taking it to court

[89stangWhiz]

Hey guys. So, first thought was probably that im fighting some speeding ticket. lol, actually not quite.
Quite some time ago, my tires were almost completely bald, and I was coming back from a trip (NJ to MD). On my way back, we got our first rain of the summer. Funny how we are almost flooded now.
Anyway, as we all know, first rain in a long time spells bad things for the road. Plus, bald tires in any rain is a bad thing, so my combination was not good. When i was taking an off ramp, and whoa did I slow down way more than i usually would, I started to hydroplane.
I corrected, and all seemed well, i regained control, and then hit a bad spot and hydroplaned in. So, I went to the right, over a small curb towards the woods. Well, Nothing major happened, i mean i was a bit in the woods, but not even a scratch on my car. The only thing was my antenna got bent.
I couldnt wait the 3 hours for my dad to bring the truck and attempt to pull my car out. I was stuck in the mud, it just rained too hard to back it out. I called 911 and asked for a tow truck. The state trooper came and called the tow, he pulled me out and i just drove away.
Well the state trooper gave me a ticket, i think it says "Failure to slow down in bad weather conditions or something". Well, I had slowed WAY down, the reason for the incident was my bad tires (but she didnt check them). She was not there to see what happened, she has no proof. This actually WAS a time i slowed way down and still ended up hydroplaning.
So, im going to court with this, and was wondering what you guys thought about it? I asked and my father told me not to tell them about my tires. I was thinking of mentioning that they were "at the end of their tread life" not that they were almost bald... I really feel like this ticket is unjustified. If it wasnt for the point on my license I would just pay it.

Daniel

 

[ryan218]

i wouldn't tell them about your tires. that was something he over looked. he could of gave you a ticket for that to for driving a un safe car as they call it. since It has no tread. but since there was none else that saw it its just your word against his word. good luck. but is the ticket really worth the cost of court fee's?

 

[89stangWhiz]

well the price on the ticket isnt the issue so much as I dont want a point on my license.
...Any idea how much I should expect court fees to cost?

 

[5.0 con-vert]

You will get the driving too fast for conditions either way. I don't see you winning. Its like rear ending someone. No matter how much it "wasn't your fault" its your fault. If you luck out you may be able to finagle the no points for insurance purposes reduction, but I think you are hosed as far as the ticket goes. Sorry.

EDIT: And traffic citation court fees usually dont apply since you are seeing the magistrate and not a judge.

 

[bubba-dough]

I know here if the cop doesn't show... whether it is a local, county or state trooper, the ticket is dismissed with nothing to pay at all. Good luck.

 

[89stangWhiz]

You will get the driving too fast for conditions either way. I don't see you winning. Its like rear ending someone. No matter how much it "wasn't your fault" its your fault. If you luck out you may be able to finagle the no points for insurance purposes reduction, but I think you are hosed as far as the ticket goes. Sorry.

EDIT: And traffic citation court fees usually dont apply since you are seeing the magistrate and not a judge.

Thanks for the honesty. If I still have to pay the ticket but manage to get the point taken off for insurance, than I will be a happy man.

 

[89stangWhiz]

I know here if the cop doesn't show... whether it is a local, county or state trooper, the ticket is dismissed with nothing to pay at all. Good luck.

I am really hoping thats true. I didnt know that included from a state trooper. I hope thats true there, and I hope there is no showing of the officer. But im not counting on it.

 

[89Notch]

You won't win, if you have a good driving record I would just talk about that and you don't want the points. You will have to pay the ticket though.

 

[90blacknight]

His word against yours? That's hilarious! He wasn't even there to witness it! I could get off that one so easily, I think. How about, I swerved to avoid a large animal, or someone illegally crossing the road. I can think of a hundred excuses that would hold up. He didn't check your tires so has absolutely no idea as to whether or not your car was safe for the road. Have your mechanic testify to the safe condition of your vehicle and tires. You can get a copy of 911's phone record to prove he showed up only after you called, it if were to get to that point. Man, I'd laugh at that ticket. That's a waste of court's time.

 

[stangzroastrice]

just talk to the prosecutor, they can hook you up with a lesser charge with probably no points. you'll end up paying, but hey no points. if this is in NJ, court fee is like 33 bucks or some ****...

 

[ryan218]

well our court fee's for doing something close to yours was over 800. that's way the front bumper of the 86 has a slight flair to it. a teen driver cut us off (go figure driving a import trying to be speed racer) and there was like 2,000+ in damage done to our mustang. from it. cracked oil pan left front suspension was toast.

but everyone's right. the odds are against you in this one because it was simply that none saw it.

but good luck

 

[90blacknight]

Talk to the prosecutor and pay a lesser charge? I would'nt, that's admitting to being at fault for a charge that could be easily won. Come on guys, the cop wasn't even there, he can only guess at what happened, and not even guess correctly since he didn't inspect the vehicle. All you have to do is provide the judge with a credible story. With no witnesses and no proof on the cop's part, the judge has to dismiss it.

 

[ryan218]

His word against yours? That's hilarious! He wasn't even there to witness it! I could get off that one so easily, I think. How about, I swerved to avoid a large animal, or someone illegally crossing the road. I can think of a hundred excuses that would hold up. He didn't check your tires so has absolutely no idea as to whether or not your car was safe for the road. Have your mechanic testify to the safe condition of your vehicle and tires. You can get a copy of 911's phone record to prove he showed up only after you called, it if were to get to that point. Man, I'd laugh at that ticket. That's a waste of court's time.

yeah his word against her's. he was the first one there and saw the car sitting by the woods. cops like to recreate things in the mind. you know like re create the scene. ( that's there job )and since it was wet his first conclusion is you went around the turn way to fast and lost traction and went off the road.

so its simply that your going to tell him what happend and he is going the tell WHAT HE BELIVES HAPPEND.

but if the cop has no proof that you were driving to fast then the judge will have to dismiss it because he has no evidence on it.


GOOD LUCK WITH WHATEVER YOU DO.

how many points do you have left on your licince though?

 

[89stangWhiz]

hey guys, im liking the responses. 90blacknight, its my idea and hope that it will just be dismissed for that reason, and i feel like its a waste of all of our time dealing with this ticket.

Right now I have 0 points on my license. So, I have all of my points left on my license i guess. I live in MD, and it took place in MD (around Baltimore/Ellicott City).
Thats also a pretty good idea to get the phone record, i might do that.

 

[ryan218]

ok well at least your not on your last point or anything.

but yeah i like the on guys idea. say a dear ran out and you swerved or something like that.

 

[89Notch]

You shouldn't of called 911 for the tow and none of this would of happened...

 

[89stangWhiz]

yeah, I know....in retrospect...

 

[ryan218]

i was going to say that too. but i didn't want to come off as calling you an idiot. i wouldn't of wanted to wait fro 3 hours for my dad to come get me either but i also would of not wanted to get a ticket... should of JUST called a tow truck. 411 for information.

 

[89stangWhiz]

411 is exactly what i was thinking when i made my last post as what I should have done.
What I HAD in mind was using 911 as my 411....I just wanted them to give me a tow number. A long time ago I wrecked my rear axle in my cavalier and the trooper offered me a tow and gave me no ticket, so I guess I just expected that to happen again. I shoulda knoown better

 

[smokin91']

You will get the driving too fast for conditions either way. I don't see you winning. Its like rear ending someone. No matter how much it "wasn't your fault" its your fault. If you luck out you may be able to finagle the no points for insurance purposes reduction, but I think you are hosed as far as the ticket goes. Sorry.

EDIT: And traffic citation court fees usually dont apply since you are seeing the magistrate and not a judge.

NOT TRUE AT ALL! I rear ended someone a few years back and got a following too close ticket. I said **** that ****, im taking it to court and fighting it. My lawyer cost me 500 bucks, he was amazing. He cross examined the people in the Van that I hit made them look like fools on the stand, then the attorney asssigned to prosectute me was bantering me, and was made to apoligize to me by the judge. All in all I rear ended them, it was my fault, ECT ECT but the charge got dropped. Get a good lawyer, they can work miracles!