Got a ticket. Should I fight it?

[jebckr]

I know this is sort of off the topic of this entire forum, but I wanted to ask anyways.

So I was driving home tonight on a stretch of highway with my cruise on 68 in a 65. I top a hill and a car is pulled over by a patrol car. I'm in the right lane and I stay in the right lane. I did kind of move to the left of the right lane, but I didn't merge. I got a ticket for "failing to move over for law enforcement." It was an honest mistake and I wasn't trying to be an ass like the officer seems to think I was. He never really let me get a word in when he pulled me over. He just asked if the car was mine and then laughed like an asshole an said my rates were about to go up.

So, would this be worth my time to try and fight? I was thinking I might request the officer's notes and go from there. I mean if he didn't explain in detail in his notes I could just say I couldn't merge due to another car, obstruction, etc. Or the truth, I didn't have a lot of time to react and was still safe with my actions.

Meh, what do you all think?

[joerod97]

yeah fight it, you didnt have time to react because of the hill.

[Mindz]

They have this law popping up all over the place. In CA, it's called the California Move Over law...Apparantly, lots of officers are injured from people refusing to slow down or move over, move over preferrably, if the officer is giving a ticket or helping someone with their car troubles. They put the law in place to prevent that.

I don't know if you should fight it as you're only the third person I know that has gotten the ticket, but all three of you have gotten the ticket in the past 2 weeks. Dunno if it's possible to fight it, or how you would go about proving that you did give extra room to the officer on the side of the freeway. It seems to be your word against theirs and who do you think has more pull?

Hopefully something can be done. Good luck!

[JohnInSoCal]

I would, see if his car has a camera to record the incident. Likely the judge is simply going to believe the officer unless there is video to refute it but it's worth a shot.

[JMG680]

Ask for the Tape and Sound for the stop under the freedom of information act. If Alabama is anything like most places he is recorded for sound and video. I had an officer tell me once that someone was speeding n that group and I had the only sports car(A mustang at the time). I said I was not speeding officer, but I would not fight him on it as he was just out keeping those roads safe. He then said that he hoped after my insurance when up I could keep making my payments. I said I would be able to and thanks for the concern. Well I go to the police station get the tape, fight it and the Judge not only dismissed the case, he was not to happy with the conduct of the stop. It is worth a try.

[ELDuran]

Always fight any ticket even when at fault. There's always the possibility the officer wont show up and your case is dismissed. I won a lot of cases this way.

[TJ91]

Originally Posted by JMG680

Ask for the Tape and Sound for the stop under the freedom of information act. If Alabama is anything like most places he is recorded for sound and video. I had an officer tell me once that someone was speeding n that group and I had the only sports car(A mustang at the time). I said I was not speeding officer, but I would not fight him on it as he was just out keeping those roads safe. He then said that he hoped after my insurance when up I could keep making my payments. I said I would be able to and thanks for the concern. Well I go to the police station get the tape, fight it and the Judge not only dismissed the case, he was not to happy with the conduct of the stop. It is worth a try.

and GoodLuck, that is definitly not a fair ticket.
Update us on the case as you go along

[CaliEMT]

Originally Posted by ELDuran

Always fight any ticket even when at fault. There's always the possibility the officer wont show up and your case is dismissed. I won a lot of cases this way.

My aunt is an officer, and i asked her, and she said fight it. She said that if there is no evidence, and you let the judge know about the hill that you will be able to get it dismissed. She said just tell them that you tried to keep your eyes on the officer instead of taking the chance and looking over your shoulder and signaling and moving over (that you didnt feel you had time).

She also said that you will more than likley be able to take care of it.

[v6sonoma]

Fight it!

[Joemaro]

Fight it for sure.

[ron10]

sounds like the cop was having a bad day.i would show up in court tell the truth and hope the judge dismisses the ticket.how much is the ticket?

[jebckr]

The ticket is $133 I think. It doesn't say anywhere on the ticket itself. Under the specific county's law, failer to yield right of way is that much. I couldn't find anything on failer to move over for law enforcement. I'll call tomorrow to get that information and see about requesting any tapes, sounds, officer report, etc.

[Matrix]

The cop was a bit unfair and also unprofessional to laugh at you with his sarcastic comments.

In all honesty dont bother fighting it. The law is the law if that is the law in your state. How would you win??

Do you honestly expect the judge to take your side when the cop applied the law? It will make a mockery of the whole system. It will show that the judge has no confidence in the police officer or the law he is abiding by and on paper he is rightly following.

Despite the fact I feel the cop could have let this slide I feel you will waste time and $$$ trying to fight something that is written down in the books as the LAW. The law is an ass sometimes but until they are changed you will lose.

Also, honestly, move over and give them room to do their jobs.

I ALWAYS move and leave one lane clear if I see a cop, motorist, cyclist, or pedestrian on the side of a road/highway. I would never want anyone darting out suddenly and wrecking both our days. I just dont give them chance.

Im sorry this happened to you, I feel you were hard done by, and this could have easily been dealt with a few words in your ear if the cop felt threatend. One conversation wth you and I bet you would have learned for next time. Sometimes I just dont see why they hand out tickets unless its a fund raiser for their dept.

[jkelly]

I disagree, you don't always have the opportunity to move over if there are other cars on the road. I say fight it.