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Help Please!!! Need Opinion on Ticket!

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Old Apr 26, 2002
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I need your help guys

ok i was watching the races last nite and i was driving around and i saw a cop. so i drove hella carefully and we passed each other on opposite sides. i wish i could draw u guys a map. i was on the right hand side and the cop was on the left going the opposite way. ok saw i freak out and drive hella carefully. and i make a right turn and i made sure i stopped at the stop sign. the cop made a left turn and there was no way he could have seen me stopping or not stopping. so anyways i make the right and the cop goes all the way around the block and paces me for about a quarter of a mile then finally flashes his spot light on me and i pull over. and the driver cop asks for my license and goes back inside his car. and another cop starts to talk to my friends who were in the car with me also. and i asked him what i got pulled over for and he said i dunno my partner is writing the ticket. so i sat there for 20 min in my car. and i look back and i can see him looking through the vehical hand book... so i was wtf? finally he tells me to get out of the car and tells me that i ran a stop sign...
ok now for the question.
im going to fight this cop at court you think i have a chance in winning?
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Old Apr 26, 2002
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Definitely.....that's bullsh1t man.[IMG]i/expressions/face-icon-small-mad.gif[/IMG]
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Old Apr 26, 2002
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speedracersong is a jewel in the roughspeedracersong is a jewel in the roughspeedracersong is a jewel in the roughspeedracersong is a jewel in the rough
tell me this cop wasnt on a power trip.
he was just mad because he didnt catch anyone that night.
im really beginning to hate san jose cops.
o i forgot to add that im 17 yrs old.
u think i can goto court by myself and with out my parents knowing?
or do my parents have to come too.
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Old Apr 26, 2002
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no way man. don't be mad at me. in my opinion, there is no way to agrue with them. the judge is gonna believe their crops. There is also no way you could prove they were wrong. Red Frog is right. They knew you were one of them. I think you've got to pay 271 us dollars for that. If you want to go watch races, i suggest you don't dirve a civic. i've been pulled for few times for speeding, but i was just going the same speed as other cars. Maybe that is becuz i have a big *** alluminum spoiler on my trunk.[IMG]i/expressions/face-icon-small-mad.gif[/IMG]
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Old Apr 26, 2002
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yep, unfortunately it will just be a waste of money to fight a ticket in court....hate them crooked a$$ cops(not all though)
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Old Apr 26, 2002
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That really sucks man..My buddy got pulled over in his lowered s-10 and got a ticket for his altezza tail-lights even though they were a APC D.O.T. approved lights. The cop didn't care he just profiled him teenager, mexican, shaved head, in a lowered S-10 and made him go through the hassle of court. ..
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Old Apr 26, 2002
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speedracersong is a jewel in the roughspeedracersong is a jewel in the roughspeedracersong is a jewel in the roughspeedracersong is a jewel in the rough
how is it a waste of money to fight it in court?
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Old Apr 26, 2002
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[IMG]i/expressions/face-icon-small-mad.gif[/IMG] i say u fight the damn ticket!! also next time complain to the cop and ask him for his badge number this will scare them, the badge number is on the ticket too, go to the police station and get a complaint form, i did it before, u got to sign a lot of legal stuff, this might mess up his record, and have witnesses go with u to court

i fought my ticket cuz the cop said i was driving 60 on a 30 mph limit street but actually my radar dector spotted him from far away so i bascially went below the speed limit, but yea the cop got his *** kicked haha he lost of course
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Old Apr 26, 2002
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but how did you prove it?...
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Old Apr 26, 2002
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Fight it man, the worst thing that can happen is that you have to pay up.
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Old Apr 26, 2002
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most likely youll lose in court if you fight a traffic ticket...not only will you have to pay ticket, but court fines....now if it is something like alteezas, just need to have papers showing its legal
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Old Apr 26, 2002
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My advice....take it to court....it's not gonna cost you anything, and if the cop doesn't have any decent proof....the judge is just gonna make you pay court fees (not much) and some other fine. I've always gotten my sentence reduced, and you definitely should because you are a minor. No your parents don't need to get involved at all. It's worth the try, just tell the truth at all times, and don't think it's a matter of winning or not, you're gonna get something. Yes it sucks I know. [IMG]i/expressions/face-icon-small-sad.gif[/IMG]
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Old Apr 26, 2002
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goto court and say the cop stuck his intake up your tailpipe [IMG]i/expressions/laugh2.gif[/IMG] j/k.. yeah i'm sure you can get that reduced.
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Old Apr 26, 2002
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Yeah I got pulled over taking my GF out back in 99 and I got pulled over by a old female officer claiming I didn't have my blinker on so many feet before I turned. I went by her way up the road then she got back on the road after a few cars and then pulls me over like 2 miles down the road when I turned. Nobody could believe I got pulled over for that but I went to court with a auto mechanics slip, wrote out what I wanted to say handed it to the female judge and she treated it as a warning. Which is what it should have been but no officer showed up. What a hastle for something so stupid.

Nick
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Old Apr 26, 2002
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i thought that in the good ole' USA, you are INNOCENT until proven GUILTY.....go to court, explain your case, and then ask the cop to PROVE that you ran the stop sign, since you have no proof that you did not, except your own honest remarks.....

they should have an in car camera that is always rolling.....if you actually ran the stop sign, and he saw you, then it should be on camera..

peace
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Old Apr 26, 2002
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<< i thought that in the good ole' USA, you are INNOCENT until proven GUILTY.....go to court, explain your case, and then ask the cop to PROVE that you ran the stop sign, since you have no proof that you did not, except your own honest remarks..... >>



Doesn't the burden of proof fall on the accused? Even if it legally doesn't, a judge is not going to take the word of a 17 yr old (sorry) over 2 cops.

And speed, if you do go to court, I would suggest bringing a parent. Appearance is a big deal to some judges and cops, too.

Good luck!
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Old Apr 26, 2002
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No way your gonna win an arguement with "the Man" in " The Man's Court" Just show up and hope the cop does not!!!
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Old Apr 26, 2002
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You dont even need a lawyer, when you go to court all you need to do is prove that the cop lost sight of your car near that stop sign, I've done it before here in upstate ny by myself
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Old Apr 26, 2002
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ok here is a good option that will more than likely work....if you can do it. plan on going to court (the cop will have to be there also), explain to a lawyer the situation (they usually have free consultation), on the day you are to appear have the lawyer call and say you're sick. the court date will be postponed, appear at the next one and ide say 9/10 the cop wont take time out of the day to show so the case will be dismissed
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Old Apr 26, 2002
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<< ...ide say 9/10 the cop wont take time out of the day to show... >>



I don't think that saying 90% of the time is accurate. Someone correct me if I am wrong, but I believe that when a cop goes to traffic court, it counts as a regular work day. (As far as hours and pay is concerned) By the way, in NY now, if the cop doesn't show the first time, the case is NOT dismissed, but postponed again... Nothing wrong with taking a shot, but I wouldn't get anyone's hopes up...
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Old Apr 26, 2002
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OK.... Let me tell you what it was.... The "driver" is prob. a rookie and was looking through the book to get the exact statute number to write on the ticket.... the guy that was talking to you was his FTO or Field Training Officer.... maybe he didnt see you run the stop sign or not he just took the opportunity to make a stop for training... I would go to court and you will prob. get off since it was just a Failure to Yield ticket.... oh and another thing he prob. pulled you over cause you said you got all hella carefull and stuff... if you werent doing anything wrong then dont worry about anything... I would have pulled you over too just because you got nervous me driving by
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Old Apr 26, 2002
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A few things...MikeyBoy was right about his comment regarding tickets issued in New York. Everyone used to be so excited and run around saying "if the cop doesn't show xyz." Well, that never happens. We are paid to be there, and if we are not, it is simply an adjournment. The belief that if officer so and so fails to show, the charges will be dismissed is completely false.

Second, if you drive too careful to the point where it looks suspicious, something called an investigatory stop can be conducted. They are 100% legal to ascertain what the operator and his occupants are doing. As far as using the book, I still carry mine and reference it from time to time. Officers can't possibly know everything by the exact section number. You can try contesting it, but the court usually believes the officer and it is never appreciated if a person plays the "I got picked on/harassed/_____" routine. However, a court can't accept a guilty plea from a party that is not guilty...so act accordingly with that in mind.
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Old Apr 26, 2002
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okay, okay, this is the way the court thing goes. all you have to do is show up in court, you dont need a lawyer or even you parents. just yourself and maybe a friend that was in the car with you. you have to be very humble and dont give the judge any lip or fussin. if they ask what happened, tell them the truth. but the best thing to do is pled guilty to the ticket and ask the judge for a little mercy. if you have a clean driving record, tell the judge that and tell the judge that you would like to keep it that way and ask the judge to help you out with it. even if you did run the stop sign, apalogize for doing it. that is all they want to here sometimes, is that you are sorry, and they will cut you some slack. take it from me because of experience. i am joining the louisisana state police, so i have to know these things.. it they will help you out if you follow my advice.

remember guys and girls becareful, and always have fun
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Old Apr 26, 2002
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Did everyone forget that he had two witnesses in the car... I would think that your friends could back you up on your statement.

Fight It!
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Old Apr 26, 2002
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The court doesn't care if the Pope was your passenger. If I charge someone for an offense on an accusatory instrument (a ticket) the court MUST hear my findings by law if the party pleads not guilty. The officers findings are his/her PC (probable cause) for issuing the summons which is a direct observation of an offense, or can be reasonable knowledge that the operator committed what he/she is being charged with. JWCardy has the right idea about how the traffic court proceedings are handled.

Judges are not required to hear anyone but the officer that issued the summons and the defendant. Speeding is not a crime, it is a traffic infraction (violation), and as such, the laws of criminal procedure (right to a jury, right to call witnesses) do not govern; it is more like a hearing in an adversarial setting.
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