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View Full Version : If you continually plead not guilty to a traffic violation...


KSOT
10-19-2005, 11:28 PM
...what happens?

I know that usually when you do it the first time, the cop offers you a reduction of some sort, and almost everybody takes it. But what happens if you refuse it? I'm assuming the answer is, you go to trial and lose because it's your word against the cop's. But I wanted to check and see if anyone has experience with this to make sure it's not worth trying.

Some jerkwad just gave me a ticket for "following too closely" when a row of about 10 cars were all going under 10 MPH. He was so rude and obnoxious about the whole thing. I am so mad. I reeeeaaalllly want to put up a fight for this one if I can...

man
10-19-2005, 11:32 PM
if the time that you spend preparing and arguing your case is worth the satisfaction you will find in the expectation of socking it to this dude, then go for it. I'm guessing your chances are lower than 50%, so if you want to fight it out for that $25, go for it champ, be a citizen. stand up to the man. we're all behind you.

actually on second thought you should probably just drop it.

PoBoy321
10-19-2005, 11:33 PM
1) The cop doesn't offer you a reduction, the DA does.

2) I wouldn't try to fight this. Even if it was a kind of ridiculous ticket, it's still valid and it still stands. If you're offered a reduction, which you most likely will be, take it. Just make sure you don't get any points on your license.

KSOT
10-19-2005, 11:58 PM
[ QUOTE ]
if you want to fight it out for that $25, go for it champ,

[/ QUOTE ]

I don't know how it works where you live, but here every time I've been offered any type of reduction on a ticket, I still had to pay $100 on average. The lowest I recall was $70.

HtotheNootch
10-20-2005, 12:11 AM
You can beat tickets if you want. You might think it's "your word against the cops", but that might actually work in your favor if you live in the right area. Judges know that cops have quotas, and there's some BS in there. If it's a matter of principle, then by all means fight.

In my lawyer days, my former boss advertised himself as an expert in traffic violations. He was actually since he was a leadfoot, and pretty damn reckless. I took a few cases to the "My client is prepared to fight" stage, and most of the time the officer backed down. If not he offered a sweetheart deal. I never went to trial, but my boss took a couple.

Look around on the net, there's info for fighting tickets. There're also books, but they're pricey.

Before you fight remember the following:

1) Know your jurisdiction;
2) Have a happy result in mind; and MOST IMPORTANTLY
3) Decide how much the fight is worth. Lawyers know that matters of "principle"=$$$$$.

peachy
10-20-2005, 12:13 AM
if u dont take it ur going to court and unless u want to pay a lawyer more than ur fine is going to be u will more than likely lose, cops know these judges - they see them alot and even if u are 100% correct and the cop is WAY wrong (unless u have a lawyer) theres noway they are gonna drop it - and now on top of the FULL fee u have to also pay a "apperance before a judge" fee...hahah have fun!

10-20-2005, 12:44 AM
At least in Iowa, the court fees are included with the ticket whether you go or not. I'm went to fight my ticket because it was $120 bucks and I had nothing else to do this summer. When I went there, basically hoping to have a lazy cop not show up to argue against me, I got lucky and he wasn't there.
Instead of getting off scot free, which I hoped would happen, the court date simply set another day for an official trial.

At this point, I want to beat the system. I put on my suit and do my best Will Hunting impression. After the issuing officer writes takes the stand and says the DA finishes questioning him, it is my turn to cross examine. I quote testimony about being radioed my speed 3 times by the air support, and confirm that the air guy exists, and ask for his name.

When it is my turn to call witnesses, I say it is my constitutional right to be confronted with all witnesses against me, so I would like the air support officer to take the stand. With my luckbox running on full power, he is not in attendance today, only the issuing officer showed up.

I suggest that since the prosecution can not present all witnesses againt me, the charges should be dropped. At this point the DA, request a recess so that he can find the air cop and bring him to the trial. (It was rural Iowa, those farm guys are nuts). At this point I bring up that it is my constitutional right to a fair and speedy trial, and taking a recess every time the DA screws up his case is not fair to me and is definitely not speedy. At this point the DA gives up and drops the charges and I make $100, as I only had to pay the $20 court costs on my 120 ticket.

I fought the law, and the law got LOST.
SHIP IT BATCH

10-20-2005, 12:49 AM
[ QUOTE ]
At least in Iowa, the court fees are included with the ticket whether you go or not. I'm went to fight my ticket because it was $120 bucks and I had nothing else to do this summer. When I went there, basically hoping to have a lazy cop not show up to argue against me, I got lucky and he wasn't there.
Instead of getting off scot free, which I hoped would happen, the court date simply set another day for an official trial.

At this point, I want to beat the system. I put on my suit and do my best Will Hunting impression. After the issuing officer writes takes the stand and says the DA finishes questioning him, it is my turn to cross examine. I quote testimony about being radioed my speed 3 times by the air support, and confirm that the air guy exists, and ask for his name.

When it is my turn to call witnesses, I say it is my constitutional right to be confronted with all witnesses against me, so I would like the air support officer to take the stand. With my luckbox running on full power, he is not in attendance today, only the issuing officer showed up.

I suggest that since the prosecution can not present all witnesses againt me, the charges should be dropped. At this point the DA, request a recess so that he can find the air cop and bring him to the trial. (It was rural Iowa, those farm guys are nuts). At this point I bring up that it is my constitutional right to a fair and speedy trial, and taking a recess every time the DA screws up his case is not fair to me and is definitely not speedy. At this point the DA gives up and drops the charges and I make $100, as I only had to pay the $20 court costs on my 120 ticket.

I fought the law, and the law got LOST.
SHIP IT BATCH

[/ QUOTE ]

Awesome.

man
10-20-2005, 12:56 AM
[ QUOTE ]
I don't know how it works where you live, but here every time I've been offered any type of reduction on a ticket, I still had to pay $100 on average. The lowest I recall was $70.

[/ QUOTE ]
that sounds about right. I was actually talking about the expected value of a reduction, rather than the value of the reduction itself, which in your case would be a lot more than $25. anyway my point is that it'd probably be higher value for you to forget about it entirely and pay the ticket in full.. as much as it sucks in principle.