Fighting traffic ticket

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Marik

Well-known member
Joined
Jun 3, 2004
Messages
1,743
Location
Salt Lake City
OK, here is the situation. On the traffic light I turn left into second (middle) lane (this is 3 lane road, and the cop called the lanes 3-2-1 starting from the side walk). At that particular junction I always have been doing that because in some three-four hundred feet there is a highway entrance and if you get into the first (farthest from sidewalk) lane it is often hard to change the lane as people start flying there like crazy.

One Sunday I did not pay attention to a cop hanging in the third (closest to the sidewalk) lane and did the same (i.e. got into a second lane). If I were to get into the 1st one, at that time of the day the sun would be right in my eyes if I start looking to my right in order to change the lane for the one I needed. The cop gave me a ticket saying "Failure to signal from first to third lane. No right turn signal". To me this sounds like completely different violation and has nothing to do with what I did. Do I have a case here?

Best, M
 
In my experience no matter what you did if you fight it, go to court and the officer is there you lose; if they are not there you win .
Otherwise you need a few witnesses and a very well documented case ( pictures ,drawings  )
 
Pictures, as ubxf says, may help.  If you can, it might help to look at the laws in your state to see if there's anything about holding your lane when  turning onto multilane roads. 
It's probably worth it going to court regardless.  You can probably keep from getting points on your license, & if you're lucky you might get the fine reduced. 
 
From memory in california police do not get paid to go to traffic court or any other court. So unless it's a day off they usually will not go. but I could be wrong. at any rate going to court is a good idea. If they are a no show, done deal. if they should could always plead no contest and do traffic school.

 
+1 with hodad.  Those are moving violations.  I would throw one or two adjournments in there as well- you are a busy person.  Bring Benjamins.
Mike
PS: that cop must have been bored or just going "fishing".  Do you have a Grateful Dead skull or Phish sticker or something on the back?
 
Interestingly, I was just discussing this particular "law" yesterday with someone. She had almost been hit by a driver turning into the #2 lane instead of the #1 lane. The cop should have given you a warning first time, IMO. I believe these types of nuisance-tickets will become more and more frequent as municipalities struggle to maintain revenue streams. Watch out for all kinds of vehicle violation tickets - no front plate, burnt bulbs, failure to signal, rolling stop, etc, etc.
As a driver, it "drives" me insane the number of people jay-walking/crossing against the signal and holding up traffic. Municipalities would probably make more money and decrease traffic jams if they ticketed the jaywalkers instead of the drivers. :mad:
 
Spiritworks said:
I believe these types of nuisance-tickets will become more and more frequent as municipalities struggle to maintain revenue streams.

So true.
I got ticketed out in New Jersey in a small beach town a couple months ago for not using a turn signal to make a left turn.  The only vehicle in the area was a cop car.  My argument was that I was in a traffic circle and a signal was not necessary.  I was right, but what really got me out of it was the fact that the woman managing the court in that municipality was in my grandmothers garden club.

There are some considerations though.  In NJ you can get points for failing to use a turn signal - it's a moving violation.  You can plead no contest, maybe avoid points, but you'll pay out the nose in court fees and fines.  Talk to your insurance company too and see if they'll penalize you - this might be dependent on your driving record.

Might be cheaper just paying it.  What's your time worth an hour?
 
OK, went today for pre-trial. Since I did not have any moving violations in the last 12 years ( :eek:) and after talking to the Prosecutor and explaining the situation, we got a deal--I pay $90 fine and they drop the case (is it called no contest?). If I were to go to the trial there might be a good chance the cop even won't show up, but I'd spend more time and lose more money than that. So all it good!

Thanks everyone,
Best, M
 
Yep... I went to fight a ticket waited a long time to get called to have the judge hear me
the cop did show up and I lost... Funny thing I got charged court costs so my ticket was
more money since I waited and lost, more $$$. Looks like you made the right choice.

Did you ask if it goes on your record and will they charge points
Your insurance will go up.

Steve @ Apex Jr
California

 
I'm glad it worked out.I have to go to traffic school for a speeding ticket going 65 in a 65 mph freeway :((( well i was pulling a little trailer so according to the cop i wasn't supposed to go faster than 55
 
Nope, no points and it won't go on my record. I am glad I went through it because in UT even driving school adds both, points and goes on record.

I was amused to see there guys with $100 tickets bringing an attorney. Interesting, how much did they pay?

Not sure how you guys manage to get traffic tickets in LA. Whenever I drive there, I never see a cop... I thought they were busy with other things...

Best, M
 
The cops in LA get you in traps. I got a ticket for not making a complete stop at a stop sign at 12:30 in the morning on the 5th of July. I'm sure the cop hoped I was drunk, but I was just getting home from doing a grueling 2-day wedding gig in AZ. I was exhausted, and decided to go home and deliver the van/equipment the next day and the $%^&*@% got me about a mile from my house. So even tho I did the safe thing, I got busted.
I did not stop completely, but I was by no means driving in an unsafe manner.
He showed up at the courthouse too, so I had to eat it big time. Lost half of my pay from the gig.
I have had a lot of luck in the past by delaying my court dates as many times as are legally allowed. Over 20 years my success rate was 5 to 1, with the cops not showing. Now I'm 5 to 2, but I didn't delay this one as much as I could have...
Once, i was stopped on Thanksgiving, and the cop let me off with a warning because he said I was the only one that day who had wished him "Happy Thanksgiving"! I'm always polite. It never pays to be rude to a cop.
Glad it turned out OK for you, Marik!
 
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