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Traffic Ticket advice

  • Thread starter Thread starter stangdude2000
  • Start date Start date Nov 8, 2010

stangdude2000

Founding Member
Jun 23, 2001
1,727
0
0
Northern VA
Nov 8, 2010
#1
  • Nov 8, 2010
  • #1
Hey guys, I was hoping you all could give me some advice for a traffic ticket I got. Here was the scenario:
I stopped off at my friend's house to drop something off. He lives on a quiet street that branches off a main road. I don't normally drive there, as he only lives a couple blocks from me, but I was on my way out the door anyway. Needless to say, I continued on my way, turned onto another side street to get back to another main road. As it turns out, the street I turned on to is a two way road - there is parking on both sides of the street all the way to where it runs into the T-intersection with the main road. Once I got to the end of the side street (direction I was going), I saw a Do Not Enter sign preventing me from going onto the main road. There is no clear reason why it is there - there are no obstructions to vision on the intersection, the road doesn't narrow at all, and the route wouldn't logically be used as a cut-through for general traffic. With a combination of me being lazy and not turning around and deciding it would be safer to ignore the signs and make my turn rather than do a 3 point turn right in the middle of the road just before a corner, I continued on my way.

As you might imagine, a motorcycle cop just happened to be hiding and watching the intersection. The officer seriously had the summons for failing to obey a traffic sign written before he even pulled me over - he must have just pre-filled it and wrote my license plate and driver's license number on the summons at my window, as the whole thing was done in less than 15 seconds. He had no interest in hearing any reason or explanation. He actually didn't even run my license or plate during the whole thing, so he would've had no idea if my license was suspended or if I had warrants for my arrest, or anything.

Basically, I have to go to traffic court on Friday. I have literally nothing else on my driving record - not even a warning. I do not care about paying the fine, but I really want to avoid the points. I know I can take some course to have the points removed, but I'd like to avoid that if at all possible. When I go to court, should I plead guilty and ask for compassion from the court, or should I plead not-guilty? I find it somewhat difficult to plead not-guilty as I know that I did ignore the traffic sign. I really have absolutely no clue how traffic court works, so any advice or suggestions would be appreciated!
 

AvalancheSVT

10 Year Member
Jun 12, 2005
573
37
49
Nov 8, 2010
#2
  • Nov 8, 2010
  • #2
before some idiot gets in here and says "just pay the ticket you did wrong" here are some options in the order that i do them:

1. deferred adjudication. its like probation. you pay money but if you dont get busted for 1-3-6 months (sometimes even a year, it varies depending on city and department) it goes away. if you do get caught doing something again you get that ticket + the next one
2. defensive driving. its number 2 because most places only let you do this once a year and its statewide
3. show up in court hoping the cop doesn't show
4. if he does show you can plead your case and maybe cut a deal
5. pay the ticket
 
S

stanmckinney

10 Year Member
Mar 30, 2005
1,188
5
49
Nov 8, 2010
#3
  • Nov 8, 2010
  • #3
If you are politically connected in anyway, someone might be able to help you get it deferred. If you have no more tickets for a year, you would be OK.
But call me an idiot, just pay the ticket.
 

stangdude2000

Founding Member
Jun 23, 2001
1,727
0
0
Northern VA
Nov 8, 2010
#4
  • Nov 8, 2010
  • #4
I really have no issue paying the ticket, but I don't want to take the insurance hit. That'll be much worse than the cost of the ticket itself... FWIW, it actually isn't even a ticket, but a summons. I don't even have information on how much the fine is, and won't until court.

These deferred adjudications that have been mentioned - how does one typically get that? I'm not politically connected (go figure, living in DC area). Do you plead guilty and hope the judge/magistrate is having a good day or do you plead not-guilty and ask for it?
 
K

kyle_99gt

Member
Nov 4, 2008
166
1
16
Nov 8, 2010
#5
  • Nov 8, 2010
  • #5
well my advice would be go to the court, hope the cop doesnt show up. If he does show up just plead your case. You might get lucky, worst case is you end up paying anyway.
 

AvalancheSVT

10 Year Member
Jun 12, 2005
573
37
49
Nov 8, 2010
#6
  • Nov 8, 2010
  • #6
stanmckinney said:
If you are politically connected in anyway, someone might be able to help you get it deferred. If you have no more tickets for a year, you would be OK.
But call me an idiot, just pay the ticket.
Click to expand...

defered adjudication isn't a hookup thing. i've had it done countless times in many areas and most courts do it a little different but you just have to ask for it.
 

airborne89

New Member
Nov 4, 2010
3
0
0
Peoria, AZ
Nov 8, 2010
#7
  • Nov 8, 2010
  • #7
kyle_99gt said:
well my advice would be go to the court, hope the cop doesnt show up. If he does show up just plead your case. You might get lucky, worst case is you end up paying anyway.
Click to expand...

If it's a motorcycle officer, he's going to show up. Trust me those guys live for running traffic and going to court.

He may have had the ticket prefilled out because of complaints from the neighborhood of people doing exactly what you did. I'm sure he ran your license and name too. That's standard, every rookie does it so a motor would.

Not sure what they have in VA but in North Carolina when I lived there they had a prayer for judgement. Basically you admit to doing wrong and ask the court to defer judgement and if you're good for a year it goes away. I've seen people get a couple prayers for judgement a year because the court doesn't keep track and the officer usually doesn't bring your record to court.

Either way good luck.
 

SweetSandMan

New Member
May 25, 2010
2
0
0
Nov 9, 2010
#8
  • Nov 9, 2010
  • #8
Go to court, plead not guilty so that you have to go back and plead your case, then when you go back and they have that attorney guy (or whoever he is) come talk to you, just say that you'd appreciate it if they can reduce the ticket to a non traffic violation for points reasons. Odds are they will gladly oblige as all they want is some money and could care less about the outcome of your driving record. Did this a while back (about 5 years ago) and they reduced it to a "faulty muffler" ticket (this was when I had a '99 Grand Am with the stock exhaust), that way they get some money from you, and you don't get points on your license...it's a win win The only downside is that you have to go to court twice
 
T

TicketRed03

New Member
Sep 17, 2003
1
0
0
Nov 11, 2010
#9
  • Nov 11, 2010
  • #9
Since your main concern is insurance, are you able to take traffic school? Here in CA if you plead no contest or guilty and haven't been to traffic school in the last 18 months from the day of your first citation, you get 8 hour traffic school. If you have had 8 hour traffic school, you may be eligable for 12 hour traffic school.

Also in CA, if you are eligable for traffic school and request before your trial, you are guarantee'd to get it. If you go to trial and loose, its up to the descretion of the judge. Hit or miss if you get it. Obviously they do this to save time. In my experience, its about 50-50. I have even heard judge's ask the cops after they win if the violator should get traffic court.

Side note, in LA area, its likely a motor will check the status of your license but not check you for warrants. They primary mission is traffic enforcement. He probably has written so many tickets at that sign, he has laminated photo's of the signs and the judges know him by name.

I say go to court. If cop is there, request traffic school if you can and pay the fine
 

Yobi1Kanobi

Member
Apr 9, 2003
559
0
16
Nov 11, 2010
#10
  • Nov 11, 2010
  • #10
Go to court and ask for some sort of lineance.
 

darien87

Member
Jan 30, 2009
132
1
18
Bay area, California
Nov 16, 2010
#11
  • Nov 16, 2010
  • #11
Trial by declaration.

Works for me every time. You basically go to court through the mail. Cops don't like it because it's one more piece of paperwork for them. If you lose, you can still request a Trial de Novo (actual court trial). Then you can go to that and hope that the cop doesn't show. So it gives you 2 chances to win your case.
 
T

TheVat

New Member
Feb 12, 2009
98
0
0
So California
Nov 19, 2010
#12
  • Nov 19, 2010
  • #12
airborne has the best advice. There are a lot of judges and officers who don't take kindly to those who plead not guilty only to then be found guilty and then asking for traffic school. Not directed at the OP here but the best way to avoid getting cited is admitting to the violation when asked why you are being stopped. Ask an officer if that is the best way they will tell you yes. Ask someone who is not an officer and they will tell u to plead the 5th. Good luck and remember if you plead guilty and ask for a reduction (granted its not for blatant disregard of the public and not a chronic traffic violator) or community service the judge and officer will appreciate the honesty and accomidate you.
 
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