contesting a ticket in court (long)
#11
I would just pay the fine and go to traffic school...
My time is worth more than the effort of fighting the ticket. Besides, you will loose $150 in lost work, attorneys fees, gas going to from court and attorneys office, etc...not to mention it will be a lot less stressful.
#13
Re: then by your own admission you are wrong.
Being able to stop for a yellow is going to be one of the rules you may need to get right to pass a state's driver's test, but that doesn't make it the definition of running a red light. Here, the way I read the law, running a red light requires that you enter the intersection after the light turns red. The way the police and the city prosecutors tell it, it is being in the intersection at any time the light turns red. They never let me argue this before the judge because every time they will dismiss the ticket with or without driving school. My point is that there are the rules you are taught, the rules that are enforced and what the law may actually be, and that is just in one state. Obviously if you want to avoid a ticket always drive slow enough to stop safely at a yellow light.
#14
Just show up and make your arguement...
The light was yellow. I have had scenarios similar and if your record is clean usually they will let you off with just the fine and no points. You will likely have to pay something though since its a gray area. If thats worth it you and have the time go for it, otherwise just eat it.
#15
Er, what?
At least per the PA driver's manual:
"A steady yellow light tells you that a red light will soon appear. If you are driving toward an intersection and a yellow light appears, slow down and prepare to stop. If you are within the intersection or cannot stop safely before entering the intersection, continue through carefully."
I would look at the driver's manual for the appropriate state, and see what it says. If he was already moving and couldn't stop safely in time when it turned yellow, he shouldn't have gotten a ticket.
"A steady yellow light tells you that a red light will soon appear. If you are driving toward an intersection and a yellow light appears, slow down and prepare to stop. If you are within the intersection or cannot stop safely before entering the intersection, continue through carefully."
I would look at the driver's manual for the appropriate state, and see what it says. If he was already moving and couldn't stop safely in time when it turned yellow, he shouldn't have gotten a ticket.
#16
Call the prosecutor and make a deal.
My experience has always been that they're willing to work with you. There are several reasons for this, among them that a guilty plea is a slam-dunk on their record and any money collected from a fine stays in their jurisdiction and doesn't get shared with the city that controls the traffic court (if it's shared as many suburbs are).
Anyway, call him up and ask him to help you out. You're just a regular guy who was having an off day, you didn't mean to do it, but things happen. Just be humble and remorseful without admitting anything.
He will likely offer you a no-points violation, although you'll have to show up in court to plead it out. It takes 10 minutes on the phone and 5 minutes in the courtroom (providing that you don't get stuck at the back of the line). You'll be out $150 or whatever the fine is, but you won't have any points. Go home and remember not to run that light again.
What he will not do (except laugh at you) is agree to no points AND to fix the light at your request. You aren't doing him any favors by pleading guilty and he isn't going bargain with you in such a drastic way. You can argue semantics and subtleties of the law, but you'll probably lose--they don't care and don't have the power or desire to make such changes. In traffic court, you're guilty unless you can prove yourself innocent, and that's hard to do when a cop saw you do it.
Negotiate ahead of time, be humble, ask for some courtesy and you'll be OK. Gearing up for a fight and bringing a lawyer will only make it last longer and will still cost you at least $150. What's your time worth?
Maybe it's a righteous fight, but it's just a traffic ticket. Be glad you didn't get caught in the web that is automated red light traffic enforcement.
Hope this helps.
Anyway, call him up and ask him to help you out. You're just a regular guy who was having an off day, you didn't mean to do it, but things happen. Just be humble and remorseful without admitting anything.
He will likely offer you a no-points violation, although you'll have to show up in court to plead it out. It takes 10 minutes on the phone and 5 minutes in the courtroom (providing that you don't get stuck at the back of the line). You'll be out $150 or whatever the fine is, but you won't have any points. Go home and remember not to run that light again.
What he will not do (except laugh at you) is agree to no points AND to fix the light at your request. You aren't doing him any favors by pleading guilty and he isn't going bargain with you in such a drastic way. You can argue semantics and subtleties of the law, but you'll probably lose--they don't care and don't have the power or desire to make such changes. In traffic court, you're guilty unless you can prove yourself innocent, and that's hard to do when a cop saw you do it.
Negotiate ahead of time, be humble, ask for some courtesy and you'll be OK. Gearing up for a fight and bringing a lawyer will only make it last longer and will still cost you at least $150. What's your time worth?
Maybe it's a righteous fight, but it's just a traffic ticket. Be glad you didn't get caught in the web that is automated red light traffic enforcement.
Hope this helps.
#17
The Police are liars!...
Had a ticket, tried to fight it - did everything everybody says about checking the laser calibration, etc. Officer just lied and that was that.
Now I just hire an attorney and plea bargain for a no point offense. Which always works, it's just a matter of $$$.
Now I just hire an attorney and plea bargain for a no point offense. Which always works, it's just a matter of $$$.
#18
Don't fight it in court. Fight it by mail.
The statistic I've heard in the past is 80% of tickets fought by mail are not even responded to by the officer.
Fight by mail may also allows for a 'trial de novo' (new trial) if you don't like the outcome.
If you lose by mail, you tell them you want a new trial and THEN show up in court.
If it's a local ticket, they may not accept the 'contest by mail' method unless you have a good excuse - leaving on a long vacation, business, moving, etc., just FYI.
ALSO, in most states, many people aren't aware of this, but if the light was yellow at the time you ENTERED the intersection (broke the plane of the crosswalk, etc), you can't get a ticket for running a red light. That is probably your best argument.
I.E. By mail: "I was in the intersection waiting to turn left, waited for oncoming cars to stop/clear the intersection, and then completed my turn. Although the light was not red when I entered the intersection, I had to wait for oncoming traffic to clear before I could safely complete my turn. I did not violate any laws in the process."
Good Luck!
Fight by mail may also allows for a 'trial de novo' (new trial) if you don't like the outcome.
If you lose by mail, you tell them you want a new trial and THEN show up in court.
If it's a local ticket, they may not accept the 'contest by mail' method unless you have a good excuse - leaving on a long vacation, business, moving, etc., just FYI.
ALSO, in most states, many people aren't aware of this, but if the light was yellow at the time you ENTERED the intersection (broke the plane of the crosswalk, etc), you can't get a ticket for running a red light. That is probably your best argument.
I.E. By mail: "I was in the intersection waiting to turn left, waited for oncoming cars to stop/clear the intersection, and then completed my turn. Although the light was not red when I entered the intersection, I had to wait for oncoming traffic to clear before I could safely complete my turn. I did not violate any laws in the process."
Good Luck!
#19
In many states it is not 'running a red' if the light is yellow when you enter the intersection.
I have asked this question in a CA court after watching someone else's 'red light camera' ticket proceeding.
The absolute rule is 'if it is yellow when you enter, it's not a red light violation'.
States vary, but that's how many of them work.
The absolute rule is 'if it is yellow when you enter, it's not a red light violation'.
States vary, but that's how many of them work.