AS title says speeding or traffic violation. Dot truck violation, Hunting fish game etc. I have seen several get challenged and the person won!!!! Also seen some go to jury trial and the person won!!! These were more serious. Also seen where cop or DA did not show up to court and judge threw it out.
- Thread starter JOCCO
- Start date
I've done it. But you better have a good case against the ticket. The last time i did it, i passed a very confused driver in a construction zone. I was in a truck and wanted as far away from that driver as possible. I told the cop, that i didn't deserve the ticket but never cussed at him. Told the judge about it. the cop had little to say. judge thru the case out.
Personally I have challenged them and the cop didn't show so I moved for dismissal, the state asked for a continuance, but the Judge dismissed the case.
AS an attorney I took a speeding ticket all the way to a jury trial for a client. The cop showed up and gave testimony which I cross examined and my client gave testimony and the jury found my client NOT guilty. The standard of proof in such a case was the Plaintiff had to prove his case by A PREPONDERANCE OF THE EVIDENCE. WE won yayyyyyyyyyyyyy
John T Country Lawyer
AS an attorney I took a speeding ticket all the way to a jury trial for a client. The cop showed up and gave testimony which I cross examined and my client gave testimony and the jury found my client NOT guilty. The standard of proof in such a case was the Plaintiff had to prove his case by A PREPONDERANCE OF THE EVIDENCE. WE won yayyyyyyyyyyyyy
John T Country Lawyer
Yes I have challenged a speeding ticket once. I was driving my Pontiac Fiero thru a county park. This car had the Indy 500 package on it which is fairly rare & it looked SUPER fast even if it was setting still in a parking lot. The speed limit was 20mph & I was just idling along in second gear. The park officer pulled me over & gave me a ticket for 28mph. I took it to court & the judge ask me why I was challenging the ticket. I told him I would like to ask the park officer two questions & he said OK. I ask him if he had radar or if he just visually judged me to be speeding. He said it was visual. I then ask him if he felt he was visually able to tell the difference between 28mph & 27mph. He said no. I then turned to the judge & told him I felt I wrongfully received this ticket. The judge then thanked me for coming to court & dismissed the case.
Be prepared for it to go the other way if you challenge it.
Brother was driving down 6th street in Emporia Kansas. Hispanic kid in front of him suddenly stopped in the middle of block to talk to his running buddies on the sidewalk. Brother laid in on the horn and sign language was exchanged. Got a gap in traffic and went around him. Hispanic kid swerved to hit him as he went by and did some erratic driving threatening to run into him. At the next stop light he stopped and the Hispanic slammed into him from behind. 5 Hispanics piled out the car and started trying to break into his truck - brother pulled his Ruger out and leveled it at that guy trying to break his window - it seemed to calm him down. Cops showed up and 4 Hispanics disappeared, the driver was arrested for DUI and a tow truck pulled the car out from under my brother's truck.
A week later my brother got a ticket in the mail for improper stop. He was ticked off and decided to fight it in court - without a lawyer - HUGE MISTAKE. He showed up in court and the Hispanic kid was there and claimed my brother stopped short of the traffic light causing the accident (no mention of him being drunk - that charge had disappeared). The cop got up and said the truck was stopped 4 car lengths short of the stop light and had pictures to prove it. My brother got up and said yes I stopped 4 car length short of the stop sign because there were 4 cars in front of me that drove off when the light turned green and to flee the gang that was attacking cars behind them. Judge looks him over and ADDS misdemeanor assault charges to the case stating my brother stopped short of the stop sign to intentionally cause an accident using his pickup as a weapon and rules guilty on the assault charge and the original ticket.
Turns out the drunk Hispanic was the son a of a detective on the Emporia police force.
Brother was driving down 6th street in Emporia Kansas. Hispanic kid in front of him suddenly stopped in the middle of block to talk to his running buddies on the sidewalk. Brother laid in on the horn and sign language was exchanged. Got a gap in traffic and went around him. Hispanic kid swerved to hit him as he went by and did some erratic driving threatening to run into him. At the next stop light he stopped and the Hispanic slammed into him from behind. 5 Hispanics piled out the car and started trying to break into his truck - brother pulled his Ruger out and leveled it at that guy trying to break his window - it seemed to calm him down. Cops showed up and 4 Hispanics disappeared, the driver was arrested for DUI and a tow truck pulled the car out from under my brother's truck.
A week later my brother got a ticket in the mail for improper stop. He was ticked off and decided to fight it in court - without a lawyer - HUGE MISTAKE. He showed up in court and the Hispanic kid was there and claimed my brother stopped short of the traffic light causing the accident (no mention of him being drunk - that charge had disappeared). The cop got up and said the truck was stopped 4 car lengths short of the stop light and had pictures to prove it. My brother got up and said yes I stopped 4 car length short of the stop sign because there were 4 cars in front of me that drove off when the light turned green and to flee the gang that was attacking cars behind them. Judge looks him over and ADDS misdemeanor assault charges to the case stating my brother stopped short of the stop sign to intentionally cause an accident using his pickup as a weapon and rules guilty on the assault charge and the original ticket.
Turns out the drunk Hispanic was the son a of a detective on the Emporia police force.
The judge could have asked the cop if he could tell the difference between 28 and 30 and upped the ticket to 30 and increased the fine.
I was pulled over for 68 in a 55 - I knew I was only going 63 because I set the cruise for that and because at less than 10 over the speed limit the ticket doesn't count as a point on your driving record. I asked to see the radar and it showed 63 - the state trooper claimed I slowed before he got it locked in and wrote the ticket for 68. I called a lawyer in the country to fight the ticket and he said if the ticket is written for 68 it will be prosecuted for 68. He said he could take my money but it wouldn't make a difference, the only place I could fight it was on appeal - and the fees would be much higher.
I was pulled over for 68 in a 55 - I knew I was only going 63 because I set the cruise for that and because at less than 10 over the speed limit the ticket doesn't count as a point on your driving record. I asked to see the radar and it showed 63 - the state trooper claimed I slowed before he got it locked in and wrote the ticket for 68. I called a lawyer in the country to fight the ticket and he said if the ticket is written for 68 it will be prosecuted for 68. He said he could take my money but it wouldn't make a difference, the only place I could fight it was on appeal - and the fees would be much higher.
jon f mn
Well-known Member
Good luck with that. Traffic ticket are a money maker and the chances of getting one dismissed are rare. They will frequently change it to a parking ticket of you still pay the fine so it doesn't go on your record. The court system in this country is a disgrace for the most part.
Goose
Well-known Member
A buddy of mine did, once.
At 7pm on a New Years Eve in Clinton, NC, we left a liquor store in "Herm's" Cadillac. A block from the store, a local cop pulled Herm over. He knew Herm and assumed that at 7pm on New Year's Eve Herm would be an easy DUI. When the cop found Herm was cold sober, he wrote Herm a speeding ticket for going 74 in a 35 zone. which was pure fabrication.
Herm was an engineer, and when he went to court he took a slide rule (before pocket calculators) and about a ream of scratch paper. He brought up acceleration rates, terminal velocities, etc., and proved to the court that in order for him to have left the liquor store and been going 74mph where the cop said he was, his Cadillac would have had to have been capable of going from 0 to 100 in 3.8 seconds, etc., etc.
The judge finally threw it out. More to just get rid of Herm, I suspect.
At 7pm on a New Years Eve in Clinton, NC, we left a liquor store in "Herm's" Cadillac. A block from the store, a local cop pulled Herm over. He knew Herm and assumed that at 7pm on New Year's Eve Herm would be an easy DUI. When the cop found Herm was cold sober, he wrote Herm a speeding ticket for going 74 in a 35 zone. which was pure fabrication.
Herm was an engineer, and when he went to court he took a slide rule (before pocket calculators) and about a ream of scratch paper. He brought up acceleration rates, terminal velocities, etc., and proved to the court that in order for him to have left the liquor store and been going 74mph where the cop said he was, his Cadillac would have had to have been capable of going from 0 to 100 in 3.8 seconds, etc., etc.
The judge finally threw it out. More to just get rid of Herm, I suspect.
John M
Well-known Member
- Location
- Nunyafn business
Got out of a child restraint ticket once. My son learned how to get out of his car seat, and cop happen to see him. I walked into court with my son and the seat and showed the judge. Judge told me to take the fine money and go buy a better seat. I did just that.
I was in court many years ago. The judge found everyone, except female defendants, guilty. The judge would ask male defendants, "Why would the officer lie?" Finally, one defendant replied, "I don't know. Maybe if the officer writes enough tickets he gets a free toaster oven?" The defendant was also found in contempt.
Years after this event, the judge was impeached after a sting operation revealed he let female defendants off while prosecuting males, as though they really needed to investigate. Of course, there was no way for male defendants to reclaim loses.
Years after this event, the judge was impeached after a sting operation revealed he let female defendants off while prosecuting males, as though they really needed to investigate. Of course, there was no way for male defendants to reclaim loses.
Many of your stories could have gone much better. In Russia their system are far worse than here and EVERYONE has a dash camera. They don't cost that much and are iron clad in court. If you go on U-tube almost 80% of the traffic funnies are from iron curtain countries. The cams is why they have them. I don't have one yet but have thought about it muchley!
My wife was stopped for running a stop sign. Tree branches covered the sign and it could not be seen. She returned to the sign of the crime and took pictures which she took to court. The judge, a woman, through out the charge.
Several years ago on a two lane road I was following a much hotter car that had just passed me. A trooper on the opposite side of the road had a radar gun and stopped me, not the faster car ahead of me. I stopped and got into the troopers car as he did his paper work. While he was looking at his papers I asked how the radar worked. "Like this" he said and flicked it on. It immediately went off as a muscle car came speeding towards us. The trooper got out of the cruiser and flagged down his victim, not the speeder who was long gone but an old beater that was following. I took justice in my own hands and ignored my ticket. Haven't heard a word from the authorities.
Several years ago on a two lane road I was following a much hotter car that had just passed me. A trooper on the opposite side of the road had a radar gun and stopped me, not the faster car ahead of me. I stopped and got into the troopers car as he did his paper work. While he was looking at his papers I asked how the radar worked. "Like this" he said and flicked it on. It immediately went off as a muscle car came speeding towards us. The trooper got out of the cruiser and flagged down his victim, not the speeder who was long gone but an old beater that was following. I took justice in my own hands and ignored my ticket. Haven't heard a word from the authorities.
rustyacres sd
Member
My dad taught me not to argue unless you know you are right. I had season tickets to a hockey in Sioux Falls. Always like to take the back highways home (mainly because my vehicle probably couldn't keep up on Interstate) Going through 1 small town, I knew the speed limit was 45 and doing that and got pulled over.
HP was going to give me a ticket for speeding. Said is was 45, and he said it has always been 35. I still argued and he gave me a warning. Got to the other edge of town, BRAND NEW SPEED LIMIT SIGN and POST.. We were both wrong. They just changed it and it hadn't always been 35 like he said.
HP was going to give me a ticket for speeding. Said is was 45, and he said it has always been 35. I still argued and he gave me a warning. Got to the other edge of town, BRAND NEW SPEED LIMIT SIGN and POST.. We were both wrong. They just changed it and it hadn't always been 35 like he said.
farmerwithmutt
Well-known Member
I have they tried to nail me for non registered and I took all the paperwork in plus license plate with snow on it in . Must have seen a little hostile they called in an extra cop. Then there was a parking ticket I hadn't got my plates on yet so no number that was tossed kinda risky I was friends with the meter man. There have been others that were rather odd if I have a chance I fight we got some good cops and some that think the badge makes them something special. The ones I find out to watch for are women cops . The most credit i can give is to a young cop he caught me for non registered there was a mix up at the d.o.t I also had no seat belt he seen that I had my arm in a sling and he also said this is a farming community most farmers don't wear them . All I got was a warning ticket that showed to me some common sense . Then there was the time I got caught for having the license plate on upside down silly fool wouldn't let me fix it right there gave me a warning ticket apparently no sense of humor
Except for cop no shows, IMHO you will never win. The judge has no motivation to let you off and most cops lie in court. The stories of the many who have tried on their own and failed are numerous. I have, beaten a few with an atty. Money well spent to keep my insurance down. One fella challenged a speed limit sign obscured by tree branches. He used a copy of the local ordinances which indicated how far back the obstruction must be. He lost! He used last years ordinance book-nothing had changed from year to year though. See?
ADB-Ia
Member
- Location
- New Sharon, IA
I have a neighbor that challenged every ticket his teen aged sons ever got - and won many of the cases. Those boys turned out to be the worst kids in the community. Never learned to take responsibility for their actions. I'm sure there are cases when a challenge is appropriate but most of the time I would say to just take your medicine. My $.02.
Pair-a-dice farm
Well-known Member
I never have, most speeding tickets I deserved and didn't question. I've had a couple of seatbelt tickets and thought of challenging those but the ticket was less than the productivity I would have lost going to court. The last one I should have challenged because the cop literally ran me off the road before he turned on his light. He was much more of a traffic hazard to others than I was not wearing a seat belt.
A number of years ago my Dad got a speeding ticket in a nearby town. Dad paid the ticket and forgot about it. About a year later he got a check in the mail from that county in the amount of the ticket. Turned out someone challenged a ticket and the cop wasn't trained in the use of the radar gun. They had to refund every ticket he had written. Sometimes it may be a community service to challenge a ticket.
A number of years ago my Dad got a speeding ticket in a nearby town. Dad paid the ticket and forgot about it. About a year later he got a check in the mail from that county in the amount of the ticket. Turned out someone challenged a ticket and the cop wasn't trained in the use of the radar gun. They had to refund every ticket he had written. Sometimes it may be a community service to challenge a ticket.
Nope, never have.Haven't gotten many tickets but the ones I've gotten, I richly deserved!A little story about my brother:He was in business for himself,had a good sized box truck.Got pulled over for something and got a ticket. Paid the ticket and went on his way.Our father was a retired NYS trooper.A couple of weeks later the same trooper pulled my brother over again.Said" why didn't you tell me who you are".Brother said"we don't do that"
I came into RANDALL, MN on a side road, got onto US 10, set the cruise at posted limit of 55. Was on the road for 6/10ths of a mile, and the local street sweeper/cop (yes, both jobs) gave me a ticket for 69. It was a sunday nite and traffic is high and fast, with travelers headed back to MPLS. Told the cop to drive my car, he"ll see where the cruise is set. He obviously refused. He had his radar locked on a previous car.
Prior to my fighting the ticket, I talked to a friend from home- he said he always avoided Randall when going up north, cuz he knew what the cop was like. Cop used to own a gas station in our county, went broke, and got the flunky job in Randall. Often ticketed out of county drivers, especially those from Metro, cuz they wouldn"t bother to fight it.
In court he claimed he could visually determine a car"s speed within 1-2 mph. Judge wrote my ticket down to 65 mph, so it didn"t increase my insurance rates. Cop smirked at me on his way out. No longer cop there either.
Prior to my fighting the ticket, I talked to a friend from home- he said he always avoided Randall when going up north, cuz he knew what the cop was like. Cop used to own a gas station in our county, went broke, and got the flunky job in Randall. Often ticketed out of county drivers, especially those from Metro, cuz they wouldn"t bother to fight it.
In court he claimed he could visually determine a car"s speed within 1-2 mph. Judge wrote my ticket down to 65 mph, so it didn"t increase my insurance rates. Cop smirked at me on his way out. No longer cop there either.
Yes, numerous times in my life. Just like we are held to the letter of the law, they need to be too. I have found deficiencies in every one I contested that resulted in my favor.
I could elaborate more regarding a few that really were cut & dry, don't have time, its lunch break.
A friend whom I advised just took one to trial, and sure enough the young trooper did try and badger him prior to the court proceedings. He also made a slanderous/irrelevant statement during same. He also failed to appear once and the judge would not dispose of it because of that. I have done that successfully before. The deficiency here is signage, and he got a letter from the town that proves same. The judge postponed his decision to check the validity and or authenticity of the letter from the town. I believe it will be decided in my friends favor, he did all the research, requested notes from the plaintiff (discovery) etc. etc. The trooper tried to establish that he knew the posted speed limits from other sections of the road that he did not travel on, my friends rebuttal refuted that attempt. These guys are formidable, but not invincible.
I do everything I can to obey the laws, have a clean abstract on my CDL A for over 20 years now. All of these municipalities count on the fact that people do not dispute these tickets. If you deserve it, fine, then make good on it, if there are other circumstances, then by all means look into where you stand, its paid off for me many times.
One of the tickets was for parking in a handicap space on the street. Well they just put up the signs and I determined it violated NYS V&T law, and I got it thrown out. I would have only known that because I went and got the NYS V&T handbook and looked it up. Sure enough there was a drawing with dimensions, so I documented what was built, in comparison to that and submitted it to be disposed of, I was correct and they were in fact completely wrong, and I never saw the darned sign, so it was all honest, yet most would just pay. That is why I say its wise to consider your options if you think they are wrong.
Its best to just obey the laws, but eventually everyone will have some experience with same, so buyer beware LOL !
I could elaborate more regarding a few that really were cut & dry, don't have time, its lunch break.
A friend whom I advised just took one to trial, and sure enough the young trooper did try and badger him prior to the court proceedings. He also made a slanderous/irrelevant statement during same. He also failed to appear once and the judge would not dispose of it because of that. I have done that successfully before. The deficiency here is signage, and he got a letter from the town that proves same. The judge postponed his decision to check the validity and or authenticity of the letter from the town. I believe it will be decided in my friends favor, he did all the research, requested notes from the plaintiff (discovery) etc. etc. The trooper tried to establish that he knew the posted speed limits from other sections of the road that he did not travel on, my friends rebuttal refuted that attempt. These guys are formidable, but not invincible.
I do everything I can to obey the laws, have a clean abstract on my CDL A for over 20 years now. All of these municipalities count on the fact that people do not dispute these tickets. If you deserve it, fine, then make good on it, if there are other circumstances, then by all means look into where you stand, its paid off for me many times.
One of the tickets was for parking in a handicap space on the street. Well they just put up the signs and I determined it violated NYS V&T law, and I got it thrown out. I would have only known that because I went and got the NYS V&T handbook and looked it up. Sure enough there was a drawing with dimensions, so I documented what was built, in comparison to that and submitted it to be disposed of, I was correct and they were in fact completely wrong, and I never saw the darned sign, so it was all honest, yet most would just pay. That is why I say its wise to consider your options if you think they are wrong.
Its best to just obey the laws, but eventually everyone will have some experience with same, so buyer beware LOL !
yep I have gotten out of one running red light ticket by going to the county court house and telling the attorney up there that there was no way the cop could have seen me run that light cause where he was sitting he could not see the colors of the lights and when they changed or not.. He tore it up..
I have also received two jury notices and have gotton out of both of those.. I work for family business and am the only employee in shop area so hardship plee..
I have also received two jury notices and have gotton out of both of those.. I work for family business and am the only employee in shop area so hardship plee..
Goose
Well-known Member
I got out of a couple of parking tickets.
Once, I parked on an open parking block near my office one morning. During the course of the morning, the city crew put up "Two Hour Parking" signs and a cop came along and put a ticket on my car. That one was easily thrown out.
Another time I got a two hour parking ticket when I had witnesses who had seen me drive down the street and hour and 10 minutes earlier. I had to argue a bit over that one. BTW, our local police chief at the time was called "Barney" by everyone in town. He even looked like Don Knotts.
Funniest one was a couple years ago I got a written warning for speeding. The Deputy Sergeant who wrote the ticket had a hard time keeping a straight face through it all. Then when I got home, my wife was standing in the kitchen laughing at me. She'd heard the whole thing on her police scanner.
A couple of weeks later, I happened to sit at a table with our local County Sheriff at a graduation party, or something. (I've known him for years). I couldn't resist telling him about my ticket. I wasn't complaining, I just thought he'd get a kick out of it, and he did.
The Sheriff then told me a couple years before that, he was in plain clothes driving his personal car and got stopped for speeding by a local cop in a nearby town, still within the county. When the cop realized who he had, he went all the way with it, background check, ran the VIN on the car, and the whole works. While this was going on, all the Deputies were listening to it on the radio. Joe said it was two weeks before he got all the Deputies to shut up and quit giving him a hard time about it.
Once, I parked on an open parking block near my office one morning. During the course of the morning, the city crew put up "Two Hour Parking" signs and a cop came along and put a ticket on my car. That one was easily thrown out.
Another time I got a two hour parking ticket when I had witnesses who had seen me drive down the street and hour and 10 minutes earlier. I had to argue a bit over that one. BTW, our local police chief at the time was called "Barney" by everyone in town. He even looked like Don Knotts.
Funniest one was a couple years ago I got a written warning for speeding. The Deputy Sergeant who wrote the ticket had a hard time keeping a straight face through it all. Then when I got home, my wife was standing in the kitchen laughing at me. She'd heard the whole thing on her police scanner.
A couple of weeks later, I happened to sit at a table with our local County Sheriff at a graduation party, or something. (I've known him for years). I couldn't resist telling him about my ticket. I wasn't complaining, I just thought he'd get a kick out of it, and he did.
The Sheriff then told me a couple years before that, he was in plain clothes driving his personal car and got stopped for speeding by a local cop in a nearby town, still within the county. When the cop realized who he had, he went all the way with it, background check, ran the VIN on the car, and the whole works. While this was going on, all the Deputies were listening to it on the radio. Joe said it was two weeks before he got all the Deputies to shut up and quit giving him a hard time about it.
Either go to court, or talk to prosecutors office and ask for them to reduce. Most prosecutors office is all about the money, and they will reduce to a speeding 1-5 MPH, however be prepared to pay up. All depends on if you want to spend time/effort and go to court. I have found out that one violation will raise your insurance rates for 3 years, and you will lose any safe driving discounts, etc. Usually worth just pleading to the lesser charge, but good chance the office will not show, and you can get case dismissed. If no evidence judge will often dismiss if you tell them you took off work, etc, and cannot come back at a later date. No witness, no case.
This guy is a bit extreme, and obviously has little else to do, and enjoys the challenge, but he has some very good points.
Beating tickets
Beating tickets
Brian Jasper co. Ia
Well-known Member
I beat a speeding ticket in a big truck once. Ticket was 51 in a 35 zone, 4500 blk of NE 14th in Des Moines. First problem was 4500 blk is 45 mph. The next problem was I just stopped at a warehouse at 4565 NE 14th. I've never driven a semi that could go from 0 to 51 mph in a city block. I took pictures of the posted speed signs and was able to prove in court that there were two big reasons the cop was wrong. The city attorney offered me 45 in a 35, but I stuck to my guns. They 'didn't get to me' that day in court so we got on the docket for the next session where I could be there and not miss work. Same story, 45 in a 35 offer, sat through the whole session where they never got to me. After that I told the city attorney I believed my rights to a speedy trial were being violated. They scheduled me again and this time before court opened the city attorney found me and said they were dropping the charge because the officer went back and thought he might have made a mistake. I then showed her the pics and asked how many loaded semis she had seen go from 0 to 51 within a city block. My guess was there was at least one ticket for 51 mph written by that cop prior to me...
I had just bought my farm but hadn'y built on it yet. I had a camper there to stay on weekends(Son & I).
Last day of deer season, the deer we got that weekend we had already cut up, processed and packaged and put on ice in coolers so they were ready to freeze when we got back home. Left the farm after dark to return home. Came over a hill andin the straight stretch were flashing bue lights. Game Wardens had roadblock looking for illegally harvested deer.
Game Warden came to my truck and shined a light in the bed of truck. He saw a bottle of booze in one of my totes and went nuts. Pulled his gun and asked if I had been drinking. I replied I don't drink and drive. He ordered me out of truck and gave me several sobriety tests. Told me to get back in truck. I did. Then he started inspecting my coolers and found the iced doen deer meat. He came back and asked for my hunting license. I told him I owned the land where the deer were taken and did not need one. He said"I don't believe you" and wrote me up for 'possession of an Illegally harvested deer and poaching. Gave me the ticket and I left.
Anyway, went to court judge read charges and asked my side. I explained that I own the land and provided copy of deed. case was dismissed.
Last day of deer season, the deer we got that weekend we had already cut up, processed and packaged and put on ice in coolers so they were ready to freeze when we got back home. Left the farm after dark to return home. Came over a hill andin the straight stretch were flashing bue lights. Game Wardens had roadblock looking for illegally harvested deer.
Game Warden came to my truck and shined a light in the bed of truck. He saw a bottle of booze in one of my totes and went nuts. Pulled his gun and asked if I had been drinking. I replied I don't drink and drive. He ordered me out of truck and gave me several sobriety tests. Told me to get back in truck. I did. Then he started inspecting my coolers and found the iced doen deer meat. He came back and asked for my hunting license. I told him I owned the land where the deer were taken and did not need one. He said"I don't believe you" and wrote me up for 'possession of an Illegally harvested deer and poaching. Gave me the ticket and I left.
Anyway, went to court judge read charges and asked my side. I explained that I own the land and provided copy of deed. case was dismissed.
If you have a CDL: you have 2 choices. Pay it and it will go against your license: or beat it. CDL holders cannot "plea-bargain to a lesser charge or non moving violation " nor will a charge be dismissed for doing a defensive driving course. Doesn't matter what the state your CDL.is issued from. It is possible to loose your CDL but then get a standard operator license that would have no points against it. Depends on if the tickets were points violations in the state of issue or not. I challenge any moving violations i get
Going through a local 35 mph construction zone July 4 I was met by a trooper and I saw he was stopping. I thought good He's going to nab that jerk behind me gaining real fast. I was wrong. He asked why I was going 49 in a 35. I said I wasn't I had my cruise on 39 and my gps and speedometer both showed that speed. I said I thought you were stopping that car behind me. He said I wouldn't have stopped you for 39. He went back to his Dodge and sat there a minute and then came and said you can go. He didn't admit he was wrong and I didn't press the issue. But I know he would not have let me slide If I was going 49 in a 35. I was quite relieved because that stretch of road has made for easy pickings for months while under construction. TDF
I haven't, son and daughter both have and won. Son got a ticket for a rolling stop sign violation, cop said he had it on tape, son told him to bring it to court, cop never showed. Daughter beat a parking ticket in downtown Chicago, for some reason she took a picture of her car and the meter and maybe something else which proved she wasn't there at the time on the ticket. I just paid my fines, I was guilty as charged.
I rode by a state trooper on my dirt bike on the way to the other farm. Probably 35-40 mph. On County Line Rd, on which in Gratiot, you can ride atvs on the road, Clinton you cannot. He was stopped talking to a fellow that lives along there. About a mile down the road, he flew up behind me and pulled me over. Gave me tickets for: careless driving, ORV on roadway, no helmet, no insurance (it was a dirt bike), unregistered vehicle operating on the road. I was going to lose my license. I paid the no helmet ticket as I wasn't wearing one and should have been, paid the ORV on roadway, I was on the RH side of the road which I guess would have been Clinton County where that wasn't allowed, but decided to fight the others, as I for sure wasn't driving carelessly where I was endangering anyone else. I went to court, where in MI, I believe they allow the officer 15 minutes after the start time to arrive. I had been watching the clock and it had been 25 minutes since the scheduled time and the officer wasn't there yet. The judge said, "I don't know where officer ---- is, he said he was going to be here". Didn't matter to me, he wasn't there, and it was after the allowed 15 minutes. A couple minutes later she finally dismissed everything since he didn't show. If I'd have known that, I shouldn't have paid the other tickets and saved myself $175.
TomH in PA
Well-known Member
If you go in front of a judge you better have good evidence or hope the cop doesn't show up. My daughter beat a few parking meter tickets because you can pay at the meter with your ATM card so she had proof she'd paid (out-of-state plates get ticketed in Washington DC whether you feed the meter or not).
Another daughter beat a speeding ticket she got while driving through Georgia on the way to Florida. They hired a lawyer who pretty much guaranteed he could get it tossed out.
I was on the jury for a drunk driving ticket. We let the guy off even though he probably was driving drunk - the cop didn't have any evidence to prove it.
Another daughter beat a speeding ticket she got while driving through Georgia on the way to Florida. They hired a lawyer who pretty much guaranteed he could get it tossed out.
I was on the jury for a drunk driving ticket. We let the guy off even though he probably was driving drunk - the cop didn't have any evidence to prove it.
Ultradog MN
Well-known Member
- Location
- Twin Cities
I've done it twice.
First time I slid through a red light in a snowstorm. I thought I had a good case so I went to court. Day of court the ticketing officer was no show and the judge dismissed it.
Second time I slid into the ditch on ice and got a ticket from a mean cop cause I didn't respect her enough I guess. She gave me a catch all ticket "failure to use due care".
I was going to fight it if only to have it on court record what an awful jerk the cop was.
The DA just scoffed at me.
Told me he beat people like me everyday for a living. But I kept telling him I had a right to face my accuser in court and I was determined to exercise that right. He finally got tired of me and said if I pleaded guilty to driving 64 in a 55 zone and paid the fine - $125 - there would be no points on my record. Half a loaf is better than nothing so I took it.
First time I slid through a red light in a snowstorm. I thought I had a good case so I went to court. Day of court the ticketing officer was no show and the judge dismissed it.
Second time I slid into the ditch on ice and got a ticket from a mean cop cause I didn't respect her enough I guess. She gave me a catch all ticket "failure to use due care".
I was going to fight it if only to have it on court record what an awful jerk the cop was.
The DA just scoffed at me.
Told me he beat people like me everyday for a living. But I kept telling him I had a right to face my accuser in court and I was determined to exercise that right. He finally got tired of me and said if I pleaded guilty to driving 64 in a 55 zone and paid the fine - $125 - there would be no points on my record. Half a loaf is better than nothing so I took it.
willie in mn
Well-known Member
Was driving tour bus at the time, based in Minneapolis Mn. There is a short section of I-35E in St Paul closed to trucks over 9,000#.
Anyway, I got stopped, "prohibited vehicle on parkway". I went to court, armed with pictures of the bus, signs on the entrance ramp, & copy of statutes. The signs clearly say "Trucks over 9000# prohibited". Also had pics of signs at a restricted bridge on another road, " Gross Weight Limit 5000#. Trucks & Busses Prohibited". Told the judge that the state is specific with its signs. Then read the definitions page in the book. " a truck is a vehicle designed & operated to transport cargo. A bus is a vehicle designed & operated to transport passengers". The sign on the road in question says nothing about busses being prohibited. Suddenly the prosecutor moved for dismissal, & the judge agreed. Dismissed!
Then the judge asked, "Just for my personal information, how heavy is that bus?" I replied, "about 27000 empty". He just smiled & told me to go ahead & run it, but watch the reduced speed in that area.
Willie
p.s. That section of I-35E lay completed except for paving for approx 20 years. Seems a bunch of blue noses didn't want all the traffic in their neighborhood. With a bit of shady dealing, they agreed to let the state finish the road, but keep the heavy weight traffic off.
Anyway, I got stopped, "prohibited vehicle on parkway". I went to court, armed with pictures of the bus, signs on the entrance ramp, & copy of statutes. The signs clearly say "Trucks over 9000# prohibited". Also had pics of signs at a restricted bridge on another road, " Gross Weight Limit 5000#. Trucks & Busses Prohibited". Told the judge that the state is specific with its signs. Then read the definitions page in the book. " a truck is a vehicle designed & operated to transport cargo. A bus is a vehicle designed & operated to transport passengers". The sign on the road in question says nothing about busses being prohibited. Suddenly the prosecutor moved for dismissal, & the judge agreed. Dismissed!
Then the judge asked, "Just for my personal information, how heavy is that bus?" I replied, "about 27000 empty". He just smiled & told me to go ahead & run it, but watch the reduced speed in that area.
Willie
p.s. That section of I-35E lay completed except for paving for approx 20 years. Seems a bunch of blue noses didn't want all the traffic in their neighborhood. With a bit of shady dealing, they agreed to let the state finish the road, but keep the heavy weight traffic off.
Mark - IN.
Well-known Member
Decades ago when I lived in Chicago I got a ticket for something, showed up in court, the officer that wrote the ticket wasn't there, the judge tossed it out. Same thing months later in Chicago, officer showed up, judge found against me.
Now yesterday the company that I work for got a letter (second notice) that had pictures of a guy that I work with of his work truck up at the light, then around the corner. They say that you can go online and watch a video of your ticket/case to see it all. One of those "photo enforced" intersections that even IF you do stop for the light, traffic clears, you make a legal right on red, photo shows up in the mail...ran a red. In his case, he admitted to it. In my case, I stop for reds, look around and if its a camera intersection, I do NOT turn on red, wait for a green. I don't care if the guy behind me is laying on the horn, if its a police car, ambulance, fire truck with lights and siren on...no turn on red if there's a camera. I will wait for green and so will they. I hear that places that use those cameras are statistically notorious for shortening the yellow to create running red violations...revenue. I also hear that rear ender accidents at those intersections are sky high because of people like me that slam on the brakes to avoid generating revenue from our wallets...police car, ambulance, fire truck, or not.
Mark
Now yesterday the company that I work for got a letter (second notice) that had pictures of a guy that I work with of his work truck up at the light, then around the corner. They say that you can go online and watch a video of your ticket/case to see it all. One of those "photo enforced" intersections that even IF you do stop for the light, traffic clears, you make a legal right on red, photo shows up in the mail...ran a red. In his case, he admitted to it. In my case, I stop for reds, look around and if its a camera intersection, I do NOT turn on red, wait for a green. I don't care if the guy behind me is laying on the horn, if its a police car, ambulance, fire truck with lights and siren on...no turn on red if there's a camera. I will wait for green and so will they. I hear that places that use those cameras are statistically notorious for shortening the yellow to create running red violations...revenue. I also hear that rear ender accidents at those intersections are sky high because of people like me that slam on the brakes to avoid generating revenue from our wallets...police car, ambulance, fire truck, or not.
Mark
Determined
Well-known Member
Old friend told me the story of his brother being charged with taking a deer without a license.
Can't say 100% it happened like the story was told but might be worth a try.
Long story short the morning he was supposed to be in court he called up the courthouse and asked to speak to the officer that had wrote him the ticket, he explained he was in another city and his car had broken down therefore there was no way he could make it to court in time, he pleaded with the officer to have the case postponed to a later date.
The officer point blank told him sucks to be you, if you don't show on time you will automatically be found guilty and ended the call.
Ben was across the street from the courthouse when he made the call and watched the officer leave after which he walked into the courthouse in time for his hearing and had the charges dropped as the officer was not present.
Can't say 100% it happened like the story was told but might be worth a try.
Long story short the morning he was supposed to be in court he called up the courthouse and asked to speak to the officer that had wrote him the ticket, he explained he was in another city and his car had broken down therefore there was no way he could make it to court in time, he pleaded with the officer to have the case postponed to a later date.
The officer point blank told him sucks to be you, if you don't show on time you will automatically be found guilty and ended the call.
Ben was across the street from the courthouse when he made the call and watched the officer leave after which he walked into the courthouse in time for his hearing and had the charges dropped as the officer was not present.
8 for 8 , Speeding, illegal Uturn running red light, failure to complete stop (M/C), following too close, (2mph in traffic jam) Speeding 105 in 35, judge screwed up and offered me traffic school for guilty plea then read the ticket and changed his mind,another I was dressed in suit the officer was dressed in dirty jeans and sweat pants, judge asked me if I was the cop!
Just read every line, word sentence and dates time etc. The officer ALWAYS makes afew mistakes you can home on. Many times they quote the wrong statute.
Just read every line, word sentence and dates time etc. The officer ALWAYS makes afew mistakes you can home on. Many times they quote the wrong statute.
Hoenes
Member
Speaking of red light tickets, last summer I got a "photo" ticket in the mail from the city of Bridgeton, at the St. Louis/Lambert airport area. Yes I was guilty, but it was 4am, and I was running late to pick up my son. No one was around. Besides, I would never do anything un-safe. I decided to make the court date to try to save the 100 dollars. As Mark said,these cameras are a total money grab. This was a 3 way stop, at the bottom of an off ramp off I-70, and the street to the right was a dead end. To the left was the airport. Go fig. The judge didn't have time to deal with me, so he sent me to the prosecutors office backstage. After a short discussion about safety versus revenue, and I brought up the fact that the cities of St. Peters and Wentzville had already taken their cameras down, he let me off.
Beat a speeding ticket and a parking ticket. Speeding ticket, Tennessee Highway patrolman stops me for 68 in a 45, yes I knew there was a 45 MPH zone there but didn't think I was in it anymore. I'm ready to go to court on it, a few days before the court date I'm looking over the ticket, seems old Super Trooper summoned me to appear about 11 months and 15 days before the offense, ticketed me in November but wrote the appearance in January of the same year. I showed up in court on the DAY the ticket said, no one in court, the courtroom is empty. After waiting about a half hour I go and see the clerk of courts, she informs me court is tomorrow and I'll have to come back. I explain I took time off of work and to look at the date on my ticket including the year. She look in the stack of tickets and sees good old Super Trooper changed the date on his ticket. I again explain I can't come back, she agree to call the judge. I left she called me at work about an hour later and said the judge dismissed the ticket. No one ever answered how it was all right for the trooper to alter a summons and present it to the court as factual and authentic. The standard for he legal community in rural Tennessee isn't that high.
Parking ticket- I was visiting the campus of Michigan State University and put my darn quarter in the meter only to find out the meter was broken, left the car there anyway. When I got back I found a ticket, went to the DPS (Department of Public Safety OR Don't Park at State?) and told 'em the meter took my money and didn't give me any time. At the time I was wearing USAF Blues with 1Lt bars, they later withdrew the complaint. After their 9-12-2001 performance I don't have much to do with MSU, when they call asking for money I tell them to go ask Achmed or Ali for money as they seem to like them better than us Military officers, last one that called argued with me that Michigan and Wisconsin don't have a border and that the UP isn't really part of Michigan.
Parking ticket- I was visiting the campus of Michigan State University and put my darn quarter in the meter only to find out the meter was broken, left the car there anyway. When I got back I found a ticket, went to the DPS (Department of Public Safety OR Don't Park at State?) and told 'em the meter took my money and didn't give me any time. At the time I was wearing USAF Blues with 1Lt bars, they later withdrew the complaint. After their 9-12-2001 performance I don't have much to do with MSU, when they call asking for money I tell them to go ask Achmed or Ali for money as they seem to like them better than us Military officers, last one that called argued with me that Michigan and Wisconsin don't have a border and that the UP isn't really part of Michigan.
I've gotten out of several tickets just by being pleasant and owning up to my offense. I've paid several, too.
Once I was approaching this tiny, bad-place-in-the-road village. Didn't even have a traffic light, just a blinking light. Village had two police cars, though. I was about a mile outside the village on a four-lane divided highway. I saw Barney coming toward me on the other side of the highway, and I detected a sudden change in his speed. I watched him cross the median to fall in behind me, maintaining his distance. As I passed the village limits sign, I reduced my speed to the village speed limit. Just as I reached the center of the village as denoted by the blinking yellow light, he closed up and lit me up.
The young cop, dressed in civvies, got out. I said, "Surely you are not going to ticket me for speeding." He said, "You don't consider 73 in a 65 to be speeding?" "It might be but the fact is, I was out of your jurisdiction at the time; I observed the speed limit when I entered your village. You don't have the authority to ticket me." He responded, 'Well, maybe I don't, but the Sheriff's Office does." I said, "Well, call 'em."
He took my license and went to his car and got on the radio. After a long conversation, he got out of his car, handed me my license and said, "Mr. Spears, consider this your lucky day." Obviously the Sheriff's Office told him what he could do with his ticket."
,
.
Once I was approaching this tiny, bad-place-in-the-road village. Didn't even have a traffic light, just a blinking light. Village had two police cars, though. I was about a mile outside the village on a four-lane divided highway. I saw Barney coming toward me on the other side of the highway, and I detected a sudden change in his speed. I watched him cross the median to fall in behind me, maintaining his distance. As I passed the village limits sign, I reduced my speed to the village speed limit. Just as I reached the center of the village as denoted by the blinking yellow light, he closed up and lit me up.
The young cop, dressed in civvies, got out. I said, "Surely you are not going to ticket me for speeding." He said, "You don't consider 73 in a 65 to be speeding?" "It might be but the fact is, I was out of your jurisdiction at the time; I observed the speed limit when I entered your village. You don't have the authority to ticket me." He responded, 'Well, maybe I don't, but the Sheriff's Office does." I said, "Well, call 'em."
He took my license and went to his car and got on the radio. After a long conversation, he got out of his car, handed me my license and said, "Mr. Spears, consider this your lucky day." Obviously the Sheriff's Office told him what he could do with his ticket."
,
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I've had many people challenge tickets I wrote. Usually they lost. Occasionally they won, but usually that was when they had a lawyer that could confuse the judge or jury by twisting facts. It depended on the judge, some local justices were dumber than a box of rocks. Personally, if it was a speeding or other moving violation I didn't much care if they got out of it or not. A ticket from an accident was something else and those I would argue to death. Equipment tickets in my state, if you can't follow the procedure to get out of one then you deserve it because it's made so you can fix it and forget it. Only lost one DWI in 20 plus years and I firmly believe that was the result of a Judge and Attorney colluding and the DA's office failing to provide the support I needed by failing to even show up.
If you truly believe you've been wrongly ticketed then get all the facts (not your opinion) together that prove you weren't at fault and present them in court. Mistakes happen. But don't assume that just because you don't think you were doing 78, that you might have been doing 70 in a 55, means you'll win. Go in and present your case and any mitigating factors and you might get the judges sympathy and a lower fine even if you are found guilty. If you do, good for you!
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