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Do you think rental cars are a target for police?


Talvin DeMachio
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Hi guys. I just wanted to get some of your opinions about if you feel that rental cars are a target for police ticketing.

 

When I was in Atlanta just a few weeks ago I was ticketed for going through a red light. Now mind you when I rolled down my window the police office immediately asked for my rental agreement so he knew immediately that I was driving a rental. I told the office and what I am telling you all is the truth also that when I went through the intersection the light had just turned YELLOW. There was no way in hell that I could have stopped in time. The speed limit was 30 which I was going. He said the light was red even before I entered the intersection which I know is not true. When I crossed into the intersection it had JUST turned yellow. I told him this. He grinned at me and told me that if I wanted to fight it I could come to court. He knows that I am from out of state and there is no way I could show up for the court appearance.

 

I have been thinking about hiring a traffic lawyer. That is how strongly I feel about this. It really pisses me off because I know that I am right in this situation and I am being taken advantage of because the office knows that I am from out of state and there is not way I can show up.

 

Personally money is not the issue here. What is the issue is how I feel like I am being taken advantage of because I am from out of state and he knows he can get away with this.

 

What do you think? What should I do? The traffic court date is Feb 19th. Should I fight it? Hire a traffic lawyer? Or should I just let this guy get away with fucking me over? This really totally sucks. What would you do? I am really interested in knowing.

 

Talvin

http://www.talvindemachio.com

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Guest Thunderbuns

WAS HE CUTE?

 

He grinned at me and told me that if I

>wanted to fight it I could come to court.

 

Most important question - WAS HE CUTE?

 

Or should I just let this guy get away with fucking

>me over?

 

If the answer to the above question is YES, then I'd let him fuck me (over - and any other way he wanted to)

 

This really totally sucks. What would you do? I

>am really interested in knowing.

 

You could always write a letter to the Mayor, with a c.c. to the Chamber of Commerce, Convention & Visitors Bureau, The Chief of Police, outlining the story, mentioning the cop's name, asking for the ticket to be cancelled, and telling them how detrimental you feel their ticketing policy is as it relates to the P.R. of the city. There's a good chance that someone would pay attention and reply.

 

Thunderbuns

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Guest Esc_Tracker

In principle, you should always contest a traffic citation when you think you are innocent. The odds are that if you do, the policeman will have better things to do on the day in question than show up in court. Check with a lawyer in that state. You may not have to appear in person to contest the ticket and might be able to get away with having an affidavit presented our your behalf by a lawyer. If the judge rules in your favour, in some jurisdictions you may be able to recover most of your court costs.

 

One word of warning, though. Do not under any circumstances accuse the officer concerned of corruption or ill will. Simply state that he was mistaken for reasons unknown to you. Pointing that it was a rental car and your difficulties in defending yourself from out of state is fair game, however. Judges are not idiots, and can put two and two together on their own. They see this sort of trick pulled all the time.

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Guest JON1265

A friend of mine had this happen to her just before X-mas and I was a passenger. She fought it and as a matter of fact went to court today to settle it. She was not worried about the fine but the points on her license as it is considered a moving violation. I assume this could be the same case?

 

I also find that judges tend to believe cops over citizens. I don't know why that is....it is basically someone's word over another to me. You need proof for many other things but apparently not this.

 

How did the cop know it was a rental car? I thought that was illegal now for any signs of it being a rental anywhere on the car, due to some car jackings in the south a few years back.

 

I would find out if there will be any points posted on your license first....if so - then I would fith it - if not, it might not be worth the hassle.

 

Keep us posted.

 

P.S. Did you offer him a free blowjob?? :) Hey, it worked for some women I know.

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>How did the cop know it was a rental car? I thought that was

>illegal now for any signs of it being a rental anywhere on

>the car, due to some car jackings in the south a few years

>back.

 

He just had to enter the plate number into his console and the Rental company would come up. :-)

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I live in Atlanta and this is news to me. On the other hand, the only for competition for incompetence here seems to be indifference and screwing the other guy. Or talking about how much friendlier people are than up North.

 

Rental cars tend to be the cars no one else buys---odd colors, unpopular makes. With those particulars, it's easy for someone to spot a ripe prospect. Then looking up the tag to be sure. One question (two parts)---was the cop white and were you outside the City of Atlanta? My first speeding ticket was in Northern Virginia. I was was doing about the same speed as everyone else---over the speed limit, of course, but I had DC tags. The trooper was a walking redneck stereotype. I figured he'd picked the DC tags, because there was a good chance I was Black. I'm not and I think he heard me call him a "fucking asshole" over the din of the traffic when he was getting into his patrol car.

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In certain states rental cars have special plates or always have the specific series that they use. Also, in many states rental cars have tags either on the window or on the plate. Most likely this is how the officer knew you were driving a rental vehicle.

 

You do not need to waste money on a lawyer to contest the ticket. Most states will allow you to post bail and plead not guilty by mail. When doing so ask for a long court date. The further out the court date is the better the chance the officer will not remember the encounter.

 

Once you receive your court date you must attend. If the officer does not show up in almost every state the case will be dismissed. If the officer does show then you have several options.

 

Make your case in front of the court. Do not be rude and never say anything negative about the officer or profiling. State something like I'm sure officer dick felt he was correct however your honor what I specifically recall happening...

 

If you are still found guilty then ask for traffic school instead of the fine. It protects your driving record and you can usually attend a traffic school online now.

 

With the above in mind think about your attitude and conversation with the officer when he cited you. Were you arrogant or rude? Did you argue or act obnoxious?

 

The reason for the above questions is the way the officer "keeps track" of citations. On their copy they make notes of your conversation. (Guys, listen up if you are speeding, get stopped and the cop says hey you were going 90mph and you think if you partially acknowledge this by saying, I am sorry officer I though I was maybe going a little fast except I felt possibly 80mph - and the speed limit is 55- you just acknowledge YOUR GUILT! It's the only situation I know of in the US that you can be question and what you say will be used in a court of law without being given the Miranda warning). Anyway, if the cop wrote on his ticket that you were rude or whatever, chances are he WILL show. If he wrote something like you were cooperative, he won't bother showing if the court date conflicts with some other situation.

 

Good luck!

 

Cheers! Ritchie

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Well, laws vary a great deal from state to state. Advice you're getting from out of state may not be too helpful. I can tell you that in California, court dates are scheduled when the cop isn't working, and he gets paid time and a half for a minimum of four hours, so the cop almost always shows up. Also, in California at least, a judge will rarely let you take traffic school if you assert your right to a trial. The purpose of traffic school is to save the state some money, so that you DON'T go to trial (this is very expensive for the state, since they must pay not only the legal staff, but the cop as well). If traffic school weren't offered, the city/county would lose money on the tickets instead of making money on them. In addition, going to a Georgia traffic school would be prohibitively expensive (they wouldn't accept a Virginia school).

But are you sure Georgia tickets go on a Virginia driving record? Virginia and California are members of the "Driver's License Compact," but Georgia isn't. Unless there's a separate agreement between Virginia and Georgia of which I'm not aware, I don't think your Georgia ticket will go on a Virginia record. You could just pay the bail, demand a court date, then not show up. That way they'd have to pay the cop, and at least they wouldn't be profitting off of you.

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>Well, laws vary a great deal from state to state. Advice

>you're getting from out of state may not be too helpful. I

>can tell you that in California, court dates are scheduled

>when the cop isn't working, and he gets paid time and a half

>for a minimum of four hours, so the cop almost always shows

>up. Also, in California at least, a judge will rarely let

>you take traffic school if you assert your right to a trial.

> The purpose of traffic school is to save the state some

>money, so that you DON'T go to trial (this is very expensive

>for the state, since they must pay not only the legal staff,

>but the cop as well).

 

Unicorn I am not a resident of California yet I do have what some might call advanced knowledge of your traffic courts. I find what you have said to be well meaning though not fully correct. A officer will only be paid OT if he has to appear on his day off. At the bottom of your citation in California there is a space for the officer to fill in his shift. Many do not.

 

In California when you plead not guilty the officer receives an order to appear in court from the DA's office. This is really little more than a formaility. The officer appears or doesn't appear based on several levels. The citation, staffing, and his own feelings. The officer's track record on appearing at court is kept and used during evaluations, promotions and the like. An officer who does not appear in court as ordered, fills out a quick form why he was unable to do so. The officer prefers this route over a boring 2 hours hanging around the courts.

 

In California you will find that city officers appear just 70% of the time while CHP officers appear only 50% of the time.

 

If you really want to fuck with a CHP officer or city officer in California, prior to the ticket being written request that it be assigned to the County seat. This makes it less likely that the officer will appear as the CS is usually no where close to his beat.

 

The one thing that will get an officer in court no matter what is as I mentioned in my earlier post - be very argumentive or rude. They will not forget you :-)

 

I agree that in California the court officers try to bully you into accepting traffic school instead of appearing in court. They even do it prior to the actual hearing. However, legally, if you are found guilty and request traffic school the judge pretty much has to honor your request unless you have given him reason not to - naturally this includes the reason for the citation as well. If you are going 70mph in a school zone don't expect any courtesy from the court.

 

Can you imagine what our legal system would be like if EVERYONE pleased not guilty to their citations and requested a short court date - I can :-)

 

Cheers! Ritchie

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Guest RockvilleGuy

RE: cop

 

Talvin..... As much as it pisses you off, I would go ahead and pay the ticket (were there any points) and move on. Look at it this way: The cop is an asshole and he wins regardless of the 3 options you choose.

 

#1. If you pay the ticket, he wins.

 

#2. If you appear in court to fight it and have to take off work to do it, he wins.

 

#3. If you hire a lawyer to represent you, he wins.

 

just my 2-cents worth. Besides, the less time you are in atlanta means the more time your here in town and your availiabilty becomes better.;-)

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RE: cop

 

Well I found out some interesting things about the city of Atlanta. I have to show up to court if I want to contest the ticket. If I don't the fine will double and I will be given 6 points on my driving record plus my insurance will go up ect.

 

I was actually polite to the police officer and I told him he was in error that the light was not red when I went through the intersection (at least on my side of the street). Of course on his side the light might have turned red.

 

You can contest a NO LO in Atlanta which a person can do once every 5 years. You pay the fine but no points will be given to the driver. However, you must be present in court. A lawyer cannot represent you.

 

I personally do not care about the $$ factor of the fine. It's just the fact that I know that on my side of the road the light had jus turned yellow when I passed through the intersection. :(

 

Oh well. I guess this is a lose lose situation.

 

Thanks for all of your help ;)

 

Talvin

 

Talvin

http://www.talvindemachio.com

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>

>In California you will find that city officers appear just

>70% of the time while CHP officers appear only 50% of the

>time.

 

That's good to hear, if it's true. What's your source for this information? I used to know a CHP officer actually (well, to put it bluntly, I fucked him). He told me that officers have every incentive to go to court not only because of the extra easy pay, but also because they're required by law to do so, and get grilled by their superiors if they make a habit of not showing up. I'm not doubting what you're saying, but I'd like to know where that information came from.

 

>If you really want to fuck with a CHP officer or city

>officer in California, prior to the ticket being written

>request that it be assigned to the County seat. This makes

>it less likely that the officer will appear as the CS is

>usually no where close to his beat.

>

 

Of course, this matters a great deal how big the county is (SF Bay Area counties are much smaller). I once used this tactic when I was cited for going 70 mph on I-5 between LA and SF, back in the crazy days when the speed limit was 55 (it's now 70). They actually followed me in an airplane and radioed a ground unit to make the arrest. This happened in Avenal, in southwestern Fresno county, which is indeed quite far (over 50 miles) from the county seat in Fresno. I knew I had won while I was waiting for the judge to come in: there were several officers in blue (Fresno PD), but only one in khaki (CHP). After the usual chit-chat the judge said "I'd like to, if I may, take the docket out of order and begin with the CHP aircraft case. Is the arresting officer present?" The answer was no, since only the issuing officer on the ground was present. He then asked "Officer X, were you able to make an independent evaluation of the defendant's speed?" The answer to that was no as well. At that point, the case was dismissed.

I have also gone to court two other times (the officer was there both times, I won one time). Each of those times, the judge or court officer announced that traffic school would not be offered to those who chose to contest their citations. If the traffic school option is a legal right, I'd like to know where that information comes from as well, as I would contest more tickets! }>

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>>

>>In California you will find that city officers appear just

>>70% of the time while CHP officers appear only 50% of the

>>time.

>

>That's good to hear, if it's true. What's your source for

>this information?

 

My baby bro is a CHP. The stats come from one of his training manuals. I should have noted that the book was published in 1994, no intentional confusion meant.

 

Cheers! Ritchie

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>

> I used to know a CHP officer actually

>(well, to put it bluntly, I fucked him).

 

Unicorn I just caught this line, I hope it wasn't my brother :7

 

Cheers! Ritchie

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RE: cop

 

I don't remember where I saw this, but wasn't Atlanta the city that contracted out to some firm to install cameras in their traffic lights? IIRC, they sharply increased the fine for light-running and gave the company a piece of the action.

With this financial incentive, the company subsequently re-timed the lights, shortening the yellow to a point where it was physically impossible to get to the other side before red if the light turned yellow after you entered the intersection. Since you're ticketed if the light turns red at any point while you are in the intersection, this basically amounted to entrapment and a number of tickets got thrown out. I'm not sure if the firm was required to pay anything or not, since the city was "in on it" too.

 

I'm not from Atlanta, but I did live in a town where yellow lasted about 1 second, making crossing the street a nightmare. The pedestrians were the ones who complained to the point where the town finally reset the timers.

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One additional thought to all the others. The judge will almost always let you extend the court date since you are out of town and sometimes more than once. If you do this a couple of times at the last minute, the officer may not get the notice and will show up. A couple of time of this and he may not show up the third time. If you schedule the third time for an otherwise necessary trip to Atlanta you might be able to show up and he may not. This doesn't always work, but it has more than once for me.

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