Fighting a Ticket Advice

[tony3]

You should be able to get it removed, it seems like you did nothing intentional.

[Tunaman]

Just curious...did you have a couple of drinks? Is it possible that maybe he caught a whiff and let you off easy...hence the "you are lucky" comment? If not, I'd fight it too. Musta been a ball buster.

[Korrosion]

I'm not sure how it is in your state, but in IL if the cop does not show and there are no other witnesses then you walk with a not guilty plea.

[tony3]

Yeah, the glory of Illinois.

[SlartyBartFast]

I "beat" a red light violation. Quite easy if you are in the right.

Dress well, behave well, be calm and polite.

Know the law, know the situation.

DO NOT use excuses. State the facts.

Answer all questions but be prepared to spot the trick questions.

Here in Quebec for example everyone I know who has been in for a Stop sign violation and two of the people that were at the same court session that I was at were asked "How long did you stop? Did you stop for 3 seconds? Or was it a 'rolling stop'?" By the prosecution. It's a trick question because it puts you in a position of thinking in yes or no terms. And usually the only honest answer is "no". As while it wasn't a rolling stop, you can't be sure it was 3 seconds. The right answer however is knowing the highway code: "Your honour, at the intersection, I came to a complete stop before the stop line and verified no cars or pedestrians wanted to cross my path before proceeding."

My stop light violation? "Before I passed the stop line, pedestrian crossing, and near side of the cross streeet, and therefor depassing the limit to respect for stopping at a red light, the light was green. Traffic did not allow me to progress until after the light had changed."

In essence, I was actually guilty of entering an intersection without being able to get through. The important point was that I was not guilty of the offense on the ticket.

[Lohman446]

Its technicalities, and in the law it is important to know them. In an unrelated example, if I have a gun properly locked and stowed in my trunk (unloaded) and it is in legal transport mode I am not required to tell a police officer. If he asks me if I have a gun the proper and legal answer is "I am not carrying a concealed firearm". Did I answer his question - not at all, nor am I legally obligated to do so. Its the same on this, know what your legal rights are, know what the burden of proof on the officer is, and respecfully point out that he has not met them.

[frontrunner]

good luck ma cops suck, i have a v6 stang as well and i drive past alot of speed traps on my way to work i'll see at least 2 every week and i can tell wher they will be. i make sure to go about 5 under and most the time the @$$hole makes a point of pointing the radar gun at me anyway as i drive by I always end up thinking what a jerk. as for you ticket play ball speak proper and polite, becareful what you wear dress nice but do look out of place in it alot of younger poeple make the mistake of just geting a suit but not takin the time to feel good in it

[Thordic]

Just curious...did you have a couple of drinks? Is it possible that maybe he caught a whiff and let you off easy...hence the "you are lucky" comment? If not, I'd fight it too. Musta been a ball buster.

He knew we were coming from the bar, but I hadn't had a few drinks. I was sippin a beer and eating peanuts and BSing with friends over the course of a few hours. The bar we went to is a big party bar on thursday nights, but we were there on a friday because its usually dead on fridays and we felt like sittin around.

In any case, we'll wait and see. Thanks for the advice everyone, I'll dig out my owners manual and see what I can find.

The rather ironic thing is my car can't even do burnouts when I've tried in the past. V6 + open differential just won't do it, the best I can manage is a little squeak.

[chairman_mao]

Just curious...did you have a couple of drinks? Is it possible that maybe he caught a whiff and let you off easy...hence the "you are lucky" comment?

Even if this is the case the cop would be FOOLISH to mention it because then he was not properly doing his job.

[teufelhunden]

I'd wear assless chaps.

[Thordic]

I'd wear assless chaps.

I was thinkin about that, but it really depends on the judge...

[hitech]

Here is another "trick" to getting out of a ticket. It is based on the fact that the officer must testify to what they remember, not what they have in their report. They may use the report to refresh their memory, but you can insist that they not refer to it during the their testimony. Now, the "trick" is to get them to forget about the details and show that they can't remember. You have to devise a question that they can answer if they remember and can't if they don't. It needs to be something not in their report and something verifiable.

To help reduce their memory, get as many postponements as you can. What are the chances he will remember what happened a year from now?

Also, as others have said, be prepared. Don't ramble on about anything that doesn't have to do with the law. And, of course, know the law.

Good luck.

[SlartyBartFast]

good luck ma cops suck

Sorry. YOU suck.

The cop is just doing their job. You're just being a jerk blaming them for it.

I always find it amusing that the people who ***** most about the simple things like having a radar gun pointed at you often revert to "if you've got nothing to hid, you have no need to worry" when it comes to far more invasive invasions of privacy or increased security on the grounds of drug enforcement or terrorism.

[SlartyBartFast]

the officer must testify to what they remember, not what they have in their report

Many jurisdictions don't require the officer to be present. The report and officer's log book stand in as officer testimony.

Good thing really. Too many jerks who WERE GUILTY were tying up the court system and costing the public tons of money because they wanted to chance the cop not showing up.

[SCpoloRicker]

Too many jerks who WERE GUILTY were tying up the court system and costing the public tons of money because they wanted to chance the cop not showing up.

*raises hand, slinks off to corner*