bad

[JaQnAbOx]

this isnt exactly an accident...it was only a ticket
thanks anyways tho

[tupacboy]

why do u assume the cop was hiding?
what if the bs cop was just chillin eating a donut? and happen to see it... i dunno... just my opinion... because now ur assuming the position of the cop... and all he has to say is... i wasn't there.. i was over there.. :) just my 2.45335 cents....

[Jeffbx]

Originally posted by JaQnAbOx
this isnt exactly an accident...it was only a ticket
thanks anyways tho

If it's a moving violation, your insurance (or whoever covers you) will go up. That's why you fight to get the points removed from your record. You'll end up paying either way, but no points=no insurance increase.

[whitak24]

here's an interesting article from today's detroit free press (http://www.freep.com/news/metro/ticket24_20020424.htm) about what some judges are doing in detroit traffic courts. check around to see if they're doing that in cali....sounds like a good deal to me.

(i'm feeling dumb after reading this b/c i was in a fender bender a few months ago and i just paid the ticket....didn't figure i had a chance to get out of it. sounds like i might have been able to save myself some $$$ :( ).

[ken]

That's a fun article, but no, California traffic courts don't do it.

And Jaq, you're gonna lose. Might as well get ready for it.

And if you don't want the hassle of taking some traffic school test in your dorm room, just because YOU don't want to pay the $50, and rather stick your MOM with several hundred extra dollars in premium payments, you are a sorry excuse for a child.

UNLESS you plan on asking your parents to specifically list you as a EXCLUDED DRIVER on their insurance. Which means that it you do drive their car, besides being criminal, it will make your parents PERSONNALY liable for any accident you get into.

[Jeffbx]

Originally posted by whitak24
here's an interesting article from today's detroit free press (http://www.freep.com/news/metro/ticket24_20020424.htm)

Hey, nice article -

I'll have to keep that in mind if I get a ticket. I'd rather pay $100 to the local community than $400 to State Farm....

[Napoleon54]

Originally posted by whitak24
here's an interesting article from today's detroit free press (http://www.freep.com/news/metro/ticket24_20020424.htm) about what some judges are doing in detroit traffic courts. check around to see if they're doing that in cali....sounds like a good deal to me.

(i'm feeling dumb after reading this b/c i was in a fender bender a few months ago and i just paid the ticket....didn't figure i had a chance to get out of it. sounds like i might have been able to save myself some $$$ :( ).

That's how it has worked here in upstate NY for a long time, though they'll never admit to it. I've done it at least a 6 or 7 times. (yeah, I got a lead foot.) The thing to do is deny everything. Never plead guilty. They don't have the time to take everyone to court for trial, etc over a petty traffic ticket. It is much easier for them to offer you a reduction to a non-moving violation in order to keep the courts from getting clogged up. Just write them a cute little letter when you send in your ticket (marked not guilty, of course). Say something like "I am writing in regard to the enclosed traffic violation. If it conveniences the Court, I am willing to plead guilty to any non-moving violation that the Court deems appropriate." Keep it short, simple, and professional. Don't try to make excuses, they've heard them all and they don't care. Sure you're going to pay $100 or so, but you'd be paying that much for the ticket anyway, and this way you'll get out of having points on your license. Keep in mind I'm talking about NY. I dunno how it works where you are.

I've done this many times and it has always worked. In the past two months I've gotten out of two speeding tickets for around $100 each. One was for 83 in a 65 zone, and the other was 86 in a 65 zone.

[cruelpupet]

Originally posted by Napoleon54


That's how it has worked here in upstate NY for a long time, though they'll never admit to it. I've done it at least a 6 or 7 times. (yeah, I got a lead foot.) The thing to do is deny everything. Never plead guilty. They don't have the time to take everyone to court for trial, etc over a petty traffic ticket. It is much easier for them to offer you a reduction to a non-moving violation in order to keep the courts from getting clogged up. Just write them a cute little letter when you send in your ticket (marked not guilty, of course). Say something like "I am writing in regard to the enclosed traffic violation. If it conveniences the Court, I am willing to plead guilty to any non-moving violation that the Court deems appropriate." Keep it short, simple, and professional. Don't try to make excuses, they've heard them all and they don't care. Sure you're going to pay $100 or so, but you'd be paying that much for the ticket anyway, and this way you'll get out of having points on your license. Keep in mind I'm talking about NY. I dunno how it works where you are.

I've done this many times and it has always worked. In the past two months I've gotten out of two speeding tickets for around $100 each. One was for 83 in a 65 zone, and the other was 86 in a 65 zone.


it also helps to have a PBA (police benevolence association) or DEA (Detectives endowment association) card.

Im from NYC, was about 1 exit from the outer bridge on the NJTP and got hit for 86 in a 55 (fortunatly he didnt get me at 101) reduced to a warning...on the spot.


Driving to good old fredonia 83 in a 65 reduced to a seatbelt ticket.


My friend who has a few PBA cards and a PBA shield (even better than cards) had a 105 in a 65 reduced to around 85, went to court and had it dismissed when his lawyer walked up to the judge and laid out all his pba cards and his shield.

[Jeffbx]

Almost as good as a get out of jail free card -

I donate to the Michigan Associate of Police every year & they send me a little sticker to put in my back window. I got stopped one time, the officer saw the sticker & asked me if I was a police officer. I said No, I just support my local police. He told me to slow down & have a nice day. Never even asked for my license.

;)

[cruelpupet]

Originally posted by Jeffbx
Almost as good as a get out of jail free card -

I donate to the Michigan Associate of Police every year & they send me a little sticker to put in my back window. I got stopped one time, the officer saw the sticker & asked me if I was a police officer. I said No, I just support my local police. He told me to slow down & have a nice day. Never even asked for my license.

;)


stickers are ok...have one but i never put it on. Cards mean your a cops friend or family. Shield is generally only to immediate family.

[whitak24]

Originally posted by cruelpupet



stickers are ok...have one but i never put it on. Cards mean your a cops friend or family. Shield is generally only to immediate family.
in michigan, family members of the Michigan State Police can get "MSP" license plates (traditional michigan license plates are 3-letter, 3-number combos, ie ABC 123).

i know someone who has one of those plates (her ex-husband was in the MSP) and she FLYS and never even gets stopped.