Can I dispute this traffic ticket in court (and get off)?

Stupified

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Oct 18, 2011
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My little run in with the law happened last month; my court date is next week.


I'm driving down the interstate at about 9:30 one morning and suddenly all of the cars in front of me start hitting the brakes. Assuming there was a wreck, I hit my flashers and followed suit. I can't see anything in front of me other than the back of the vehicle that I'm directly behind, but we're moving about 30 MPH. At this point we're all in the right hand lane, and I finally see a police car in the left lane up ahead. We start slowing down and I see this guy in a reflective yellow raincoat - who turned out to be the police officer - a few car lengths in front of me start walking over to our line of cars. Everybody slows down some more and he waves us over to the shoulder of the road (he's now standing the right hand lane). When the car directly in front of me draws near him, he puts out a hand as if telling him to stop. The guy slows down to a crawl and then the police officer, who I didn't know was even an officer at the time, waves him through and then turns his back on me. So I thought he just wanted the line to go slowly and I follow the car past him.

A little further ahead there are two tow trucks, and I see that they were trying to turn around in the road and head back the way they came. After I passed they began turning around and I see in my mirror that the police officer was standing directly in front of the truck that was behind me in line, not letting him past. I was thinking "Damn, was I supposed to stop?" but didn't really worry about it since the tow trucks got turned around and everyone was going on their merry way. Thirty seconds later I'm back to cruising at 70 MPH, and I see Trooper Hardcock roaring along behind me, blue lights flashing. He gets right behind me, and I let out a long stream of expletives and pull over on the shoulder. When we're stopped this guy comes huffing up to my window and begins speaking aggressively loud at me like angry troopers are wont to do. I try explaining to him that I didn't understand what he wanted me to do until after I had already past him. He goes back to his car to start running my shit through the database. At that point I obviously released this guy was going to book me for not following his orders, and I'm fairly incredulous.

Anyway, at the end of all this - regardless of my attempts to explain my behavior to him - I get a citation written up as "Failure to obey traffic instructions." He sticks his clipboard in my face and tells me to sign the bottom (at which point I feel the need to make him clarify what I'm actually signing). He tells me my court date and that I'll just have to go to driving school. He does not tell me what time court is or how much the ticket and court cost will be.

Now guys, I swear upon my mother's future grave that I did not realize that officer was telling me to stop. What am I supposed to think when he waves the car in front of me through and then turns his back to me? His instructions were so unclear and ambiguous! I really don't want to pay for, or attend, traffic school for this bullshit. I know that getting a case dismissed via a "your word against his" argument is an steep uphill battle, but if there's any chance I can get the judge to waive this I'm going to try. And if I do have a chance, how do I best go about disputing it?

Another Q: By signing the ticket, I agreed to appear in court on that date, if not a warrant blah blah blah. However can I not simply mail in the ticket payment?
 
Don't mail in the ticket payment. What are the points attributed to "Failure to obey traffic instructions" in your state? If so you may be paying over what a simple citation will be. Simply meet with the D.A. and tell him that the "instructions" were ambiguous. It'll be reduced to either a dismissal or pleaded to an improper equiptment (headlight out etc.). Depends on how tough you want to be on it.
 
My little run in with the law happened last month; my court date is next week.


I'm driving down the interstate at about 9:30 one morning and suddenly all of the cars in front of me start hitting the brakes. Assuming there was a wreck, I hit my flashers and followed suit. I can't see anything in front of me other than the back of the vehicle that I'm directly behind, but we're moving about 30 MPH. At this point we're all in the right hand lane, and I finally see a police car in the left lane up ahead. We start slowing down and I see this guy in a reflective yellow raincoat - who turned out to be the police officer - a few car lengths in front of me start walking over to our line of cars. Everybody slows down some more and he waves us over to the shoulder of the road (he's now standing the right hand lane). When the car directly in front of me draws near him, he puts out a hand as if telling him to stop. The guy slows down to a crawl and then the police officer, who I didn't know was even an officer at the time, waves him through and then turns his back on me. So I thought he just wanted the line to go slowly and I follow the car past him.

A little further ahead there are two tow trucks, and I see that they were trying to turn around in the road and head back the way they came. After I passed they began turning around and I see in my mirror that the police officer was standing directly in front of the truck that was behind me in line, not letting him past. I was thinking "Damn, was I supposed to stop?" but didn't really worry about it since the tow trucks got turned around and everyone was going on their merry way. Thirty seconds later I'm back to cruising at 70 MPH, and I see Trooper Hardcock roaring along behind me, blue lights flashing. He gets right behind me, and I let out a long stream of expletives and pull over on the shoulder. When we're stopped this guy comes huffing up to my window and begins speaking aggressively loud at me like angry troopers are wont to do. I try explaining to him that I didn't understand what he wanted me to do until after I had already past him. He goes back to his car to start running my shit through the database. At that point I obviously released this guy was going to book me for not following his orders, and I'm fairly incredulous.

Anyway, at the end of all this - regardless of my attempts to explain my behavior to him - I get a citation written up as "Failure to obey traffic instructions." He sticks his clipboard in my face and tells me to sign the bottom (at which point I feel the need to make him clarify what I'm actually signing). He tells me my court date and that I'll just have to go to driving school. He does not tell me what time court is or how much the ticket and court cost will be.

Now guys, I swear upon my mother's future grave that I did not realize that officer was telling me to stop. What am I supposed to think when he waves the car in front of me through and then turns his back to me? His instructions were so unclear and ambiguous! I really don't want to pay for, or attend, traffic school for this bullshit. I know that getting a case dismissed via a "your word against his" argument is an steep uphill battle, but if there's any chance I can get the judge to waive this I'm going to try. And if I do have a chance, how do I best go about disputing it?

Another Q: By signing the ticket, I agreed to appear in court on that date, if not a warrant blah blah blah. However can I not simply mail in the ticket payment?

you will get a mailing which says you can pay and usually that's the end of it.

"Show up in court" is not showing up in a courtroom, sometimes they send you to a cashier's office to pay the ticket and get it over with, same building, but not meeting a judge unless you reserve a court date or intend to contest it.
 
And if you want to go the easy route, if you don't plan on getting stopped again for a year you can request (and 99.9% likely get without a question) something called a "Prayer for Judgement Continuance" which means they sort of let you off with a warning but if you get another ticket within a year you have to answer for both.

If you have the money though, it's best to run it through a bigshot lawyer ($300 to $500 usually). It'll cost an arm and a leg, but most of those guys are friends with the DA's and they can just wink wink nod nod chit-chat with the DA over lunch and the whole thing goes away without you even having to go to court.
 
Don't mail in the ticket payment. What are the points attributed to "Failure to obey traffic instructions" in your state? .

4 points out of a possible 12/year.

If you have the money though, it's best to run it through a bigshot lawyer ($300 to $500 usually). It'll cost an arm and a leg, but most of those guys are friends with the DA's and they can just wink wink nod nod chit-chat with the DA over lunch and the whole thing goes away without you even having to go to court.

I'd rather just pay the court cost/traffic school fees then. It happened in a medium sized city with low fees (as opposed to small town speeding tickets that will climb to $150+ around here); it's mostly just a pain in the ass to have to drive home from my university to attend traffic school.
 
Depending on what state you are in you can do a trial by written declaration, where you can submit a statement and any evidence you might have to support your not guilty assertion. I wouldn't just pay them, you have a decent argument. In California, even if the trial by written declaration doesn't go your way, you can still file for a trial de novo where you make a court appearance with a lawyer (in most cases.) It depends how far you are willing to go with it.

You can pay and be done or assert your rights as a citizen. Call a lawyer, at the very least you will get some advice just talking to them.

In some cases, you could file by a written declaration and the officer fails to respond, the case gets dismissed.
 
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My little run in with the law happened last month; my court date is next week.


I'm driving down the interstate at about 9:30 one morning and suddenly all of the cars in front of me start hitting the brakes. Assuming there was a wreck, I hit my flashers and followed suit. I can't see anything in front of me other than the back of the vehicle that I'm directly behind, but we're moving about 30 MPH. At this point we're all in the right hand lane, and I finally see a police car in the left lane up ahead. We start slowing down and I see this guy in a reflective yellow raincoat - who turned out to be the police officer - a few car lengths in front of me start walking over to our line of cars. Everybody slows down some more and he waves us over to the shoulder of the road (he's now standing the right hand lane). When the car directly in front of me draws near him, he puts out a hand as if telling him to stop. The guy slows down to a crawl and then the police officer, who I didn't know was even an officer at the time, waves him through and then turns his back on me. So I thought he just wanted the line to go slowly and I follow the car past him.

A little further ahead there are two tow trucks, and I see that they were trying to turn around in the road and head back the way they came. After I passed they began turning around and I see in my mirror that the police officer was standing directly in front of the truck that was behind me in line, not letting him past. I was thinking "Damn, was I supposed to stop?" but didn't really worry about it since the tow trucks got turned around and everyone was going on their merry way. Thirty seconds later I'm back to cruising at 70 MPH, and I see Trooper Hardcock roaring along behind me, blue lights flashing. He gets right behind me, and I let out a long stream of expletives and pull over on the shoulder. When we're stopped this guy comes huffing up to my window and begins speaking aggressively loud at me like angry troopers are wont to do. I try explaining to him that I didn't understand what he wanted me to do until after I had already past him. He goes back to his car to start running my shit through the database. At that point I obviously released this guy was going to book me for not following his orders, and I'm fairly incredulous.

Anyway, at the end of all this - regardless of my attempts to explain my behavior to him - I get a citation written up as "Failure to obey traffic instructions." He sticks his clipboard in my face and tells me to sign the bottom (at which point I feel the need to make him clarify what I'm actually signing). He tells me my court date and that I'll just have to go to driving school. He does not tell me what time court is or how much the ticket and court cost will be.

Now guys, I swear upon my mother's future grave that I did not realize that officer was telling me to stop. What am I supposed to think when he waves the car in front of me through and then turns his back to me? His instructions were so unclear and ambiguous! I really don't want to pay for, or attend, traffic school for this bullshit. I know that getting a case dismissed via a "your word against his" argument is an steep uphill battle, but if there's any chance I can get the judge to waive this I'm going to try. And if I do have a chance, how do I best go about disputing it?

Another Q: By signing the ticket, I agreed to appear in court on that date, if not a warrant blah blah blah. However can I not simply mail in the ticket payment?
You could always try my favorite standby. File a motion in court, preferably in writing for a motion to dismiss due to lack of jurisdiction. The claim works like this. You were NOT driving, orperating a motor vehicle, or attempting to conduct business of any sort, you were TRAVELLING. The constitution assigns the right to travel as one of the god-given rights protected by the constitution. As such, a traffic court, in proper order has no jurisdiction to rule contratily to the constitution, and therefor the charges and all associated fees and fines should be dropped with prejudice against said charges, claims of offenses, fees, and fines. There is stuff on line that contains US case law to support this claim as a matter of right, just google it or yahoo it, whatever. As long as you do not waiver on your right to TRAVEL and claim that you were a TRAVELLING and nothing else, it is a solid legal argument. You can even file the disclaimer at the end that you honestly misunderstood the officer, and since there were no roadsigns, that it was ultimately HIS responsibility to make his intentions clear.
 
I would go to court and fight it. The chances are he will not show up and you will win via default judgement. He will have to prove that communicated instructions to you in a clear way were a reasonable person understands. The fact that he tried to stop the car in front of you first shows his commands were not clear. You definitely have a case. I had a similar experience once. At a traffic collision I was approaching I had an officer in the street. I was probably doing 10 mph. He was waiving his light at me and as I rolled passed he yelled at me. I told him I have no idea what you wanted me to do...I thought you were waiving me through.

Tell the judge you are not a mind reader.
 
I'd rather just pay the court cost/traffic school fees then. It happened in a medium sized city with low fees (as opposed to small town speeding tickets that will climb to $150+ around here); it's mostly just a pain in the ass to have to drive home from my university to attend traffic school.

The last ticket I got a ticket (a 2-3 years ago) they had the option where I could take the traffic school course online. It was like $20 extra, but allowed me to complete the easy reading and tests from the comfort of my home.
 
I would go to court and fight it. The chances are he will not show up and you will win via default judgement. He will have to prove that communicated instructions to you in a clear way were a reasonable person understands. The fact that he tried to stop the car in front of you first shows his commands were not clear. You definitely have a case. I had a similar experience once. At a traffic collision I was approaching I had an officer in the street. I was probably doing 10 mph. He was waiving his light at me and as I rolled passed he yelled at me. I told him I have no idea what you wanted me to do...I thought you were waiving me through.

Tell the judge you are not a mind reader.

If you go to court and the officer doesn't show up, you have to say "motion to dismiss to the judge." Better find out if the officer used a video recording device of any kind during this stop. Finally, if the cop shows up and you aren't sure of your case, you could ask for a continuance in order to retain counsel.
 
Do you have copy of that "ticket" or any written record?
Do you got any witnesses?
Did you had any previous trafic related incidents?
Did you ask for that officer record?
Ask from police department all evidance.
Police officer, who I didn't know was even an officer at the time? Was he in civil? Not wearing uniform?




If all what you wrote is true then you are not guilty.

Plead not guilty by mail(request a Trial by Written Declaration)!!!!! If you are not getting lawyer this is what I would recomend... Courtroom is not your "natural habitat" and you would be in disadvantage there. If you plead not guilty by mail they cant trick you or pull you in their games.
If the prosecution does not submit their response in writing to the court you will win. This is likley end to that because cops usually dont get paid to do all the paperwork in Trial by Written Declaration and dont like to "waste time" on this. ...while they usually get paid substantial money to show in court.

My second option(like someone mentioned it):
Prayer for Judgement Continuance

Also check out does your state got "Trial de Novo".
 
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