Anyone here has experience contesting/beating traffic ticket?
10-27-2012, 01:34 PM
#1
Super Member
Thread Starter
Anyone here has experience contesting/beating traffic ticket?
Hey Guys,
I received a ticket for infraction for not yielding to pedestrians on the cross walk in the mail today (i know this is the AMG forum and its my duty to get a speeding ticket! Shame on me!) Anyways, jokes apart, I was thinking of contesting this ticket since there are a couple of things that may have contributed. The scene where the 'crime' was committed is 2 blocks away from my house and is a daily route for me. The cop was on his bike stationed on the sidewalk in bare sight to catch his victim. As I approached the cross walk at around 10 mph, pedestrians started to cross the street from the left side (from the other side of the street). Its not common in my area for cops to station themselves monitoring the traffic so naturally all eyes were pinned on him. I looked to my left and saw the pedestrians who were about 20 feet away and then looked right and saw the cop and slowed down to about 5-6 mph but still rolled through the crosswalk. I know I should have stopped but had a lot of things on my mind plus the fact the cop was stationed there, so I had a brain freeze, rolled through the cross walk (the pedestrians were still on the other side of the road & my speed was negligible) Now of course, the cop switched on his lights and I pulled over. The worst thing I did was to say sorry instead of saying nothing at all. This was my first time being pulled over and the cop exaggerated things by saying how dangerous it was but it was not really dangerous considering the speed and the distance from the pedestrians.
I dont want to lengthen the story any longer but do you think I should contest the ticket or simply shut and pay the $290 fine? I know I should have stopped completely but my speed was very low and the pedestrians were still on the other side when i crossed over.
Thanks for reading the long boring story!
I received a ticket for infraction for not yielding to pedestrians on the cross walk in the mail today (i know this is the AMG forum and its my duty to get a speeding ticket! Shame on me!) Anyways, jokes apart, I was thinking of contesting this ticket since there are a couple of things that may have contributed. The scene where the 'crime' was committed is 2 blocks away from my house and is a daily route for me. The cop was on his bike stationed on the sidewalk in bare sight to catch his victim. As I approached the cross walk at around 10 mph, pedestrians started to cross the street from the left side (from the other side of the street). Its not common in my area for cops to station themselves monitoring the traffic so naturally all eyes were pinned on him. I looked to my left and saw the pedestrians who were about 20 feet away and then looked right and saw the cop and slowed down to about 5-6 mph but still rolled through the crosswalk. I know I should have stopped but had a lot of things on my mind plus the fact the cop was stationed there, so I had a brain freeze, rolled through the cross walk (the pedestrians were still on the other side of the road & my speed was negligible) Now of course, the cop switched on his lights and I pulled over. The worst thing I did was to say sorry instead of saying nothing at all. This was my first time being pulled over and the cop exaggerated things by saying how dangerous it was but it was not really dangerous considering the speed and the distance from the pedestrians.
I dont want to lengthen the story any longer but do you think I should contest the ticket or simply shut and pay the $290 fine? I know I should have stopped completely but my speed was very low and the pedestrians were still on the other side when i crossed over.
Thanks for reading the long boring story!
10-27-2012, 01:55 PM
#3
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It depends on the road. I'd have to visualize it. You're supposed to leave a full lane in between you and the pedestrian NOT including the lane you're in.
Example: if you're on a street that has 2 lanes in each direction and you are in the right-most lane turning right at an intersection with a similar 4 lane street, as soon as the pedestrian gets to the middle yellow line, you cannot go. If they're still walking on the other side of the street and haven't reached the halfway point, you should be fine.
Example: if you're on a street that has 2 lanes in each direction and you are in the right-most lane turning right at an intersection with a similar 4 lane street, as soon as the pedestrian gets to the middle yellow line, you cannot go. If they're still walking on the other side of the street and haven't reached the halfway point, you should be fine.
10-27-2012, 02:10 PM
#4
Senior Member
I don't know where you're from but you've admitted fault here so you know you were in the wrong. Almost all police officers have cameras (yes even bikes now) so if you fight it expect to watch the video with the judge. So only plead not guilty if you honestly feel you were not at fault but again it does not sound that way at all from your post.
My personal advice is go to court, tell the judge you were at fault and that you're willing to pay the full fine but that you'd like any points taken against your driver's license removed. Most judges will do this, like cops they are lied to all day every day so it's always nice when someone is completely honest. Secondly if you get the points against you removed it won't hurt your insurnace or if you get more tickets in the future. Finally the judge may be willing to lower the cost of the citation even though you didn't ask him/her to simply because you were open and honest with him/her.
If you want to know a way to lie and fight a valid citation then ask a lawyer.
My personal advice is go to court, tell the judge you were at fault and that you're willing to pay the full fine but that you'd like any points taken against your driver's license removed. Most judges will do this, like cops they are lied to all day every day so it's always nice when someone is completely honest. Secondly if you get the points against you removed it won't hurt your insurnace or if you get more tickets in the future. Finally the judge may be willing to lower the cost of the citation even though you didn't ask him/her to simply because you were open and honest with him/her.
If you want to know a way to lie and fight a valid citation then ask a lawyer.
10-27-2012, 02:24 PM
#5
Read your state's regulations governing crosswalks, then file a Trial by Declaration if your state allows it. ALWAYS file a TBD. I'm 2 for 2 in my TBD's (CA) including one for failure to come to a complete stop at a stop sign. Everyone's circumstances are unique so think carefully about those gray areas and give it a shot.
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10-27-2012, 03:40 PM
#8
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2012 C63 Sedan, P31, Magnetite Black
It takes a lot of reading and studying, and obviously luck. Any pictures or diagrams you have also help. Wear a suit, be polite, ask the officer lots of questions. Ya it sounds corny but I have gotten off and so has a friend but for speeding & lane change, not a crosswalk charge. Chances are the officer won't remember as much as you do but what he says will carry a lot more weight than what you say.
Although as was already said if you really want off get a lawyer.
Although as was already said if you really want off get a lawyer.
10-27-2012, 07:13 PM
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W203 slightly modified
You have a respectable driving record perhaps and you could say that in the moment of trying to decide what the pedestrians were doing and what the policeman was doing you ran out of time to decide what to do and casually rolled over the intersection. By which time you realised you made a mistake but under normal circumstances would never do such a thing.
You got distracted momentarily by the policeman and made a silly mistake.
Plead guilty with an explanation and explain your driving habits and how much power your car has. That if you really intended to do something irresponsible the policeman would never have been able to catch you. You drive the worlds most powerful production car with racing brakes and super wide tyres.
It was just a brain malfunction. It was a long day and you had a severe headache from your bad pillow. Under normal circumstances you would never do such a thing.
You got distracted momentarily by the policeman and made a silly mistake.
Plead guilty with an explanation and explain your driving habits and how much power your car has. That if you really intended to do something irresponsible the policeman would never have been able to catch you. You drive the worlds most powerful production car with racing brakes and super wide tyres.
It was just a brain malfunction. It was a long day and you had a severe headache from your bad pillow. Under normal circumstances you would never do such a thing.
Last edited by benzmodz; 10-27-2012 at 07:15 PM.
10-27-2012, 08:44 PM
#10
Super Member
Thread Starter
Thanks for ur replies, everyone! 
The cop had mentioned that the record will be erased from my history if i pay fine + school! so thats one option to keep my record clean.
You summed it up perfectly! Thats exactly what happened and what i wanted to say...sounds very weird and stupid too, but I feel that it wouldn't have happened if the cop wouldn't have stationed himself at that spot. Not trying to blame the cop, but i take that route twice everyday and have never seen a cop parked perpendicular to the street in such a weird manner.
The cop had mentioned that the record will be erased from my history if i pay fine + school! so thats one option to keep my record clean.
You have a respectable driving record perhaps and you could say that in the moment of trying to decide what the pedestrians were doing and what the policeman was doing you ran out of time to decide what to do and casually rolled over the intersection. By which time you realised you made a mistake but under normal circumstances would never do such a thing.
You got distracted momentarily by the policeman and made a silly mistake.
Plead guilty with an explanation and explain your driving habits and how much power your car has. That if you really intended to do something irresponsible the policeman would never have been able to catch you. You drive the worlds most powerful production car with racing brakes and super wide tyres.
It was just a brain malfunction. It was a long day and you had a severe headache from your bad pillow. Under normal circumstances you would never do such a thing.
You got distracted momentarily by the policeman and made a silly mistake.
Plead guilty with an explanation and explain your driving habits and how much power your car has. That if you really intended to do something irresponsible the policeman would never have been able to catch you. You drive the worlds most powerful production car with racing brakes and super wide tyres.
It was just a brain malfunction. It was a long day and you had a severe headache from your bad pillow. Under normal circumstances you would never do such a thing.
10-27-2012, 10:34 PM
#11
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Really? No kidding! This is true of ALL moving violations. I would get a lawyer or take the class. Do whatever you can to keep it off your record, regardless of points. Classic case of, "I did nothing wrong". The officer will have the edge and a lot more weight should you decide to go to trial, or fight it. I have been here many times. It'll cost you time and/or money, but do the above mentioned: lawyer/class.
10-28-2012, 02:39 AM
#12
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Either get a traffic attorney, they are cheap as they do 100's of tickets at a time or just pay the fine and ask for traffic school to keep the points off your record.
10-30-2012, 03:31 AM
#14
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Like the man said, written declaration.
In your case, less is more, just write Not Guilty!
Then you can get copies of the notes if the cop bothers to write a response.
1/3 chance he won't and you win by default.
Then trial de novo. Which means they throw the mailed in decision out, and you have a normal
traffic court trail, not an appeal. But you have to request it within like 10 days, and show up.
All this takes a lot of time.
I would take traffic school as 1st choice.
It's the points that rack up the $$$ when your insurance goes up.
Despite what everyone says, (You can't win!) at least 1/2 the time, the cops don't show up for traffic tix in court. Actually in my personal experience it's only about 1 in 10
times over the course of about 25 years. I probably hold some kind of record.
I won 10 consecutive after 1 initial loss.
Then one loss, another win, 2 losses on Written declarations,
a 1/2 win in court the fine was dismissed, and then a win on a written declaration for tailgating, and another win for a police no show in the same year. Man that saved me a bundle in insurance.
I have a file full of 'case dismissed for lack of prosecution' "officer not present'
traffic court docs here in Nor Cal. Once I kept changing the court date due to work travel, and got a letter from the court dismissing the ticket. 'No further action is required on your part'.
If you go to court DO NOT waive time, or they'll have you coming back till the end of time.
Other option, go to court and request a reduced fine and traffic school.
Again, takes time. But probably cut the fine in 1/2.
I usually take traffic school as 1st choice, but 290 is ridiculous.
Read: http://www.nolo.com/legal-encyclopedia/traffic-tickets
http://www.nolo.com/products/fight-y...ornia-FYT.html
There are some great written defenses out there, if you look around.
Some guy on a motorcycle forum posted a whole slew of them, but I can't find the link,
but I used his defense as the basis of my written tailgating defense.
Tail gating is often used a substitute offense, which in my case it was since it was my XGF's car and I was pulled over for not having plates, but that was the dealers fault, and suddenly I'm being given a tik for TG'ing in bumper to bumper traffic. Bogus.
In your case, less is more, just write Not Guilty!
Then you can get copies of the notes if the cop bothers to write a response.
1/3 chance he won't and you win by default.
Then trial de novo. Which means they throw the mailed in decision out, and you have a normal
traffic court trail, not an appeal. But you have to request it within like 10 days, and show up.
All this takes a lot of time.
I would take traffic school as 1st choice.
It's the points that rack up the $$$ when your insurance goes up.
Despite what everyone says, (You can't win!) at least 1/2 the time, the cops don't show up for traffic tix in court. Actually in my personal experience it's only about 1 in 10
times over the course of about 25 years. I probably hold some kind of record.
I won 10 consecutive after 1 initial loss.
Then one loss, another win, 2 losses on Written declarations,
a 1/2 win in court the fine was dismissed, and then a win on a written declaration for tailgating, and another win for a police no show in the same year. Man that saved me a bundle in insurance.
I have a file full of 'case dismissed for lack of prosecution' "officer not present'
traffic court docs here in Nor Cal. Once I kept changing the court date due to work travel, and got a letter from the court dismissing the ticket. 'No further action is required on your part'.
If you go to court DO NOT waive time, or they'll have you coming back till the end of time.
Other option, go to court and request a reduced fine and traffic school.
Again, takes time. But probably cut the fine in 1/2.
I usually take traffic school as 1st choice, but 290 is ridiculous.
Read: http://www.nolo.com/legal-encyclopedia/traffic-tickets
http://www.nolo.com/products/fight-y...ornia-FYT.html
There are some great written defenses out there, if you look around.
Some guy on a motorcycle forum posted a whole slew of them, but I can't find the link,
but I used his defense as the basis of my written tailgating defense.
Tail gating is often used a substitute offense, which in my case it was since it was my XGF's car and I was pulled over for not having plates, but that was the dealers fault, and suddenly I'm being given a tik for TG'ing in bumper to bumper traffic. Bogus.
Last edited by C230 Sport Coup; 10-30-2012 at 03:57 AM.
11-01-2012, 04:28 PM
#16
Super Member
Thread Starter
Thanks, C230 Sport Coup and Minh!!
To tell you frankly, all this is so confusing! really! There are 2 options for court appearance. I think I will choose the 'Arraignment' option.what do u think? Maybe they will reduce the fine and shave off the points. I dont think I should contest since I had admitted guilt to the officer. Second option is traffic school! Pay $290 and get the eff out of there!
To tell you frankly, all this is so confusing! really! There are 2 options for court appearance. I think I will choose the 'Arraignment' option.what do u think? Maybe they will reduce the fine and shave off the points. I dont think I should contest since I had admitted guilt to the officer. Second option is traffic school! Pay $290 and get the eff out of there!
11-01-2012, 04:46 PM
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home the point
Depending on the judge, but most will be reasonable if they see you have no prior infractions. Anyways you should dress at least business casual to court. I always wear my uniform (Air Force) to court and that never fails.
11-01-2012, 05:03 PM
#18
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Thread Starter
Thanks cptdaz! I will make sure to present myself in the best way possible.
I have never received a warning, let alone a ticket, so i am hoping they will have some mercy. On 2nd thought, 'Arraignment' is when they will just read out the charges and I would not have any say? Is that right?
I have never received a warning, let alone a ticket, so i am hoping they will have some mercy. On 2nd thought, 'Arraignment' is when they will just read out the charges and I would not have any say? Is that right?
11-01-2012, 05:34 PM
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home the point
Thanks cptdaz! I will make sure to present myself in the best way possible.
I have never received a warning, let alone a ticket, so i am hoping they will have some mercy. On 2nd thought, 'Arraignment' is when they will just read out the charges and I would not have any say? Is that right?
I have never received a warning, let alone a ticket, so i am hoping they will have some mercy. On 2nd thought, 'Arraignment' is when they will just read out the charges and I would not have any say? Is that right?
Last edited by cptdaz; 11-01-2012 at 05:40 PM.
11-01-2012, 05:39 PM
#20
Super Member
Thread Starter
Thanks again for your time!
Looks like I have following options:
1) Amount due for traffic school: $290 - Pay this fine and forget about it. No points on my record i guess.
2) Amount due for a court appearance: $248 - I win the case, the case is dismissed. I still lose $248. If I lose the case, another $290 for traffic school is my guess.
3) I get access to a lawyer at no cost to me through my employer. Not sure where the lawyer will lead me.
At this point, option no 1 sounds sensible.
Looks like I have following options:
1) Amount due for traffic school: $290 - Pay this fine and forget about it. No points on my record i guess.
2) Amount due for a court appearance: $248 - I win the case, the case is dismissed. I still lose $248. If I lose the case, another $290 for traffic school is my guess.
3) I get access to a lawyer at no cost to me through my employer. Not sure where the lawyer will lead me.
At this point, option no 1 sounds sensible.
11-01-2012, 05:43 PM
#21
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home the point
Thanks again for your time!
Looks like I have following options:
1) Amount due for traffic school: $290 - Pay this fine and forget about it. No points on my record i guess.
2) Amount due for a court appearance: $248 - I win the case, the case is dismissed. I still lose $248. If I lose the case, another $290 for traffic school is my guess.
3) I get access to a lawyer at no cost to me through my employer. Not sure where the lawyer will lead me.
At this point, option no 1 sounds sensible.
Looks like I have following options:
1) Amount due for traffic school: $290 - Pay this fine and forget about it. No points on my record i guess.
2) Amount due for a court appearance: $248 - I win the case, the case is dismissed. I still lose $248. If I lose the case, another $290 for traffic school is my guess.
3) I get access to a lawyer at no cost to me through my employer. Not sure where the lawyer will lead me.
At this point, option no 1 sounds sensible.
11-01-2012, 05:45 PM
#22
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Usually, arraignment shaves the fine and traffic school drops the points. However, you can only do it once every 18 mos and it costs $50 online. But it only takes like 30 mins.
11-01-2012, 10:28 PM
#23
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I would give TBD a chance I paid a lawyer 1k to rep me in court and only got me 100 off of the ticket and no point reductions. I told him I didn't care about the fine and just wanted the points gone.. Waste of money.
Last edited by JonMBZ; 11-01-2012 at 10:31 PM.
11-01-2012, 10:42 PM
#24
Member
I think I read in our local "Roadshow" column that in Cali the law is rather vague on peds in a crosswalk. Something about not endangering them, but it doesn't specifically say "as soon as they step into the crosswalk you better not cross with your car". The cop has a lot of discretion and if you explain that the peds were x lanes away from you maybe you'll get a break.
