Chances of fighting a ticket
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Chances of fighting a ticket
I got a tickets for "Failure to obey a traffic control device" Heres what happened. I was turning right on a red and the cop said I made no attempt to stop and that I cut him off and the car behind him. Yet I saw and my two passengers saw him and we all agree I had plenty of time to turn. Both passengers also observed me come to a complete stop before turning. So long story short Its me and my two passenger's word vs. the Cop's who will win? Ive never tried to fight a ticket before and I dont know how much evidence you have to show.
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Hire a ticket attorney. Don't go to Ticket Clinic; they just withold adjudication (no points, but the ticket still shows on your record).
The only way this ticket can really get thrown out is if the Officer doesn't show up for court, or if the Officer decides to drop it.
Make it known to the Attorney that you work in LE. That might help.
The only way this ticket can really get thrown out is if the Officer doesn't show up for court, or if the Officer decides to drop it.
Make it known to the Attorney that you work in LE. That might help.
#4
in FL they hardly show up... atleast in Miami they don't. most of the time they don't... unless an accident occured or it was speeding/reckless driving.
fight it. how can he prove you didn't have enough time. call the ticket clinic.
fight it. how can he prove you didn't have enough time. call the ticket clinic.
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Hire a ticket attorney. Don't go to Ticket Clinic; they just withold adjudication (no points, but the ticket still shows on your record).
The only way this ticket can really get thrown out is if the Officer doesn't show up for court, or if the Officer decides to drop it.
Make it known to the Attorney that you work in LE. That might help.
The only way this ticket can really get thrown out is if the Officer doesn't show up for court, or if the Officer decides to drop it.
Make it known to the Attorney that you work in LE. That might help.
Ive already taken the class once (For a bogus ticket as well but I didnt care because with the class I didnt get points)
I just wonder why it wouldnt get thrown out on my and my friends testimony alone? Its 3 vs 1 not me vs the cop. I think there would be ample evidence to have it thrown
I plan to file a formal complaint against the officer as well. He was completely unprofessional in the manner he issued the ticket, failed to fully explain my options, and had a incredibly angry demeanor about him, was beligerent to my passengers and didnt not allow me to pull off into a parking space out of the way of parking lot traffic.
Ive seen fast food workers with more professionalism than him.
Last edited by nhraracer; 08-12-2008 at 02:31 AM.
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I got the same ticket, got pulled over for 71 in a 55. He gave me that ticket instead of the 16 over, said it was less of a fine and a point less. I took that class when I moved down here, which was less then a year ago. So I can't take it again. So I have to pay the ticket and take the points. I don't have any tickets on my license so I don't expect much if any insurance increase.
BUT, I was debating fighting it. Should I even bother? It was in Volusia county. What are my chances of him not showing up, and isn't it three no shows before they drop it?
BUT, I was debating fighting it. Should I even bother? It was in Volusia county. What are my chances of him not showing up, and isn't it three no shows before they drop it?
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If the cop doesn't show, it's dropped, plain and simple. Just like if you don't show, you're license is suspended and you're found guilty of the infraction. You're thinking of a continuence which would be if he had a scheduling conflict.
If you are just concerned with the points, I'd get an attorney. Some counties the attorneys get them out of the ticket all together. In my county, I've never seen an attorney get someone out of a ticket, all they do is get them out of the points, sometimes at the price of more $$. If you have a fairly clean record, atleast within the past few years, you might just go yourself, plead no contest, and ask for a withhold. You'll still have to pay the fine + court costs but no points and you won't have to pay an attorney.
You can try and bring witnesses, I'm not sure how much help they will be. 9 times out of 10 the court will side with the officer, just the way it is. There is ano physical evidence so it's all he said she said and the court puts a lot more weight in an officer's testimony when it comes to traffic stuff than a violators or their passengers. Not saying it's right, just reality.
If you are just concerned with the points, I'd get an attorney. Some counties the attorneys get them out of the ticket all together. In my county, I've never seen an attorney get someone out of a ticket, all they do is get them out of the points, sometimes at the price of more $$. If you have a fairly clean record, atleast within the past few years, you might just go yourself, plead no contest, and ask for a withhold. You'll still have to pay the fine + court costs but no points and you won't have to pay an attorney.
You can try and bring witnesses, I'm not sure how much help they will be. 9 times out of 10 the court will side with the officer, just the way it is. There is ano physical evidence so it's all he said she said and the court puts a lot more weight in an officer's testimony when it comes to traffic stuff than a violators or their passengers. Not saying it's right, just reality.
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I plan on using the arguement that if I cut so many people off then why did no horns blare and why was there no screeching of brakes or any sign that I cut someone including the officer off
I also am going to hire a ticket attorney.
I also am going to hire a ticket attorney.
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I go to traffic court almost every Tuesday, yes I write a lot of tickets. I agree that a lawyer is the safest route, but based on my experience if you have a fairly clean record, there is nothing a lawyer can do for you that you can't do yourself, and save a few bucks in the process. Hell, I tell people with good driving records that I cite that if they don't want the points to contest it and ask the judge to hold the points. Again, this is in my county and not all counties operate the same way.
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Ive been pulled over a few times but only had this and the other ticket and all the other incidents were at 2 am when the cop didnt have anything better to do than pull me over for a busted tail light (This is back when I had a raggedy car with a busted tail light) and no visible tag (When I was driving home in the dark and the tag light was out in my bird)
Take that as a clean or not clean record as you will. Ive been pulled over four times in this order Busted Tail light, Speeding (Took the class), Tag not visible, and this one.
Take that as a clean or not clean record as you will. Ive been pulled over four times in this order Busted Tail light, Speeding (Took the class), Tag not visible, and this one.
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I dont know but I think if you drive a sports car, your f**ked with cops and courts. Its like a freebie for them, your young and in a fast car, who wouldnt believe you were speeding or being dumb. The only way I fight tickets is by scrutinizing every little thing about the ticket, something not written correctly, unclear on the violation, you name it. But for the most part your getting stereotyped. I've been pulled over for tons of lame ****, lights supposedly not working then low and behold when I get out to look its magically working again. Its all bullshit!
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I'm still wondering, can you stall in FL? Ok its going to be sorta long, but here is what happened the last time I got a ticket, and it was in CA.
I go to the courthouse a few days before the deadline to pay. I wanted to pay by Visa, well they didn't take Visa, for some reason they only took cash or check in person, or Visa by phone. So I showed up and they gave me another 30 days to pay, because I had shown my face with intent to pay. They said yes you could also mail a check. I told them I wanted a court date. They said include with the check, that you want a court date. So the check clears the bank, I eventually get my letter of summons or whatever. Its like another two months down the road. At this point its been several months since the citation was written, so of course the officer doesn't show. Who's going to fight it several months later, and how credible would his testimony be at that point? Its been months, the ticketed person is going to remember well what happened, while the officer has probably written 50 tickets or more.
Also scour the ticket over for any incorrect info. Officer that pulled me over wasn't rude, but he also didn't explain anything, and had me down as having a CA tag. If the officer showed up I was going to state that the pavement was wet, officer did not have a clear line of sight on my vehicle, anyone of the cars could have spun their tires, how observant could he be if he didn't even realize I had a FL tag, or just filled the ticket out incorrectly? I was gonna ask the judge if he ever saw a non vanity tag in CA start with a letter?
I go to the courthouse a few days before the deadline to pay. I wanted to pay by Visa, well they didn't take Visa, for some reason they only took cash or check in person, or Visa by phone. So I showed up and they gave me another 30 days to pay, because I had shown my face with intent to pay. They said yes you could also mail a check. I told them I wanted a court date. They said include with the check, that you want a court date. So the check clears the bank, I eventually get my letter of summons or whatever. Its like another two months down the road. At this point its been several months since the citation was written, so of course the officer doesn't show. Who's going to fight it several months later, and how credible would his testimony be at that point? Its been months, the ticketed person is going to remember well what happened, while the officer has probably written 50 tickets or more.
Also scour the ticket over for any incorrect info. Officer that pulled me over wasn't rude, but he also didn't explain anything, and had me down as having a CA tag. If the officer showed up I was going to state that the pavement was wet, officer did not have a clear line of sight on my vehicle, anyone of the cars could have spun their tires, how observant could he be if he didn't even realize I had a FL tag, or just filled the ticket out incorrectly? I was gonna ask the judge if he ever saw a non vanity tag in CA start with a letter?