Traffic Ticket Question

i like long island and upstate cops better. they are more "fair" and forgiving; most give warnings, especially if you are just traveling thru.

We should do a meet one day. compare our cars lol.

 

In your case the only defense is you do not own a Prius. Agreed, its probably not going to win for you but the best defense is hiring a lawyer to represent you. He not only knows the 'ropes' but he has an in' with the establishment. Unless he is not an insider or he isn't charging you a reasonable fee, usually $150, you have your best chance. And the bottom line is the savings you may pick up from the lack of insurance premium increase which is likely more than the lawyer's fee.
Here its called fee-grabbing.

 

I don't think that's "simple" at all.
Would you help the rest of us out by explaining what that proof consisted of, please ??

 

you can be technically correct but an experienced police officer PERHAPS thought your lane change was unsafe. i know my own HotRod c can use that instantaneous torque and nimble moves to whip in turns. and thatz totally stock suspension.

maybe you can plea the ticket down to a lesser charge that costs less. good luck

 

sorry.

 

okay, thought you were upset about sidetracking.

 

My question to the OP, "which I argued" - while not touched on at all, how exactly did you argue? This may be the reason you got the ticket right here, if you flew off the handle instead of being level headed - he inconvenienced you and irritated you so much that you started a thread about it. I'm not blaming you or trying to be a jerk but you argued with him and he asserted his authority - he may not show up for court but you know what he did do? He interrupted your life, you are focused on this and he probably doesn't even remember pulling you over.

Like I said, not trying to be a jerk or anything but the real reason you got the ticket might not even be the reason he pulled you over. Many friends that are law enforcement say the same thing, they usually don't cite someone for minor traffic violations unless that person gives them attitude.

 

I've fought and won traffic tickets 3 times in around 18 years. Unless you've left out some helpful detail, the only way you're going to win that fight is if the cop doesn't show up or if you get an official or judge that likes voters more than cops--in that case you may be able to plead it down. You might also be able to plead it down if the prosecutor offers. In many areas of the country, it is very possible the cop will not show up.

The only one I beat where the office did show up was where I brought photos showing that the speed limit was marked improperly. I was going down a divided street and a traffic camera registered me doing 37 in a 25. In the 35 MPH stretch just upstream of where I was stopped it was marked 35 MPH on both the median and right hand side. When it got close to the traffic camera, the speed was only marked on the median. The official made it a point to tell me she'd work toward getting that speed limit posted better, but I've no idea if they ever did because I decided to never go near that intersection again.

Step one to avoiding a conviction is to never argue with the cop. If the cop remembers you in a less than pleasant way, he or she is more likely to want to appear in court, just for the chance to stick it to you and get paid for that--in some jurisdictions, police are paid overtime to appear in court. You will get nowhere trying to embarrass the cop in court as you've obviously not done this before and he or she testifies every week. I tried to do that once too and the official just told me to move on with my case. You have to remember that the cops, prosecutor, judges, bailiff, etc all eat in the same cafeteria. If it comes down to your word against a police officer's word the odds are just not in your favor.

Call around to see if you can find a lawyer to appear in court for $150. I don't think that's realistic. They generally charge $100-$200 per hour which means the charge will be that much before they even get to court--unless they have no intention of meeting you and preparing a case.
In general, you could probably get an attorney and get him to spend your money filing subpoenas and motions but the cost will quickly get above $500.

I encourage anybody who's gotten a traffic ticket to show up in court at least once, even if you plead guilty. We should all know a little more about the system we live in and there's no harm in that. A lot of people believe you pay "court costs" in addition to the fine if you show up. Guess what... that would be a violation of your rights to "due process". In general, you pay the absolute maximum if you plead no-contest or guilty and waive your right to a hearing, and if you don't pay "court costs" you pay something equivalent to them. If you have a pleasant demeanor you have a decent chance of getting a reduced fine even if the charge is not reduced, and you also get to learn how the system works.

 

I strongly recommend contesting your ticket by mail. In Indiana, this is called "trial by affidavit." The last time I got a ticket was in 2007. I did a trial by written declaration (as it is called in California), and won. I have helped others do this, resulting in 2 other victories. You will have to research how to do this in your state. Follow the directions to the letter!

Trial by mail is a good choice for several reasons:

1. You don't have to show up in court (which usually interferes with other aspects of your life such as wage earning potential).
2. You don't have to face the officer - Many people find this intimidating. Also, officers often read from their notes in court (which is usually a clear violation of the rules of evidence). Defendants don't object, so the judge allows it.
3. You can take the time to clearly articulate your arguments - Spell out everything that happened, including how the officer contradicted himself. Be formal, thorough, respectful, and direct.
4. Sometimes you get a "free" appeal - Not sure about Indiana, but in California, if you lose a trial by written declaration, you can simply fill out a form, and you get an automatic "in person" trial. This is probably the only instance in criminal law in which you can "appeal" a decision with absolutely no grounds.
5. Officers are less likely to write a response to a well written and convincing argument. Their time is better served by simply writing someone else a ticket.

Most people have no idea that tickets can be fought in this manner, and only a handful of states allow for it. Moreover, the system is not set up for you to do this; the system is set up for you to simply pay your fine. If a mere 5% of people who got tickets contested them by mail, the system would be overwhelmed.

Knowledge is power

 

Well done! Sometimes the good guy does win.

 

You've got guts and you stand up for your principles. Kudos to you.

 

Congrats!

 

Congratulations.

To be honest? I didn't think you had much of a chance. Not too many stories of people challenging tickets when the officer bothers to show up, and then winning.

I don't know what you are studying but perhaps a law degree would be beneficial?

But really, I'm impressed. I would of bet against a good outcome for you. Your presentation must of been very good.

 

Yesterday was your lucky day, hope you bought a lottery ticket. Amazing that you won.

 

This is the desired outcome IF you really are not guilty......OR if the offense is minor and the Officer's evidence is shaky.
Good for you.

It is not the desired outcome, however, if you know that you are guilty as sin and are just trying to "beat the rap".

 

Go to court. probably just PBJ and walk away (don't forget to signal)