My Day In Traffic Court

[+ Lucky]

Last October I got pulled over by a cop in an unmarked car. He wrote me up for a bad turn and an unsafe lane change. I had had the nerve to go around him when he appeared to be waiting to go straight even though he was in a right turn only lane. When he came up to my car he said "I'll bet you were surprised to see a cop get out of that car!" And, in fact, he had been driving an old beat up car.

 

So, after you get a ticket here, if you want to fight it, you first have to pay the fines. Then you write out a statement and file it with the court, telling your side of the story. It's called a "Trial by Declaration." The officer also writes out a statement, and some unknown person reads them and makes a finding. In my case, I was found guilty of an unsafe lane change and not guilty of an unsafe turn. If the ticketed person, alright, the "defendant" is unsatisfied with the findings, he can ask for a trial de novo, which is what is basically a trial in front of a judge and both sides have to testify. of course, the "defendant" does not have to, but he ain't gonna win if he doesn't.

 

The courts typically rule in favor of the police officer, but often they don't show up. In that event you win, or, if the court wants to be mean, they continue the case and make you come back. Good thing I don't have to take off of work.

 

Anyway, my trial de novo is tomorrow. So today I went to the courthouse and got a copy of the officer's statement, and boy, was I surprised. He has himself slamming on his brakes to avoid me, has me turning when he did instead of before he did, says I didn't signal when it was him that did not signal. and then he actually quotes me as saying that I didn't stop for him because I didn't know he was a cop. I never said anything to him, just gave him my license and registration. So, I find myself facing a cop willing to lie to win his case.

 

Does anyone think I am going to win? I do. I refuse to believe that justice will not prevail. Stay tuned!

[josephga]

I went to traffic court once hated it. myself and 6 others were accused of passing a school bus as it unloaded children in a turn in lane at an apartment complex. Myself and the others claimed no such school bus was there. after all how can you miss seeing a school bus if it was really there? When I got to court I ended up having to take a deal. plead no contest pay 250.00 no points on drivers license. Or plead not guilty risk being found guilty, pay 250.00 and enough points on a drivers license to double my insurance premium. I ended up having to take a deal on something I knew was a lie..

[Lookin]

Does anyone think I am going to win? I do. I refuse to believe that justice will not prevail. Stay tuned!

I admire your faith in the system and your abiding optimism. http://www.maleescortreview.com/forum/public/style_emoticons/default/thumbsup.png I also don't doubt for a minute your ability to present a detailed and compelling account of what really happened that fateful day when you scooted around a sluggish peace officer. http://www.expeditionportal.com/forum/images/smilies/smiley_drive.gif

 

However, as I see it, in order for you to get off scot-free, the judge would not only have to accept your version of the events but would also have to declare in open court that an officer of the law told at least four lies under oath. Therefore, I'm a bit less sanguine than you that you will skate. Unless, of course, the cop doesn't show.

 

I bet on that happening the one time I showed up in court to contest a traffic ticket. Every cop in the small community in which my alleged offense occured was there with bells on. Turns out the bulk of the town's revenue came from snaring motorists passing through. It was a ticket factory and the outcome was determined long before I hauled myself in front of hizzoner.

 

http://www.thevaporrevolution.com/wp-content/uploads/2011/10/da-Judge.png

 

Your experience, on the other hand, sounds like it may be a one-off. I hope to tune in tomorrow to find that you remain the lucky one. http://www.maleescortreview.com/forum/public/style_emoticons/default/rolleyes.gif

[maxwellissmart]

I admire your faith in the system and your abiding optimism. http://www.maleescortreview.com/forum/public/style_emoticons/default/thumbsup.png I also don't doubt for a minute your ability to present a detailed and compelling account of what really happened that fateful day when you scooted around a sluggish peace officer. http://www.expeditionportal.com/forum/images/smilies/smiley_drive.gif

 

However, as I see it, in order for you to get off scot-free, the judge would not only have to accept your version of the events but would also have to declare in open court that an officer of the law told at least four lies under oath. Therefore, I'm a bit less sanguine than you that you will skate. Unless, of course, the cop doesn't show.

 

I bet on that happening the one time I showed up in court to contest a traffic ticket. Every cop in the small community in which my alleged offense occured was there with bells on. Turns out the bulk of the town's revenue came from snaring motorists passing through. It was a ticket factory and the outcome was determined long before I hauled myself in front of hizzoner.

 

http://www.thevaporrevolution.com/wp-content/uploads/2011/10/da-Judge.png

 

Your experience, on the other hand, sounds like it may be a one-off. I hope to tune in tomorrow to find that you remain the lucky one. http://www.maleescortreview.com/forum/public/style_emoticons/default/rolleyes.gif

 

We all know that tickets are not meant to enforce the law as much as they are to make money. It's a scam—period. That said, you could have caused an accident because you don't know what the other driver was thinking. He might suddenly have realized: "oh shit, I'm in a turn-only lane" and surged forward. Did you not try to honk at him to get him to move forward? I would have laid on the horn, personally.

[+ Lucky]

We all know that tickets are not meant to enforce the law as much as they are to make money. It's a scam—period. That said, you could have caused an accident because you don't know what the other driver was thinking. He might suddenly have realized: "oh shit, I'm in a turn-only lane" and surged forward. Did you not try to honk at him to get him to move forward? I would have laid on the horn, personally.

 

No, there were two right turn only lanes. So, after checking my mirror and properly signaling, I simply moved into the other right turn lane. Now that I have time to think of what the officer wrote, I wonder if he had read my statement before he wrote his, and then wrote his to avoid what I had written. The ticket says the 'offenses" occurred on one street, but his statement says they occurred on another. That alone should get the ticket dismissed, but since revenue is at hand, it might not. But, speaking of revenue, the undercover cop had to call a uniformed cop to write the ticket. They both had to write out statements, and both are subpoenaed to court tomorrow. Add in the various clerks and the judge and bailiff, along with the overhead for the courtroom, and they seem to be spending a lot on this case.

[maxwellissmart]

I'm not sure why you got a ticket at all then.

[KMEM]

Lucky-

 

Didn't you have almost the same thing happen about a year or so ago? I remember wondering about the lane change, etc. which if warranted a ticket hereabouts the courts would be flooded with such cases. However, I don't understand why anyone thinks cops don't lie about traffic violations and most everything else they might write tickets about? I know they do and at any and every opportunity. Sorry to so this is true but it is. I once hired an attorney about such a matter and the first thing we agreed upon was that "cops lie" and we went from there. I "finally" got a chance to go to "school" to avoid the incident on my record. There was no incident but I took this way "out".

 

Best regards and good luck,

KMEM

[+ azdr0710]

good chance one or both of them will not show up tomorrow.....

[+ Lucky]

This happened last October, but is just coming to court now. Otherwise I have a darn good driving record.

 

As for the cop showing up, he is now a detective and can probably assign himself to court any time he wants. We'll see.

A friend was in traffic court in another city once and they told everyone that they had one last chance to plead guilty and get a "deal."

If they did not take it, no more deals would be offered. Several people took the "deal" and left the courtroom.

Once they had all gone, the same clerk stood up and announced that everyone else could go home.

Their case was dismissed due to the failure of the officer to show up in court.

Those who took the "deal" turned out to be fools.

[MsGuy]

Back in the day in Jackson, Ms., Municipal Court, they used to announce, "Anyone who wants to plead guilty move to the front of the court chamber; we'll take care of those cases first. Everyone who wants to contest should move to the rear and wait for a trial date to be set on your case." Seeing scores of folks crowd to the front of the line and contemplating a wait of 2 or 3 hours on a hard bench just to get a date to come back to court and wait another 3 hours for the trials to start worked wonders in clearing the Municipal docket. LOL, and unless you were represented by paid private counsel, no cases got dismissed just because a cop forgot to show up for the trial.

 

At least in Jackson, the wheels of justice ground exceedingly slowly for the knotty headed malcontents who insisted on trials.

 

PS LOL, Lucky are you seriously trying to convince me you have no experience with officers "adjusting" their testimony a mite?

 

http://www.blog.flicks.co.nz/wp-content/uploads/BeverlyHillsCop-e1308133138376.jpg

 

As Axel Foley said, "Why waste a perfectly good lie?"

[leigh.bess.toad]

Well I did have one ticket dismissed for driving too fast for conditions. I was going half the posted speed during a snow storm but slid on a curve and caused an accident. Totaled my new, less than 30 day old car. Did a lot of damage to the other car. A police cruiser. Yup, I hit a cop. And guess what? On the trial date, he didn't show and it got dismissed. Maybe if you'd hit his car you might increase your chances of him not showing up?

[+ Lucky]

hehe, I might have bruised his ego, but I didn't hit his car. The trouble with this is that I keep re-reading his statement and wondering why and how he could say these things.

There are so many questions begging to be answered by what he doesn't say and the implications of what he does say. I will probably prepare my cross-exam all night long, then fall asleep in court!

One thing I am pretty sure of, and that is that he never expected to be cross-examined when he wrote his report.

Even if he doesn't show up, I will still have spent the time it takes to get ready for court. I doubt he is going to lie awake wondering what to ask me.

[maxwellissmart]

This happened last October, but is just coming to court now. Otherwise I have a darn good driving record.

 

As for the cop showing up, he is now a detective and can probably assign himself to court any time he wants. We'll see.

A friend was in traffic court in another city once and they told everyone that they had one last chance to plead guilty and get a "deal."

If they did not take it, no more deals would be offered. Several people took the "deal" and left the courtroom.

Once they had all gone, the same clerk stood up and announced that everyone else could go home.

Their case was dismissed due to the failure of the officer to show up in court.

Those who took the "deal" turned out to be fools.

 

One thing that worked for me was changing the court date for my appearance—I've always heard that it is a great way for creating headaches in the cop's scheduling. Also, both cops have to show in your case—yes?

[+ Lucky]

No, the citing cop does not really need to be there. Except perhaps to explain why he wrote that the events happened on a different street than the other officer says they happened on.

Or perhaps to explain why he wrote the citation without even giving me the courtesy of telling my side of events!

[orbital sander]

Well, I hope you prevail. As much as I want to feel that our police officers are honest upstanding guardians of society, there seems to be a heavy trend of dishonesty to protect themselves first. I am sure there are good guys and gals out there, but many people in government will cover each other before being honest or doing the right thing.

 

Good Luck!!

[+ Lucky]

Well, thanks. I'll let you all know what happens.

[+ purplekow]

i have appeared in traffic court when a pedestrian said I struck him with my car and knocked him to the ground breaking his $2300 camera. The $2300 camera was not mentioned until the trial. The pedestrian agreed to drop the charges if I paid for his camera. My lawyer, then asked the judge to predicate the agreement on his providing proof of the camera's purchase or to have the pedestrian bring the camera to the court.

 

Long and short of it, never heard about the case again. Legal fees $1500 Oh, forgot to mention, he showed up in court with a friend, who supposedly witnessed the accident, though the police did not get any information about him at the time of the accident.

 

By the by, i did honk at the pedestrian who was standing in the middle of the traffic lane in a parking lot, talking on his cell phone. I never came any closer than 10 feet from the guy. But he did chase after me after I passed him and two days later the police appeared at my door. Seems he wrote down my license plate number and called the police from the parking lot. I can only assume, he was blocking some other poor fool while he was making that call. All and all, I think it was a scam or he was annoyed at the honk. Drop the case, give me $2300

 

in your case, i would take the deal. People lie. That is the crux of the issue. And a He said Cop said almost always will go to the cop. Real question is the cost of losing worth it. Will the cost of winning be worth it. By the way, don't be surprised if your judge limits your Perry Mason like interrogation of the cop on the witness stand to only one or two questions.

[justaguy]

My only experience is traffic court would seem to indicate that it's all about the lawyers. I sat there and watched lawyer after lawyer have a chat with the prosecutor. Deals were made. I didn't have a lawyer. I got to pay the fine. Next time, if there is one, I'm hiring a lawyer.

[Luv2play]

Two things are not clear from Lucky's version of the events. When there are two right turning lanes, sometimes cars in the left-hand one or outer lane can also proceed staight as well. If they turn they should signal that as well as go into the second lane on the street they are turning into since that street will have at least four lanes of traffic in two directions. If Lucky turned in front of the cop but went into the first or inside lane then that would be cutting off the cop, even if he was stopped since he could start up at any time.

 

So two things. Did Lucky have his turn signal on to turn right after having it on to turn left to get around the cop? And did he turn into the second or outer lane after entering the cross street? Failure to do these two things would result in a justifiable citation.

[KMEM]

My, what a civilized world some of us seem to live in. Where I live drivers often either don't signal at all for any reason or, if they do, just leave the signal flashing (if it does not cancel) while merrily switching lanes left and right. Sometimes I think signaling just alerts other drivers of your intention and their intention is to block you from doing so. A silly game but I see it all the time.

 

Of course cops lie and do other things to CYA and various public officials help them to do so as well as covering their own asses. As mentioned previously, the judge likely will believe the cop.

 

Do I sound cynical? Just go to any traffic court, especially one in a larger city, and watch what happens.

 

However, around here there are so many scofflaws that if one merely shows up on a minor matter (rather than paying the fine by mail or totally disregarding the ticket) the prosecutor will at least listen before court to your tale of woe and may actually refuse to prosecute.

 

Best regards,

KMEM

[+ Lucky]

Two things are not clear from Lucky's version of the events. When there are two right turning lanes, sometimes cars in the left-hand one or outer lane can also proceed staight as well. If they turn they should signal that as well as go into the second lane on the street they are turning into since that street will have at least four lanes of traffic in two directions. If Lucky turned in front of the cop but went into the first or inside lane then that would be cutting off the cop, even if he was stopped since he could start up at any time.

 

So two things. Did Lucky have his turn signal on to turn right after having it on to turn left to get around the cop? And did he turn into the second or outer lane after entering the cross street? Failure to do these two things would result in a justifiable citation.

 

The left-hand right turn lane did not allow for anyone to go straight. Lucky did not cut off the cop, who turned after he did.

[gallahadesquire]

My, what a civilized world some of us seem to live in. Where I live drivers often either don't signal at all for any reason or, if they do, just leave the signal flashing (if it does not cancel) while merrily switching lanes left and right. Sometimes I think signaling just alerts other drivers of your intention and their intention is to block you from doing so. A silly game but I see it all the time.

 

Of course cops lie and do other things to CYA and various public officials help them to do so as well as covering their own asses. As mentioned previously, the judge likely will believe the cop.

 

Do I sound cynical? Just go to any traffic court, especially one in a larger city, and watch what happens.

 

However, around here there are so many scofflaws that if one merely shows up on a minor matter (rather than paying the fine by mail or totally disregarding the ticket) the prosecutor will at least listen before court to your tale of woe and may actually refuse to prosecute.

 

Best regards,

KMEM

 

As said on a radio station, WBZ [boston]:

 

"If you think using your turn signals is like giving National Secrets to the Enemy, you might be from Boston."

[KMEM]

LOL. We are on the same page.

 

Best regards,

KMEM

[+ Lucky]

VICTORY

 

Attorney and defendant Lucky today went to the courthouse to be heard on

the traffic case against Lucky. He and the bf dressed in coat and tie, and arrived one hour early so as to hear the judge on other cases and get a feel for how he runs his courtroom

 

When the time came for his case to be heard, Lucky stood up and took the seat of the defendant. 3 police officers, dressed in blue jeans and ratty polo shirts came up to sit on the side of the plaintiff. All witnesses were then sworn by the clerk of the court.

 

Once that was done, lawyer Lucky asked the court for a separation of witnesses, meaning that only the cop testifying at the time could be present in the courtroom. This is to prevent the other witnesses from hearing both his testimony and adjusting theirs to fit, but also to be unable to see where he was cross-examined and how that was handled.

 

The court then told the remaining police officer, the one who was behind the charges, to begin his testimony. He opened his mouth and said:

 

“Your honor, we wish to dismiss the charges in the interest of justice.”

 

The judge asked me if I would accept that or would prefer to go to trial. I accepted it. He then told the cop to go out and get the other cops and bring them back into the courtroom.

Instead, the cops took off. In the meantime, I asked the judge to make the dismissal “with prejudice,” meaning that no matter how much new evidence might be discovered, the cops could never bring charges stemming from that incident again.

 

While we were waiting for the cops to re-enter the courtroom, the judge asked if I was a lawyer, and I responded that I was. He said that he had kind of figured that out based on the way I had handled myself. He then invited me to apply to be a small claims court judge on a volunteer basis. I said that I would consider it. It would allow me get to know the judges, have that on my resume, and perhaps get appointed to the bench at some future date.

 

So, finally we left. The bf decided that we should celebrate at a Chinese restaurant, and so we did.

 

End of story.

[+ Charlie]

Bravo!!! Justice has indeed been served.