how to get out of a traffic ticket

Discussion in 'The Bike Cafe' started by katherinejames, Jan 7, 2010.

  1. katherinejames

    katherinejames New Member

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    how to get out of a traffic ticket
    You should fight your ticket because you can. Many people think, “I was given a ticket. There is nothing I can do.” Most people do not fight their ticket and as a result police officers can continue to give tickets that may in some cases be unwarranted. Simply paying the ticket is an admission of guilt and results in the highest fine as well as a stain on your driving record. A mark on your driving record has several implications depending upon your driving history.
     
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  2. tonyzackery

    tonyzackery Well-Known Member

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    Some people...

    How about just obeying the traffic laws? I've heard somewhere 'a gram of prevention is worth a kilo of cure'. How about taking responsibility for one's actions and paying a ticket your'e guilty of? How about not tying up the court's resources fighting a ticket you know you're guilty of? Oh, my mistake, most people aren't guilty of the infraction anyway, right?:rolleyes: Police officers are just getting their jollies when they write traffic tickets, right?:rolleyes:

    I know, I know this reply will generate all kinds of flames from people who've been wronged by "the man". But the officers get it right 99% (IMO) of the time and I can think of many more offenders that drive extremely poorly and will attest that "I've never received a ticket in my 25yrs+ driving"...

    My good deed for the day is done...:D
     
  3. SDMichael

    SDMichael New Member

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    You do realize this is a cycling forum... no one here has a car.
     
  4. cyberlegend1994

    cyberlegend1994 Moderator

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    Some of us do, the OP simply posted this to get a spammy link out, which has since been removed.
     
  5. Froze

    Froze Well-Known Member

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    I have a car...in fact several...I'm a bad bad man.

    Unless you have an attorney your not going to win in traffic court unless the ticket issuing officer doesn't show. The judge 99% of the time will take the word of the officer over yours. You go in to court without representation and you just walked into Kangaroo Court of America.

    Your best defense against a ticket once your pulled over is right when your pulled over! Your attitude and treatment of the officer will make or break you, and the officer is all too willing to break you, but they can make you. Also going fast in a classic car usually gets nothing more then a warning, thus having a classic car is good for avoiding tickets! But being a teenager or twenty something is harmful unless your attitude is nothing but respect and honesty. Cops like funny stories as long as your not being a jackass, if you get them laughing you usually don't get a ticket. Sometimes cops will purposely act like a jackass just to see if you will keep up the respect and being nice to them routine, if you do you'll probably win.

    If you get a ticket and haven't had one in more then 3 years it's usually best to pay it and forget it because most insurance companies don't care about one ticket, but ask your insurance company to make sure. However if you get two tickets in one year then you need to check to see if your state has a program where you can attend a class and get the ticket taken off. In Indiana you can pay the ticket, pay the class cost, and stay clean for one year then the ticket goes away; during that year the ticket is in limbo and insurance companies can't find it, but get another ticket within that year and wham you got two tickets on your record.
     
  6. cyberlegend1994

    cyberlegend1994 Moderator

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    In MA every ticket goes on your record for six years unless successfully appealed, however, if it's a minor violation and your first one in a six-year period you will not get an insurance surcharge but you will lose a credit.
     
  7. Froze

    Froze Well-Known Member

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    Damn, their rough in MA. Will MA auto insurance companies surcharge your insurance if the ticket(s) are over 3 years old? In other words, let's say you have 3 tickets 5 years ago, will your insurance still be high until they drop off after 6 years?
     
  8. robhell

    robhell New Member

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    It's usually worth attempting and it's still up to law enforcement to prove you were speeding. Sure, not speeding in the first place is the easiest way to avoid some tickets, but enforcement is not infallible. I was once cited for not making a complete stop at a stop sign because I didn't put my foot down - apparently the track stand wasn't enough for the guy.

    I think the best way to go is by requesting a jury trial (yeah, they will scare you with court costs and fines if you ask for it). A jury is more likely to agree with and find for you than a judge. It also means more work for the prosecution and it might just encourage them to drop it all together, or offer something lessor (like a deferred adjudication deal). In my case I went to talk to the prosecutor before filing for the jury trial and he decided he didn't want to mess with it and dropped it, and I promised to appear more stopped when I encountered stop signs.
     
  9. jhuskey

    jhuskey Moderator

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    If it is a petty crime then you can't get a jury because of a Supreme Court ruling. What is considered petty is up to each state to determine.
    If elligible the case could be moved to circuit court. If you are not familiar with court proceedings I would not suggest going before a jury without an attorney as you will appear foolish and p.o. the judge. The attorney fees are where the costs really pile up, but if you are a person with a cause and cash, have at it.
     
  10. robhell

    robhell New Member

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    You're right it does depend on your jurisdiction -- summary offenses aren't guaranteed a jury -- but states are free to give them. Petty offenses ARE defined by federal law, in USC Title 18, by the way. It's probably not a good idea to attempt anything you don't familiarize yourself with beforehand, but the risk is pretty low in the case of a minor traffic ticket. There are some good resources for a pro se to get you ready for trial -- I wouldn't eschew the thought of doing it based on an Internet recommendation (I wouldn't make my decision to proceed pro se based on an Internet recommendation either!!).

    Also, attorney's fees may be less than increased insurance fees over the next 3 years. Most initial attorney consultations are free and you can probably work out a flat fee for the representation - competition is fairly high. You'd have to weigh the cost against the potential insurance cost, which is harder to determine because insurance rates can change quite a bit over 3 years. Just don't hire a lawyer off a billboard or a television ad -- those guys are embarrassing.
     
  11. cyberlegend1994

    cyberlegend1994 Moderator

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    If you're a AAA member, they have a benefit that helps with the cost of legal help fighting an unjust traffic ticket.
     
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