(Alleged) traffic violation woes

[Joe Canadian]

A year ago, around lunch time I was driving -starving and alittle distracted- looking for a fish taco stand close to the area where Iwork.  The fish taco stand wasn’t thereanymore but there was  “something” sortof hiding, - or stuck, I’m not sure- in the bush right next where the restaurantused to be. It turned out to be a cop who flagged me down, told me I was doing70kph in a 50k zone, handed me a $185 “speeding” ticket and walked away. I decided to dispute the ticket and I just learned that thecourt hearing is in 3 weeks. I need to work on my strategy and was wondering ifI could get some ideas here.

 

I took a good look at the ticket and noticed the cop made amistake when he dated it.  He wroteSeptember 15, when in fact was September 25, and then corrected it by writing a2 on top of the 1.

I was planning to argue in court –if I end up going tocourt- that the fact that the cop made a mistake writing something as simple asthe date shows an “element of hesitation” in issuing such ticket. If the cop wasn’tthat sure about the date…how could he be 100% certain that I was driving abovethe speed limit? Maybe I wasn't doing 70kph and I should, in any event, begiven the “benefit of the doubt”...right?

I’m not sure what to do. If I go to court I have to take aday off work and…I don’t get paid for days off.  So I came up with three different “choices” of“scenarios before I make a decision:

1) Do nothing about it: just pay the ticket, go to work asusual, and suck it up: feel like anidiot.

2) Go to court, miss a day of work and beat the traffic ticket:look like a lucky (or smart) idiotfor being able to beat the ticket on a technicality.

3) Go to court, miss a workday and lose: pay the ticket +lost income: double whammy: be a realidiot.

So, wtf should I do? I am innocent!!!

Cheers!

[MikeB]

If your record is spotless, you may find the fine in court is lower than paying and not going to court.  But then you loose a day pay.  But if you have a vacation day to take, it may be worth it.  In my 33 years of driving, I have had one ticket.  I got a ticket for 75mph in a 55mph and not wearing a seatbelt.  I went to court and told the Judge, yes I was speeding and this was my first ticket ever.   She dismissed the speeding and just got me for the seatbelt, which was $80 total.  I could have attended a seatbelt class and not paid anything, but I didnt want to.  So I paid the $80.  Would have been 3 times that with the speeding.  Good luck and keep us posted. 

[Venery]

70 in the 50 for a fish taco....sounds like your just a defiant speeder, plain and simple...lol, just kidding, but you say you were distracted, so how do you know just how fast you were going?... ask yourself the question....were you in fact speeding? ( you know if you were or not, wether you were going 55 in the 50 or 70 like the cop says... but like most you dont want to admit guilt. hell, who does? if this is the case do the honorable thing and pay the ticket. dont go to court and squable about the date as all times are nominal ....mistakes are made all the time on traffic tickets and the officer will only testify that yea, he clocked you going a certain speed and he made a mistake on the date (wether he fixed the date or not)....happens all the time. the court and cops look at speeding as there is no excuse for it so no angle, as it were, is going to help you.....it will boil down to how you present yourself in court, AND MORE IMPORTANTLY, how many traffic violations you,ve had in your driving career......what usually helps if you go to court and explain to the judge yes i was speeding but, can you cut me a break on the fine as you cant afford to lose $185.00 do to bills, kids, etc...... and ask to have it reduced or pay small amounts over time, which in my experience, i have never seen a judge not reduce it unless the person is a menace to the roadway...or flat out give them a probation before judgement and suspend the fine all together...depends on your driving record, and how you present yourself in court...dont be an asshole...., however, if you are truly innocent, be an asshole ...fight it till the bitter end regardless of the outcome...........now....here is the only way you stand a chance to beat this ticket....your gonna get the officer on the stand and your going to tell the judge that you dont believe you were speeding and you would like the officer to produce the certfication that he was properly trained on the radar gun he was using the day he clocked you. next, ask if the radar itself was properly calibrated prior to you getting pulled over with a 70mph speed, as it is supposed to be calibrated everytime it is taken out and or used......99.9 percent of cops do not keep a record or calibrate radar devices prior to using them...so your going to attack his training instead of his integrity.....if your successful at this and found not guilty...get out of there fast...cause your gonna get your ass kicked in the parking lot.....lol, just kidding... he may be upset, but he,ll know to have that shit ready for court next time.....if it makes you feel any better, ive been a cop for 25yrs...with in the last 5 i have recieved a speeding ticket and a riding my atv on state game lands ticket. both were payed, cause i was guilty.....hope it works out for you ...185 clams can buy almost an ouce of weed....good luck

[Labob]

Its worse then you think. You will go to court to fight the ticket depending on how lucky you are is how long you will wait to be called before the court. You say not quilty Mr Judge goes ok and set the fight for another day so they can get the cop in for you to defend yourself against. Thats 2 days wages not one and thats a certain. So my advice is if it does not affect your insurance , license, or anything else of importance. Swear kick something and pay it. If pleading guilty is going to affect any thing else that will cost you more in the long run fight it. Thats why every day tickets are less then a days wages. Oh and the date thing the judge would not agree with you. Wrong car colour, plate number not having the right speed something like that would be a tecnicality. See truck drivers learn shit sometimes And wwere all innocent wink wink

[Hunter1948]

Labob

Its worse then you think. You will go to court to fight the ticket depending on how lucky you are is how long you will wait to be called before the court. You say not quilty Mr Judge goes ok and set the fight for another day so they can get the cop in for you to defend yourself against. Thats 2 days wages not one and thats a certain. So my advice is if it does not affect your insurance , license, or anything else of importance. Swear kick something and pay it. If pleading guilty is going to affect any thing else that will cost you more in the long run fight it. Thats why every day tickets are less then a days wages. Oh and the date thing the judge would not agree with you. Wrong car colour, plate number not having the right speed something like that would be a tecnicality. See truck drivers learn shit sometimes And wwere all innocent wink wink

+1

[Shamu]

Pay the man and  be more careful in the future. He was probably right and you were probably wrong.

[hxtr]

i agree with all above...  just pay and move on... but we have a option here to do deferred adjudication which means if no other violations you can be on a probation period and if you dont get another ticket for some 3 to 6 months or longer you just pay the fine but does not affect your record. But not sure how Canada works.

[Blackbart]

Labob has it right...

[Dstraktd]

the cop will get the benefit of the doubt. and you will miss more than one day. You will go in and be arraigned, then have to come back after they subpoena the officer, who may not even show up on that day, which means you will have to miss yet ANOTHER day.  I don't know how it is where you live, but I can take a speeding ticket to the payment window and ask them to drop it to a non-moving violation.  U pay the same fine, but you don't get a mark against you on your insurance.  OR go to your court date, and when you are arraigned, tell the judge you will plead guilty if they drop it to a non-moving violation.  they don't want you to have to come back to court any more than u want to go. they just want your $$$. PERIOD. if you go in to fight it, you are making the court do more work, and you are more likely to get ur ass handed to you.  Guilty or innocent, this is something NOT worth fighting.

[Dstraktd]

Fight murder raps, not speeding tickets...

IJS

[hxtr]

Dstraktd

the cop will get the benefit of the doubt. and you will miss more than one day. You will go in and be arraigned, then have to come back after they subpoena the officer, who may not even show up on that day, which means you will have to miss yet ANOTHER day.  I don't know how it is where you live, but I can take a speeding ticket to the payment window and ask them to drop it to a non-moving violation.  U pay the same fine, but you don't get a mark against you on your insurance.  OR go to your court date, and when you are arraigned, tell the judge you will plead guilty if they drop it to a non-moving violation.  they don't want you to have to come back to court any more than u want to go. they just want your $$$. PERIOD. if you go in to fight it, you are making the court do more work, and you are more likely to get ur ass handed to you.  Guilty or innocent, this is something NOT worth fighting.

correction... if the officer does not show up.. the case is thrown out.... or atlease here in the US.

 

The problem is if he does show it. Hard to win if he is there to defend his ticket. Judges will always lean towards the law unless you are really HOT! Seen it. Know it happens.

[baldie]

Shoot the cop and burn down the courthouse  Job done

[Dstraktd]

hxtr

correction... if the officer does not show up.. the case is thrown out.... or atlease here in the US.

It's supposed to be thrown out, but I have first hand had to come back to court because the officer wasn't available.  This is also Louisiana, we are still under Napoleonic law (aka "The good ol boy system")

[Cpt.TennealXI]

Here in Canada they get paid overtime to go to court,sochances are he will show....and make money for doing it!

[Belle]

so what happened to the fish taco stand?   bummer, I like fish tacos

[hxtr]

Dstraktd

hxtr

correction... if the officer does not show up.. the case is thrown out.... or atlease here in the US.

It's supposed to be thrown out, but I have first hand had to come back to court because the officer wasn't available.  This is also Louisiana, we are still under Napoleonic law (aka "The good ol boy system")

you have know idea how I understand you. A best fiend of mine was good friends with a district Attorney in New Orleans. He went to NO all the time fing prick. So he tells me one day.. he was super drunk on bourbon street. He decides to take a piss in the ally. He starts to piss and some fucks start yelling at him. Sean was not the type to take shit and talked back. They came down ready to fuck him up. COPS they were. His district attorney friend just happens to pass buy at that time and defused the ordeal. He was about to get fucked up  bad but..... he knew people. But a lesson.

 

I was in New Orleans for 1 month and LU or 3 months... WOW!!!!!!!! crazy place but the cops.......... hummm. But 19 and drank like a fish. They did not care about that. Cool place over all.

[WHITEBOY]

Sounds like he may of been sitting on private property while he was using radar....thats a no-no!  or sounds like he may of been deliberately  hiding....that too is supposed to be a no-no!

                       I'd fight it......nothing worse can happen to you...(except losing a days pay) 

[BUDMAN]

I think it may be differnt where he lives ...not sure though

[Shamu]

hxtr

correction... if the officer does not show up.. the case is thrown out.... or atlease here in the US.

 

The problem is if he does show it. Hard to win if he is there to defend his ticket. Judges will always lean towards the law unless you are really HOT! Seen it. Know it happens.

Best check state laws, the above is not always true.

 

In Philly, PA, Traffic  Court, the police can assign a officer to traffic court duty and he represents the police for all cases before the judge on that day. He has the charges made by the arresting and reads them into the record.

 

Granted your chances are better without the arresting officer present because you can lie scheme and twist the circumstances. But it is not true that the arresting officer has to be present. You just best be able to manipulate the arresting officers report in your favor because he may not be present to dispute what you say.

 

Keep in mind, traffic courts are state jurisdiction and practice can vary state to state.

[Joe Canadian]

Belle

so what happened to the fish taco stand?   bummer, I like fish tacos

It shut down a day or two before I decided to give it a try, the owner filed for bankruptcy and was gone in no time. I no longer like fish tacos myself, :-)

[Joe Canadian]

MikeB >XI<

If your record is spotless, you may find the fine in court is lower than paying and not going to court.  But then you loose a day pay.  But if you have a vacation day to take, it may be worth it.  In my 33 years of driving, I have had one ticket.  I got a ticket for 75mph in a 55mph and not wearing a seatbelt.  I went to court and told the Judge, yes I was speeding and this was my first ticket ever.   She dismissed the speeding and just got me for the seatbelt, which was $80 total.  I could have attended a seatbelt class and not paid anything, but I didnt want to.  So I paid the $80.  Would have been 3 times that with the speeding.  Good luck and keep us posted. 

This would be my second speeding ticket in 25 years, so it kinda pisses me off, but after reading all the posts I decided to pay and forget about it. Life goes on...

[Joe Canadian]

hxtr

i agree with all above...  just pay and move on... but we have a option here to do deferred adjudication which means if no other violations you can be on a probation period and if you dont get another ticket for some 3 to 6 months or longer you just pay the fine but does not affect your record. But not sure how Canada works.

 

Yeah, I will just pay it. I wanted to thank everyone for taking the time to reply to my post, I really appreciate it.

Cheers