Whos been to court?
:bsflag:
I got a bogus ticket three weeks ago and I'm going to court to fight it. The lawyers say its an easy win, but its going to cost me some money. A civil infraction/ non moving violation or some shit for 'spectating a street racing event' is what I got. $150 and 3 points. The police tell some me b.s. :hustler: like if you take this to court we can bump your ass up to a criminal offense (redneck cop voice). These evil doers have no evidence, they never questioned any 'racers', and witnessed nothing. I got a solo spectating ticket. I'm going be like can you identify the street racers because it couldn't just been me. Then I'm walking out! I'm actually quite nervous. This is my first time in trouble with the law. Man stuff keeps happening to me and I'm going broke! Anyone ever been to court or beat a ticket like? |
Never had a ticket like that but I've gotten out of plenty of tickets that were BS, just dress nice, go in and RESPECTFULLY state you FACTS to the judge and the cop, ask the right questions, and don't say ANYTHING that might even APPEAR to be an over-exaggeration, all that's gonna do is piss the judge off. You shouldn't even need a lawyer but they never hurt.
Good luck. |
Thanks. Now I need to find out what the right questions are for my case.
I think I might schedule the court date tomorrow. I definitely want to end this. I have all the confidence in the world one on one, but in a court room I'll feel like a little bitch. Should have time to gather myself between now and then though. |
deny everything admit nothing!
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Originally Posted by turotufas
(Post 540625)
Thanks. Now I need to find out what the right questions are for my case.
I think I might schedule the court date tomorrow. I definitely want to end this. I have all the confidence in the world one on one, but in a court room I'll feel like a little bitch. Should have time to gather myself between now and then though. I guess I'd just go in and ask him what exactly he saw you doing, play the dumb card (which it sounds like is going to be easy if there was truly nothign going on) then after he explains the situation point out his lies and go from there |
Originally Posted by Braineack
(Post 540633)
deny everything admit nothing!
Originally Posted by KPLAFIN
(Post 540634)
I guess I'd just go in and ask him what exactly he saw you doing, play the dumb card (which it sounds like is going to be easy if there was truly nothign going on) then after he explains the situation point out his lies and go from there
Thanks a lot man, I'm already feeling more confident than I was about the situation. |
Yea, I guess the only other good advice I have is (although I don't know what you did this time) next time you get pulled over, when he comes up to the window and gives you the "do you know why I pulled you over spiel, say no and wait for his explanation (unless it's obvious that you know like you were doing 75 in a school zone, in whihc case you may want to start begging) then take the ticket if he gives it to you but don't try to talk your way out of it once it's obvious he's made his mind up. you'll just stick out in his mind in court and he'll have more of a personal vendetta of sorts against you and go the extra mile to lie/get your ass convicted.
Hopefully you can understand all that, it's midnight here, and i've been up since 0400.
Originally Posted by turotufas
(Post 540636)
Shit I wish.
Wow thats great advice. Comes with all that experience I guess :giggle:. What dick though. Thanks a lot man, I'm already feeling more confident than I was about the situation. |
What was really going on?
Start by reading the statute that you got cited under (316.191(3)(a)?). Rules of evidence are governed under the civil procedure rules (e.g. hearsay not permitted unless an exception). Read the rules of traffic court. Since the cop is not your witness, you are not forced to ask direct questions (who, what, where, when, why). Instead you get the pleasure of crossing him (declaratory yes/no questions). Get an attorney, OR allow all of us to experience your win/fail by bringing a tape recorder with you, as permitted under rule 6.460(b)! :bigtu: Get an attorney. |
Actually, Legally Blonde is on TBS right now. Watch that instead and you will be just fine.
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I represented myself in a small claims case (I sued someone). I am surprised I didn't piss in my pants in front of the jury - yes, he wanted a jury.
Most of the time if you act civil, say yes officer and yes your honor you will get it reduced. If you want it thrown out (or found not guilty) then best of luck to you... |
Listen to your lawyer and ignore internet advice, except for those telling you to listen to your lawyer.
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Thanks for the words rmcelwee.
Originally Posted by 94mx5red
(Post 540666)
What was really going on?
Originally Posted by 94mx5red
(Post 540666)
Since the cop is not your witness, you are not forced to ask direct questions (who, what, where, when, why). Instead you get the pleasure of crossing him (declaratory yes/no questions).
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Originally Posted by Scuba_Steve
(Post 540691)
Listen to your lawyer and ignore internet advice, except for those telling you to listen to your lawyer.
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Originally Posted by turotufas
(Post 540692)
If I was at fault I would just pay my fine and be glad thats all I got.
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One time I tried to fight a bullshit ticket. I tried to be my own lawyer, and they anally fucked me so hard. They wouldn't even look at my powerpoint I made with pictars of the roads and whatnot. They increased my fine by $130, I don't even know how that's legal.
Needless to say, I left in burnout format, not giving a fuck. |
Walk over an karate chop that bitch ass cop in the throat and tell him to stop harassing you, then piss on the judges robe and then throw your hands up like your holding guns, and yell "WHAT BITCH!" then walk out. Should go smoothly.
<--- Not a lawyer, but bitch cops know not to fuck with me. |
Originally Posted by NA6C-Guy
(Post 540846)
Walk over an karate chop that bitch ass cop in the throat and tell him to stop harassing you, then piss on the judges robe and then throw your hands up like your holding guns, and yell "WHAT BITCH!" then walk out. Should go smoothly.
<--- Not a lawyer, but bitch cops know not to fuck with me. |
The get a lawyer advice is spot on, but get one that deals in chump tickets all the time.
We've got a guy locally that my son has had the pleasure of using for his tickets. This guy works the system. If you actually go to court, it's harder to 'win'. He works the system by constantly rescheduling the court date over a 9-12 month period, trying to hit a date that this ticket is the only court event the cop has on that date. This strategy works better then you might imagine, as many times the cops won't show up for one lousy ticket, and you win by default. Good luck, and let us know how it works out. |
Yeah, Pay the fine or get a lawyer. Ever tried to fight a bullshit speeding ticket where you *KNOW* beyond a doubt there was no speeding on your part?
Judge: What did you Observe? Officer: The defendant was ... and my radar (LIDAR) device read ... as the he was approaching my position. Judge: When was the last time this device was certified? Officer: Immediately after the citation was written along with the previous day. Judge: Congratulations! You've just been buttfucked by the "JUSTICE SYSTEM!" You still have to prove HE is wrong and 9 times out of 10 they're going to believe a fucking cop over what the POPE says. Expect the prosecutor might go to the hassle of pulling your driving record as evidence along with the perfect service record of the cop. See the police and court systems can basically do whatever they want. Literally. Your innocence is bases on your bank accounts size. Just look at OJ in '94.
Originally Posted by jbresee
(Post 540862)
This guy works the system. If you actually go to court, it's harder to 'win'. He works the system by constantly rescheduling the court date over a 9-12 month period, trying to hit a date that this ticket is the only court event the cop has on that date. This strategy works better then you might imagine, as many times the cops won't show up for one lousy ticket, and you win by default.
Good luck, and let us know how it works out. Good luck. Did I mention, pay it or get lawyer? |
wear a suit!!
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Originally Posted by y8s
(Post 540902)
wear a suit!!
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Sometimes the officer wont even show up.
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Can we start a poll yet on whether OP is gonna get screwed or not?
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Originally Posted by 94mx5red
(Post 540699)
Originally Posted by turotufas
(Post 540692)
If I was at fault I would just pay my fine and be glad thats all I got.
Originally Posted by gospeed81
(Post 541097)
Can we start a poll yet on whether OP is gonna get screwed or not?
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I'm taking this to court no matter what. The have no evidence. Lawyers said it should be an easy win and I could represent myself.
If I get fucked then I get fucked. The funny thing is the cops know who's really doing the shit. They just suck at their jobs and they go after people like me. There's a fucking rb26 240 running from cops EVERY FUCKING WEEK, and they know where he lives! I'll point out all of their flaws to the media. My friends dad owns a radio station, shouldn't be a problem. In my case the only evidence they have is. Cop said to me, "I smell burned rubber." No shit mother fucker you just locked your fucking brakes. Thanks to those that gave me good advice. |
Originally Posted by gospeed81
(Post 541097)
Can we start a poll yet on whether OP is gonna get screwed or not?
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PM you.....
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If you can do it without costing you any money - say perhaps you had the morning or afternoon off of work anyways and they don't up your fine then it is good to see the process 1st hand.
I went to court for leaving a tiny dirtbike trailer in front of my house for 1 day (has to be attached to a vehicle by law) and a got a ticket. It was under $100 - I just did not agree with the principle (it was plated and much more readily movable than a locked car). The reason for the law is that if it has to be moved in an emergency it could be a hinderence. Well you can move it with one hand and it blocks nothing. So I thought well lets go see what happens. I wore a suit and was early. The prosecuter asked if I wanted to just plead guilty and pay and I said no thanks. I got to question the bylaw officer and tried to ask him in "in his opinion did the trailer represent a hinderence to an emergency situation" and dont remember the details but he did not answer because my question was not valid or that I asked his opinion. I tried to argue the law was wrong, not if I was guilty or not and that did not work. The judge even told me if the tire was flat on the trailer or if for any other reason I could not move it then there would be leniancy. I told the truth and took my fine like a man, though I disagreed with the principal. Either way it was a good experience and it didn't really cost me any more money. The judge was nice and even said in closing that the fine was probably less that then cost of a motorcross race. I can't remember why I wasn't nervous since I can't stand public speaking. I think that the fact that I did not feel like I had done something criminal, and that I would not get in more trouble that I was ok with representing myself. I did want to yell out as I was examining the bylaw officer " did you order a code red, did you! " but I held back for his and his familys dignity. If everyone that got a ticket went to court the system would be overloaded and the cost of the judge, prosecuter, typist, bailiff etc would never be recovered and the whole system would have to change. (probably more taxes, and bigger fines) |
Originally Posted by turotufas
(Post 541120)
I'm taking this to court no matter what. The have no evidence. Lawyers said it should be an easy win and I could represent myself.
You are still being pretty vague with the facts. It is laughable that law enforcement is doing any work on your case, and even more so that they would find this thread. What statute were you cited under? |
Originally Posted by Landrew
(Post 541154)
If you can do it without costing you any money - say perhaps you had the morning or afternoon off of work anyways and they don't up your fine then it is good to see the process 1st hand.
Originally Posted by 94mx5red
(Post 541181)
You are still being pretty vague with the facts.
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I've been to traffic court many, many times. If it is about the points, hire a lawyer. If it is about the money, the price of the fine and the lawyer are about the same so risk it.
An effective way to find a bargain deal on a traffic attorney is to arrive at court 45 minutes to an hour early, find a lawyer that is already there to defend someone (they are usually easy to spot), and ask them if they can help you too (since they don't have to make a special trip it is gravy money for them). Tell them you are there for two reasons. You are fighting it out of principle because you were the innocent victim of circumstance and you are broke and can't stand to lose the excess cash. Bargain with the lawyer on his price and be sincere in your request for help. Judges are all lawyers. They like to see you put money in the system by hiring one of them. A lawyer (even a cheap one hired at the last minute) will get professional courtesy from the judge that you would never see extended to you alone. Especially in a low-rent court like traffic. There is no major crime hanging out there to be concerned with so the judge can dismiss at will without reservation. If you spend a few hours at traffic court you will see how most anyone who has retained counsel gets treated with kid gloves. Like it or not, that's just how it goes down. In traffic courts here in Florida, your first appearance is typically at a hearing to stand before a judge and enter a plea. No officers will be present. When you plead not guilty you will be assigned a court date. When that day comes you will then face the officer in court. If for any reason you must relate the story of the event (and if you have retained counsel you will likely not need to say anything to get off), you should always speak of the officer in very respectful terms and refer to the event as a misinterpretation or misunderstanding. Often times I have had officers who wrote my tickets speak on MY BEHALF just because I was respectful to them at the time of citation and again in court. I have actually spoken to several of them in court before and after appearing before the judge. One told me he wouldn't have given me the ticket if his boss hadn't been right there because I was so respectful. Another thing to note, when the judge decides to downgrade or throw out the citation or to remove points from the penalty, he will ask if the officer approves of the action (seen this more often than not) and if you've been respectful to the officer throughout, he will agree with the downgrade or dropping and you are golden. If you got mouthy at the site initially or are speaking disrespectfully of the cop in the courtroom he will be less likely to relent. Lastly, some cops are just powerjunkie assholes and so are some judges. Hiring legal counsel will even the field for you. |
Originally Posted by y8s
(Post 540902)
wear a suit!!
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Originally Posted by sixshooter
(Post 541200)
I've been to traffic court many, many times. If it is about the points, hire a lawyer. If it is about the money, the price of the fine and the lawyer are about the same so risk it.
An effective way to find a bargain deal on a traffic attorney is to arrive at court 45 minutes to an hour early, find a lawyer that is already there to defend someone (they are usually easy to spot), and ask them if they can help you too (since they don't have to make a special trip it is gravy money for them). Tell them you are there for two reasons. You are fighting it out of principle because you were the innocent victim of circumstance and you are broke and can't stand to lose the excess cash. Bargain with the lawyer on his price and be sincere in your request for help. Judges are all lawyers. They like to see you put money in the system by hiring one of them. A lawyer (even a cheap one hired at the last minute) will get professional courtesy from the judge that you would never see extended to you alone. Especially in a low-rent court like traffic. There is no major crime hanging out there to be concerned with so the judge can dismiss at will without reservation. If you spend a few hours at traffic court you will see how most anyone who has retained counsel gets treated with kid gloves. Like it or not, that's just how it goes down. In traffic courts here in Florida, your first appearance is typically at a hearing to stand before a judge and enter a plea. No officers will be present. When you plead not guilty you will be assigned a court date. When that day comes you will then face the officer in court. If for any reason you must relate the story of the event (and if you have retained counsel you will likely not need to say anything to get off), you should always speak of the officer in very respectful terms and refer to the event as a misinterpretation or misunderstanding. Often times I have had officers who wrote my tickets speak on MY BEHALF just because I was respectful to them at the time of citation and again in court. I have actually spoken to several of them in court before and after appearing before the judge. One told me he wouldn't have given me the ticket if his boss hadn't been right there because I was so respectful. Another thing to note, when the judge decides to downgrade or throw out the citation or to remove points from the penalty, he will ask if the officer approves of the action (seen this more often than not) and if you've been respectful to the officer throughout, he will agree with the downgrade or dropping and you are golden. If you got mouthy at the site initially or are speaking disrespectfully of the cop in the courtroom he will be less likely to relent. Lastly, some cops are just powerjunkie assholes and so are some judges. Hiring legal counsel will even the field for you. Your advice on hiring a lawyer on the spot to level the field is great. I completely understand. The ones I've talked to so far have told me that it wouldn't be cost effective at around 200-250, so working out a deal would be best. |
Originally Posted by turotufas
(Post 541185)
I'm not trying to convince anyone on here.
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Originally Posted by 94mx5red
(Post 541206)
I was not looking to be convinced. Only trying to help you out.
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NOT GUILTY. NOT GUILTY.
I'm so fucking happy right now. The officer lied during his testimony and he still couldn't screw me over! Thanks to everyone who gave me great advice. |
Details, please!?!?
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I missed this thread the first time through, and would not of had any advice, but congratulations on the verdict.
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Seriously... details. No fun without them.
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You mean the justice system still works? Really?
Good job on the win. And like everyone else said, DETAILS!! |
Seriously bra... details.
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in for details. Did you pay a liar?
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2 Attachment(s)
Thanks yall. No lawyer needed on this one. I'll write in some detail tonight. Edited out my middle name and address to make it look official :giggle:
Attachment 197537 |
Looks like I might get my day in court. At 8pm last night the cop didn't find the humor in me merging onto the highway at 100+ mph. He was behind in traffic a bit, and when he finally caught up to me I had let off and coasted to the speed limit. He nailed me for "Careless Driving", a 4 point violation. I'll plea it down to a 2 point and it will cost me a couple hundred dollars, but I was breaking the law. So, I will not fight it. I have to save up those kharma points! I never saw him until he was on my ass. He said that if I had stayed in it then he would have called ahead, and we would have an entirely different exchange that wasn't so friendly. :laugh:
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Somehow missed this thread.
Originally Posted by turotufas
(Post 541120)
Cop said to me, "I smell burned rubber." No shit mother fucker you just locked your fucking brakes.
What ever happened anyway? |
Originally Posted by rccote
(Post 598852)
I lol'd. What ever happened anyway? |
Police do this shit all day and they're experts at this sort of thing. Hire a lawyer, and a good one if you want it to go away who's actually certified.
I'm currently fighting an "exhibition of acceleration" ticket for heel-towing when exiting the freeway, which is a 4-point ticket and requires $350 per year plus other charges to keep my license...considering I already have a 4mph ticket. Yes, that 4mph is about to cost me about $1,000.00. |
Originally Posted by hustler
(Post 598867)
Police do this shit all day and they're experts at this sort of thing. Hire a lawyer, and a good one if you want it to go away who's actually certified.
I'm currently fighting an "exhibition of acceleration" ticket for heel-towing when exiting the freeway, which is a 4-point ticket and requires $350 per year plus other charges to keep my license...considering I already have a 4mph ticket. Yes, that 4mph is about to cost me about $1,000.00. I once got a 7mph ticket, I would be disgusted with a 4mph. :vash: Fuck da police |
Originally Posted by Bond
(Post 598870)
Tell them it was a "proper exhibition of decceleration", they will buy it.
I once got a 7mph ticket, I would be disgusted with a 4mph. :vash: Fuck da police |
Originally Posted by hustler
(Post 598867)
Police do this shit all day and they're experts at this sort of thing. Hire a lawyer, and a good one if you want it to go away who's actually certified.
I'm currently fighting an "exhibition of acceleration" ticket for heel-towing when exiting the freeway, which is a 4-point ticket and requires $350 per year plus other charges to keep my license...considering I already have a 4mph ticket. Yes, that 4mph is about to cost me about $1,000.00.
Originally Posted by hustler
(Post 598885)
Now that every jurisdiction in the nation is broke, they are writing any and every ticket they can. Also remember that Denton, Dallas, and Lewisville to name a few base their equipment assignments on traffic ticket issuance...the more tickets the cop writes, the newer cars and equipment they get. This is illegal btw, but still the practice everywhere.
I had started thinking about moving to Texas again, and hearing stories like that makes me not want to move to the great state. |
Originally Posted by rugger
(Post 598857)
Two posts up from yours.....looks like he was found "not guilty".
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Originally Posted by shuiend
(Post 598890)
STFU
I had started thinking about moving to Texas again, and hearing stories like that makes me not want to move to the great state. 8-tracks within 5-hours of DFW, 9 with the new F1 track. |
I'll include my quick take on this thread.
So, being a newer member here, none of you know me. That also means that none of you know the woman I'm about to marry is one of the fine folks you talk about "Constantly fucking you over". I LOL a bit at these threads. "I was speeding a got a ticket, what a dick!" Please, if you feel like breaking driving laws, expect the consequences when you get caught and don't whine like a bitch when you get a ticket for exactly what you deserve. To the OP, if you were actually observing a street race and were cited for it, I don't understand the problem. If he was trying to nail you for street racing and you were watching, then it's bullshit and I agree with you fighting it. There are big douche bag cops out there, but most do a decent job and only fuck with you when you break a law, that simple. Quick story, I was doing donuts in a round-about last year and was noticed by the actual sheriff of my county. He pulled me over and asked WTF was I doing!? I told him I wanted to see how much smoke my tires would make. I took my ticket for reckless driving and sat and BS'd with him for a while. I have a pretty easy time getting out of tickets around here, but if I deserve it, I just pay it with no issues. |
Originally Posted by shuiend
(Post 598890)
STFU
I had started thinking about moving to Texas again, and hearing stories like that makes me not want to move to the great state. |
Originally Posted by freakazoid
(Post 598929)
Quick story, I was doing donuts in a round-about last year and was noticed by the actual sheriff of my county. He pulled me over and asked WTF was I doing!? I told him I wanted to see how much smoke my tires would make. I took my ticket for reckless driving and sat and BS'd with him for a while. I have a pretty easy time getting out of tickets around here, but if I deserve it, I just pay it with no issues.
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Okay, I was not doing anything illegal. Google IMV Films and you'll see why people get BS citations like this. They're fucking slogan is "fuck traffic cops". Pusha knows!
In court the officer lied and got caught. I win.
Originally Posted by hustler
(Post 598917)
8-tracks within 5-hours of DFW, 9 with the new F1 track.
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You are still dodging the question, which to me is admitting guilt to the citation. If you were watching street racing of your own free will, you are party to a crime. It is no different then being with your friends and knowing they're about to rob a store or deal some drugs. As I said before, if the cop was trying to nail you on a bunch of fake BS that you truly didn't do, I'm glad you fought it. Corrupt cops make me sick. Still, the fact remains that after you got out of it, you still refuse to be up front about the details.
BTW, I myself am not a law enforcement officer. I did meet my Fiancee at school to become one. I have a damn good understanding of law and a outstanding ability to read people, whether online or in person. |
Originally Posted by Pusha
(Post 598937)
Wait, are you saying you took, paid and pled guilty to the reckless driving ticket or are you just a total dumbass? A reckless driving ticket in the state of Florida is a huge fucking deal.
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Originally Posted by freakazoid
(Post 598954)
You are still dodging the question, which to me is admitting guilt to the citation. If you were watching street racing of your own free will, you are party to a crime. It is no different then being with your friends and knowing they're about to rob a store or deal some drugs. As I said before, if the cop was trying to nail you on a bunch of fake BS that you truly didn't do, I'm glad you fought it. Corrupt cops make me sick. Still, the fact remains that after you got out of it, you still refuse to be up front about the details.
BTW, I myself am not a law enforcement officer. I did meet my Fiancee at school to become one. I have a damn good understanding of law and a outstanding ability to read people, whether online or in person. If you have to say you know how to read people, even on a forum, are you really sure you know how to at all? A real musician never says how good they are, and a good automotive tech never says how quick they can repair a vehicle. Just saying.... |
I smell a law-humper.
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