Contesting a ticket

[Craig]

Has anybody contested a moving violation before? I've always accepted mine in the past...they've been speeding tickets and parking tickets...tonight, a cop says I ran a red light.

I was surprised when he pulled me over, then even more surprised when he said I had run a red light. I know the intersection he said I ran it on. As I approached the light it turned yellow,the pavement was wet, so I kept going; passed the white lines it was still yellow. The light may or may not have been red when I went under the lights. BUT, I chose not to stop because of the wet pavement.

I can't afford a ticket, and don't look forward to my insurance going up. You can't argue with a cop, but it seems unreasonable to me given the driving conditions. Is this worth contesting, or do I just pay it?

What makes me suspect my innocence more is the fact that this was near the University (it's homecoming weekend), and after the ticket, my wife and I saw no less than 7 patrol cars within a 5 block radius...3 of them having cars pulled over with people who looked just as surprised as myself. It is obvious this was a trap area.

 

[ChristianasJourney]

I've never actually contested a ticket, but I know those who have. From the sounds of it, I would contest the ticket...if nothing else, he may reduce the fine. If you, or any part of your car, is in the interesection than that is considered running a red light. The judge will probably ask how you plead, guilty, not guilty, or guilty with an explanation. I would plead...and they tell him the circumstances and why you didn't stop for the yellow light. In MI judges can reduce fines, but if you're guilty that can't take away points...or so they say. And most everyone I know of who takes the time to show up in court for a driving/parking violation gets a reduced fine...even if they're guilty.

 

[Puritan Sailor]

The surest way to drop the fine is to adamantly plead not guilty, respectfully of course. Now, if you are convinced that you are not guilty, then you should have no problem being confident of that before the judge, and hopefully he will see that. Obviously if you think you are guilty, then pay the fine.

 

[Athaleyah]

Definately go to court. And depending on your state, even if you can't get out of the ticket, you can ask for court supervision. Meaning that the violation goes off your record, unless you do something else to get a ticket in the next year. So your insurance isn't affected by this because the ticket doesn't really exist. That is what my husband I had to do recently when we got a ticket where the speed limit dropped where it had not in the past. Though for the county the ticket was issued in, we just had to check the "plead guilty-court supervision" box, no visit to court required. Something to consider.

Edit for spelling.

[Edited on 16-10-2004 by Athaleyah]

 

[ReformedWretch]

I have contested them before. Several things can happen.

1) The cop who gave the ticket doesn't show. If this happens you are let off.

2) You "bargain" with the cop before the court case is called. Most times they either lower the fine, drop the points, or a little of each.

3) You go plead your case and the judge decides.

Most times it's number two.

 

[voided user1]

Remember, arrests and traffic stops look good on a cop's record. The more solid stops they get, the better for their career. So the result is that your might be the marginal situation. If you are convinced you're right, stand up for yourself and plead your case. As long as you show respect for the authorities involved, you have nothing to lose by showing up in court.

 

[Craig]

Thanks guys. I will plead not guilty, then. I don't believe it would have been safe to try to stop.

I am not one to contest with authority, but I believe the officer didn't take the road conditions into account when he should have.

What's really funny (not "ha ha" funny)...there were a ton of cop cars around campus, where the only laws being broken are probably school-sponsored orgies...in my neighborhood: NO COPS. It's just silly how I have to drive with fear, as a law abiding citizen paying taxes supporting the system, while I can see on my own street people collecting government checks and dealing drugs. I am not kidding, either. I could walk 2 blocks south and get some drugs right now if I wanted. Oh well, guess it's time to stick it to those that can support the system.

 

[alwaysreforming]

Craig,

Most likely, the cop will not show up to court and the charge will be immediately dismissed.

However, if you DO have to speak in front of the judge, don't cling too tenaciously to your excuse. I'm sure he will say, "Well, young man, when conditions are rainy outside you should be going LESS than the speed limit, so much so that you should have been able to safely stop should a light change red. If you could not safely stop (as you claim) then you were driving too fast for the road conditions... and the ticket is yours! Enjoy!"

 

[Craig]

I guess I'd respond: "who did the more dangerous thing? The tail end of my car running a red light, or the cop having to turn on his lights and run the red light to get me?"

 

[Puritan Sailor]

Originally posted by Craig
I guess I'd respond: "who did the more dangerous thing? The tail end of my car running a red light, or the cop having to turn on his lights and run the red light to get me?"

I'd still go with the outright denial of guilt. The cop made a "mistake." Don't bring up the other cars pulled over or the driving conditions. Just make it as clear as possible to the judge and make the decision easy for him. My two cents...

 

[Craig]

Thanks. That does make sense, but do I say nothing if the judge asks?

[Edited on 17-10-2004 by Craig]

 

[Puritan Sailor]

Originally posted by Craig
Thanks. That does make sense, but do I say nothing if the judge asks?

[Edited on 17-10-2004 by Craig]

I would say only if he asked. I only stood before a judge once for a ticket and I was guilty so I didn't fight it. Remember, there will probably be hundreds of people there in line waiting to see the same judge and he has to get through as many as possible. Just make it easy for him to say "ok, your innocent" so he can move on to the next one. Hopefully it will work, especially if the cop is not there to discuss it.

[Edited on 17-10-2004 by puritansailor]

 

[inspector]

I got a ticket for speeding last year. I went to court and yes there were probably 50+ people there. The judge will not talk to every single person, unless you are protesting the ticket, then you have to get a lawyer. They gave me the option of deferred judication, which said that the ticket would be dismissed if I did not get another ticket within the probationary time the judge set. My probationary period was 90 days. You still have to pay the price of the ticket + court cost, but it supposedly does not go on your record.

It is better to pay $125 now than your insurace go up when they find out. At least that has been my experience.

 

[yeutter]

In Michigan you will have the option of a formal and an informal hearing.
Usually it is best to ask for an informal. This will normally be conducted before a magistrate not a judge. You can then appeal the results to a formal hearing.

 

[Abd_Yesua_alMasih]

Originally posted by puritansailor

Originally posted by Craig
Thanks. That does make sense, but do I say nothing if the judge asks?

[Edited on 17-10-2004 by Craig]

I would say only if he asked. I only stood before a judge once for a ticket and I was guilty so I didn't fight it. Remember, there will probably be hundreds of people there in line waiting to see the same judge and he has to get through as many as possible. Just make it easy for him to say "ok, your innocent" so he can move on to the next one. Hopefully it will work, especially if the cop is not there to discuss it.

I agree with the Puritansailor. No sense bringing in more complications than are needed. There are other things the judge could be doing and besides, if he can say your innocent without your excuses then you dont have to stand there so long and waste your own time. You know why you dont think you are guilty - that is sort of what matters (although getting rid of the fine is the key goal...)