Traffic Ticket - Would I Hold Up In Court?

[Goldman]

Well, I knew this was going to come one day, but wish I was more careful. It was a red light, and I gunned it once it turned green. The speed limit was 40, once I hit 50, I putted it on neutral since there was a red light coming, and that's usually the fastest I will go on that road.

Lucky for me, the cop was behind me since the red light . She pulled me over, telling me she had to accelerated to 60 to catch me. Pretty sure that's because I gunned way before she did. So instead of speeding, she wrote me a "failure to obey signs" to give me a break. Even tho I didn't disobey and signs. Which is still $100 and 3 points.

I planned to go to court, but should I plead not guilty and just explain the whole story and tune down the speed I was going?

Because she wrote me a ticket that I didn't do, would that give me a better chance to get out of it? I hope so.... :(

[PQ]

What signs was she talking about?

[Goldman]

There were no signs, she told me that she is giving me a break by not giving me a speeding ticket, so give me that instead. I think that's because she couldn't/didn't clock me.

[PQ]

Hmmmmmmmmmm.............. Looks good for you. Take pics of the area and go to court. Least you would have to do is pay the ticket.

I think it's worth a shot.

Banshee? Tag?

[eynigush]

Don't bother. I don't get tickets, I write them. She'll be at court the time you're scheduled to appear. Your word against hers and the judge has the power to increase the amount of the ticket if the whole speeding thing comes out in the open. Take your licks, pay the fine, goxto traffic school and make sure cop/deputy/highway patrol isn't behind you when you gun it.

--Eddie

[Mindz]

she's giving you a break by taking away your license for a long time? (3 points is revoked license)

[RobbieSS]

What the officer probably wrote you for was violation of a traffic control device, that being the 40 mph speed limit signs that control the speed on that stretch of roadway.

If you go in front of the judge and testify as you did in your original post and say you slowed down once you hit 50, you would be found guilty of the violation.

I'm not saying to go into court and lie but hypothetically if one was to accellerate fast from a red light and then maintain the speed limit once one hits it, there would be no violation, so long as the original accelleration was not done carelessly or recklessly.

In this case, one could argue that he only accellerated to the speed limit and there was no way for the officer to get an adequate pace of the speed because the officer did not accellerate at the same speed. Unless the officer testifies to something you don't expect, this argument should have positive results.

That being said, it is the exception to the rule when the motorist prevails. Also people go to court hoping the officer does not show up. Most agencies will discipline an officer who fails to show up for a court appearance and the officer is being paid well to be there, so the chances of the officer missing the court date are small.

Going to traffic court is a crap shoot. If you lose, the judge could fine you more than the original fine and even add court costs. In my jurisdiction, the judges will ask if anyone wishes to change their plea to no contest, which means you are not admitting guilt but you wish to pay the fine and get it over with. The ones who elect to change their plea are usually rewarded with a withhold of adjudication which means there are no points assessed. Then you pay the original fine and walk away without any negative affect on insurance and such.

Good luck with it and please post the outcome.

Robbie

[eynigush]

In California you may pay the fine and avoid showing up to court. If you plead not guilty, you pay the fine up front anyways and wait until your scheduled appearance. Unfortunately for the culprit, changing their plea to a no contest will not wield much benefit. Like posted above, the officer is payed to show up; whether or not you appear, three hours of overtime are guaranteed to the officer. People usually change their plea once they see that the officer is present. It's common practice and the judges know this. The only break you'll catch is an extension to attend traffic school.

--Eddie

[RobbieSS]

3 hours OT? Nice, we are only guaranteed 2 hours OT.

[PQ]

Here in Alabama, the Troopers are not paid extra to go to court AND they get reprimanded, even if only chewed out, for not appearing. Not sure bout the county and city.

[eynigush]

Local PD gets two due to the city being broke. If you work county level you get three. Those three hours are free money for me, they cost me no more than an hour of my time.

Originally Posted by RobbieSS

3 hours OT? Nice, we are only guaranteed 2 hours OT.

[Black LS3]

If you write someone a Ticket, How do you know if it's going to go to court or not?

[wullger]

Can you have that one deferred? You pay a bit more, but it doesn't go on your record so long as you have no more infractions in a certain period.

That's -if- I understand that process correctly and -if- that applies to your state.

[eynigush]

The ticket is either marked as a citation or a violation. Don't look too much into the words I use, different states=different verbage. Anyways, citations are minor violations that can be paid and won't affect your record. Traffic violations will have a court date of two months from the date of the incident. You'll receive a notice to appear if it's something serious like suspended license or DUI. Here, a DUI without harm is strictly book and release. Most traffic violations can be paid and forgotten. Those that result in injury or property damage or fall under felonies become criminal violations and you will be arrested. Speeding over 100mph is arrestable and a minimum 30 impound of your vehicle.

-- Eddie