Would you fight this in court?
This is a discussion on Would you fight this in court? within the Off Topic & Humor Discussion forums, part of the The Back Porch category; I was pulled over today for suposedly runnning a red light,so heres how it went. I was sitting at a red light and up behind ...
March 17th, 2007 03:10 PM
Would you fight this in court?
I was pulled over today for suposedly runnning a red light,so heres how it went. I was sitting at a red light and up behind me comes a local police car marked and all. So the light turns green I take my foot off the break and give it gas and get going,all of a sudden the cop hits his lights and pulls me over. Nows heres where its gets interesting he come up in a real smart ass tone and says "sir why did you run that red light back there?" I replied very politely that it was green and he had a clear view of the light as well and knew this. I was dumb founded to begin with because I did nothing wrong to get pulled over. Should I file a complaint about this officer? I really feel like my rights where violated today guys
This cop was very rude and had a real bad attitude about the whole thing he even went as far as to say and I quote "well we'll see who the judge believes me or you". Now guys I'am not cops bashing here but this guy was way out of line he even hinted at him meeting his mark for tickets. Now I've had tickets in the paast and I'll admit I deserved them but this was not one of those times how can this possibly happen to someone who was breaking no traffic laws? I can't understand this as I went out of my way to be respectful to this officer as I was ccw'ing and don't want a bad picture of gun owners who carry painted. Has anyone here fought a traffic traffic ticket and won? I have cop friends(not in this town though) who tell me that most of the time the cops don't show up in court for these things is this true?
March 17th, 2007 03:15 PM
If you honestly don't believe you deserved the ticket then by all means fight it . LE has bad days too and this may well explain the " Tude " he expressed. I am sure he believes you did pull through a red light as much as you are sure you didnt . Take it to court and let the judge do his job . be sure and subpoena the dash cam vid if his car is so equipped tho . It may well show you are in the right , and if its erased ect.. then its a point for your side since they can not provide possibly exculpatory evidence .
Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
We only begin to understand folks after we stop and think .
Criminals are looking for victims, not opponents.
March 17th, 2007 03:33 PM
As said if you think you were wronged fight it
March 17th, 2007 04:06 PM
Fight it. As RR said, if they use a dash cam it should be open & shut.
"In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson
Nemo Me Impune Lacesset
March 17th, 2007 04:17 PM
I agree, fight it. Everyone is innocent until proven guilty in our court system. It will be the officer's job to reasonably prove that you were guilty.
March 17th, 2007 05:42 PM
Ok guys so lets say the car had a dash cam and it was erased then the officer has no proof the red light was run(which I diddn't do) but does it come down to my word against his,and if so will my previous tickets hurt me? Whats the worst that can happen in the state of florida if I fight a traffic ticket and lose?
March 17th, 2007 06:49 PM
Fight it - because its the right thing to do; if not, then do it for the insurance (it will go up when they find out you were ticketed).
Consider retaining an attorney well versed in traffic laws. Also, get the audio tapes too.
I've gone to court for this matter with an attorney and pro se. If you present your case in a manner that the judge believes you are saying the truth, then you are good to go. As far as the officer oversteping his authority, you might want to file an admin complaint on his Dept, however talk to the attorney about suing his employer and the officer on a personal capacity.
March 17th, 2007 07:40 PM
I'd go ahead and fight it as well.
March 17th, 2007 07:43 PM
If I was innocent of the charge I would fight it. I think the judge might go your way when you tell him the circumstances. I've never heard of getting a ticket for pulling out on a green light. This cop is human and might of been having a bad. Maybe he will realize his mistake and not show up.
March 17th, 2007 07:50 PM
Sorry to hear that. I'd say hop in an fight it. That's why the court time is there.
The only thing that stops bad guys with guns is good guys with guns. SgtD
March 17th, 2007 07:53 PM
I would request a trial unless the fine costs less than the time off work. Or just on principle -- if you don't defend yourself then you have no chance for justice.
A similar thing happened to me a year or two ago. One night I was making a left turn in a high-traffic area and the light turned yellow as I entered the intersection. A patrol car showed up behind me 10 seconds later and the sergeant cited me for not obeying a traffic control device and not staying in the lane I had turned into long enough. Two violations on the ticket totaling almost $500. Apparently my city has unmarked areas (not road construction zones) which multiply the fines.
I went to court because I honestly believed the ticket was bogus. The case was dismissed in about two seconds when the judge called our names and the sergeant wasn't in the court room. I guess he only intended the ticket to be a creative form of a warning.
Did you perhaps do anything 'iffy' a minute or two before stopping at the light? I believe the ticket I received was precipitated by me rolling through a right turn on a red light about a mile behind the intersection I was cited at. The sergeant must've seen it and made a u-turn to catch up with me.
March 17th, 2007 08:59 PM
i would most definitely fight it. i've had to twice in 3 years, and won. once was for an expired inspection, and once was for going thru a stop sign. in the first case. i was driving home from a club @ about 2 am. i passed a patrol car who was perpendicular to me on the right. he pulled me over, went thru the usual routine, then told me he was citing me for an expired inspection.
now, while he was right about my sticker, i questioned him as to why he pulled me over in the first place. "for your sticker," he replied.
"yeah, but how did you see it?" i asked.
"when you passed me."
"but you were on my right. the sticker's on the far left of the windshield. you couldn't have seen it, sir."
"well, i saw it."
"in the dark, at 2 in the morning?"
"here's your ticket. if you want to plead not guilty, the address for the courthouse is on the back. have a nice evening, kid."
a month later, i was in court to fight it. the justice was pretty irate at the patrolman for his attitude (the dashcam vid was put into evidence) and for "unprofessionalism." my case was dismissed.
the second incident was kind of funny. i was driving home from work around 11 pm, with a buddy next to me. i stopped at a 4 way, then continued on my way. we both heard a loud whistle and a "hey, yo!" we looked back, and saw foot patrolman waving his arms over his head, running after us. i hinestly thought there was some trouble, that he mioght need some help, so i pulled over in a hurry. he ran up to my side, huffing and puffing.
"hey, thanks, i appreciate you guys stopping."
"sure, officer. you alright?"
"yeah, yeah, i'm good. you know i pulled you over?"
"not really. do need help or something?"
"you drove through a stop sign."
me and my friend looked at each other, then chuckled. we both thought the officer was in trouble, and we both knew i stopped at eh stop sign.
"are you serious? i'm pretty sure i stopped, sir."
"well, i wouldn't have stopped you if i didn't think you broke the law."
the officer was completely professional, and very friendly throughout the whole ordeal. when he was done taking my info and giving me my ticket, we chatted for a few more minutes. he once again thanked me for stopping, then sent me on my way. a month later, i went to court for it. he never bothered showing up, so i paid nothing.
i'm still pretty sure i stopped at the 4 way.
either way, go to court. just showing up says you believe you're right. 50/50 chance the LEO won't even appear.
March 17th, 2007 09:52 PM
Take it to court. If his car had video, it will be used as evidence.
The early-bird gets the worm, but the second mouse gets the cheese.
March 18th, 2007 04:31 AM
I have had a few tickets and fought everyone, I got one for doing 85 in a 75 zone, passing a truck that was swerving with the wind, I just wanted to get out of his way, so I gave it some gas passed the truck and slowed back down to 75. The cop was coming the other direction and tagged me. So I went to court and saw the DA, he looked at the ticket and before I could say a word, he said "Faulty speedometer, $45 fine, won't go on your record." All I could say was OK sounds good. Never knew you could plea bargain a ticket.
USN 78-82/USAF 82-93 Medically Retired
Desert Shield/Desert Storm
DAV Life Member
NRA Life Member
March 18th, 2007 04:46 AM
Ahhh, the plea bargain. Thats the best way to get out of points.
Always ask for the violation to be amended to a nonmoving... you will be suprised how many will agree to this, just out of pure laziness.
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