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Topic: Fighting a moving violation...  (Read 2370 times)

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Malibu_Two

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  • Date Registered: Jul 2005
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I got pulled over yesterday for "going straight through a turn lane." While I don't entirely agree with this allegation, I don't know if I should fight it or just pay the ticket when it arrives, do traffic school, and be done with it. I've never had a moving violation so I haven't had to do this before...

This was in Burlingame. I don't know how tough they are, etc...
Any input?
Thanks,
Andrew
May the fish be mighty and the seas be meek...


amphibian

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When you say that you don't agree do you mean you don't agree that it should be illegal or you don't agree that you did it? Few if any courts charge a larger fine if you go to court so you don't have much to lose by going to court. If the officer doesn't show up the ticket will be dismissed. If he does then you can plead your case and see what the judge says. Most traffic court cases are found guilty but not all. You can go to traffic school for the offense and it will not go on your record.

I guess you have to decide how much time you have and how valuable it is. If you have the time then go to court and see if the officer shows up. If he does then tell the Judge you want traffic school.
Everybody dies, not everybody lives. What did you do today?


&

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somebody just posted here about proceeding with a trial by declaration.  check it out.  If you lose on the trial by declaration, you can still proceed with a trial de novo, meaning you get to take another wack at fighting it in person.  a google search will pull many relevant references


piski

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Everything Amphib said - one way is, if you have time, go to court & take your chances the cop doesn't show. If he does show, your chances of winning are usually slim, unless you have an attorney. It's unlikely worth hiring one. Just out of curiosity, what kind of car were you driving?
Catch & Repeat


Malibu_Two

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Blue Civic...why do you ask?
I don't think I did what he claims I did...it was a confusing intersection that wasn't well-marked, plus I slowed down, signaled, and switched lanes (granted, at the last moment) without cutting anyone off or doing anything dangerous.

The officer even acknowledged that a lot of people make this mistake at this intersection which, to me, confirms the intersection isn't well-marked.

« Last Edit: February 23, 2009, 06:20:04 PM by Malibu_Two »
May the fish be mighty and the seas be meek...


Tote

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Go to court but have a plausible defense.
When I was 20 I got pulled over and got 3 tickets in one stop!
I opted NOT to have the officer present and I won; all 3 thrown out.
I got another one when I actually rear-ended someone...long story involving a plane crash......anyway......I had the officer present that time. The guy in back is always guilty, especially when there are witnesses, right? I put up a good defense. Not good enough to be found innocent but good enough to have all fines dismissed.
Don't tell the judge why you THINK you are not guilty, show him why you are not.
<=>


Malibu_Two

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How do you opt to not have an officer present at the hearing?
May the fish be mighty and the seas be meek...


piski

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Quote from: Malibu_Two
Blue Civic...why do you ask?
Sometimes cops pull over certain cars because they're more "suspicious-looking" or simply stand out more. That wasn't the case here.

Quote from: Malibu_Two
The officer even acknowledged that a lot of people make this mistake at this intersection which, to me, confirms the intersection isn't well-marked.
This is why he pulled you over - it's an easy ticket, just like a speed trap with radar. Instead of pushing to upgrade the intersection, they just keep writing more tickets. Sounds like Tote has some good advice, even though I'm not sure what cars were like when he was 20.  :smt002 :smt064

BTW, here's the Trial-by-Declaration thread Yakuza mentioned:  http://www.norcalkayakanglers.com/index.php/topic,16197.0.html
Catch & Repeat


Malibu_Two

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Interesting. I will definitely look into fighting this, but if I can get away with paying $300 MAXIMUM including traffic school, I might just opt for that.

I sort of respect cops, but not the system that pays them to park behind some bushes and prey on people who make trivial slip-ups while driving.

As RoboCop would say, "Somewhere there is a crime happening."
May the fish be mighty and the seas be meek...


Andy1976

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Take some pictures of the intersection and explain what happened.  Than will make you look a little more serious about your innocence.  I chose to fight only one ticket and the judge did dismiss it.  Good luck
The world belongs to the energetic. 
Ralph Waldo Emerson


Tote

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How do you opt to not have an officer present at the hearing?
Just show up. You will then acknowledge you are giving up the right to have the officer present.
<=>


guitarzan

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I did the online traffic school when I got a speeding ticket on my way to the Montazuma dino grounds, its long and boring but a piece of cake. All the towns are scrambling for $$$ so I think there will be more and more tickets handed out, its not the cops fault, their getting screwed too. Keep an eye on your 6:00.
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mickfish

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Group IQ is inversely proportional to the size of the group.

A Steelhead always knows where he is going, but a Man seldom does.


piski

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I did this one:  http://www.4trafficschoolbyimprov.com/
It was super easy to have all the docs sent to the court.
Catch & Repeat


Northern Boy

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Bear this in mind; if you do traffic school, you won't be eligible for traffic school again for at least 18 months.

So if you get another moving violation in those 18 months you get the fine AND big whack on your insurance when the violation goes on your record.





 

anything