Legal Questions and the LawPost your questions about the law, or speeding tickets or anything legal. Disclaimer: 7thGenCivic.com and it's moderators are not lawyers or police officers (unless otherwise noted) and can in no way be held responsible for any advice or action
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Ok got a bogus ticket yesterday. Cop was approximately half a mile away and moving, ticket says that he was doing radar and listed device, but not that it was laser or regular radar. Cop state's that at an intersection he never saw my rim's stop and that I rolled through the stop sign at the intersection. Ticket states 10 mph in a 45mph zone. Heres my question. The cop actually messed up the ticket. He put the wrong road. He stated a road that is about 5 miles away that runs through a residential area. and runs parralell to the road I was turning on. some additional information I have 17 inch rim's on my vehicle and the radar that supposedly hit me was coming from a 90 degree angle(side) Cop complimented my car and asked me what all I had done and yadda yadda. I know 100% for sure that I stopped at the stop sign and there is 100% no way that I rolled at 10 mph through a stop sign and wouldn't realize it. Cops had been positioned in that spot pulling people over for about 4 hours for random shit.
Now with the information given above do you think that I would have a chance in court. I've heard some people say that it doesn't matter if the road was wrong the cop can prove that it was you, and was your car. I have also heard though that wrong information such as a road being messed up, would make the judge have to dismiss the ticket, due to the fact that there's false information on the complaint. Anybody have experience with this. Honestly from a half a mile away with black rim's theres absolutely no way he could of possibly seen my rim move. He would of had to have had bionic eyes..... At the end of the ticket he also decided to ask me for my phone number and social security number.... I did not give him this information.
Any help with this one would be appreciated as I have about 28 days left to decide if I am taking this to court, or to take a class and turn it in. The fine is 120 dollars either way. I have weaseled my way around to possibly be able to take the class.
attached an image. Cop was half a mile down from spot I placed him. It's paint people.
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Last edited by dj_cronic_metal; 12-01-2008 at 03:44 AM.
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i had samething. ticket said it was wrong road. Only thing the da said was that if it was a different county or something than i would be ok. but it wasn't. all i ended up doing was delaying the payment and in the end payed it. Good luck though.
youd have to go to court and contest it. give your side of the story, show the error on the ticket and theyll let you off due to a technicality. 10 to 1 the cop wont even show up and if he doesnt they will rule in favor of you.
even still if the ticket had the wrong road on it, it will be thown out. most of the time cops wont show up for such a small violation as "did he stop or not?"
Well I have a court date in September if I want to plead for it, if not I can take the class. I just don't know with wrong information if they would throw it out or not. I just don't want to take a class and admit guilt to something I know I didn't do.
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Last edited by dj_cronic_metal; 08-22-2008 at 06:04 PM.
Shiiiit dude, don't even get me started, you have nothing to loose by fighting the ticket. Use everything you can against him, weather be the wrong street, the fact that you have black wheels, and it's more difficult to see weather or not they stopped moving, frickin whatever, use it against them. If they actually show up. A lot of times cops don't show up. You would be amazed at how many cases get dismissed, especially in a big city or whatever.
Click the link in my sig, I wrote a crazy huge article about all of this, which of course, is just my opinion.
Here's what you do:
Wait till the day before the date at the bottom of the ticket...the "court date" you signed and promised to do something about it on or before. Wait till the day before, request an extension. They'll give you like an additional 30 days or something.
Wait till the day before the extension is due, request an arraignment date. They'll give you a date to show up and talk to the judge.
The day before that, plead not guilty, (usually this is where you'll have to fork over the cash) when you plead not guilty, they'll give you a court date.
After all this, show up and court and be ready to question the officer, or testify on your own behalf.
If the cop shows up. A lot of times, your case will just get dismissed because they don't show up.
If you really wanna dick around with them, do all of that, then when you get your 'not guilty' court date, go in like a couple days before and ask to change the court date. Sometimes they won't allow you to do that, but it's worth a try.
Also, sometimes, depending on the court system where you live, they might not let you get an arraignment date.
Do it! Stick it to the man!
All the want is your money.
If you do nothing, they'll just trample all over you and take your money. Because that's all they want.
One last thing, if you knew that they were handing out tickets like all day, you never know, it might be easier for you to win yours because they'll probably get x number of people who just fork it over without fighting, so they might not care to try to get it from you. Who knows.
No i'm not a lawyer or a cop, nor do I have any other experience with the legal system besides just fighting my own shiznat.
I could sit here and argue till im blue in the face, but damn, the legal system was created originally for the people, utilize it.
yup, the black rims would be the deciding factor i think. kinda like the time i was pulled over *at night* and the cop says he saw [thru my 35% tint] i wasnt wearing a seatbelt. i cant even see in my car at all when im standing two feet away let alone two blocks where the cop was lmao.
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Hey man i don't know how things are in your state but i live in NC and i had a stick shoved up *** because i decided not to fight a ticket so don't just roll over and do what Eyger said and change the dates and so on to try and get that ticket dismissed. My roomate has 12 tickets and he had the court dates changed and he always fought them and he got 10 dismissed 1 that he had to pay up for and 1 that is still waiting.
