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Arbiter
Naked Power Organ



Registered: May 2002
Location:

quote:
Originally posted by OurManFlint
What's the best way to challenge a ticket. I mean, could I just say I was late for work? I know how to challenge the "failed to yeild to an emergency vehical," becuase I was just in an odd area. Is it pretty easy to challenge it so that I wouldn't have to pay anything. I hadf a ticket differed like two years ago, and other than that, I have no record, so what would be the best way to challenge this?


The first thing you need to do is request disclosure from the prosecuting attorney for your case. You should do this as soon as possible, and by registered mail so that you have proof of your request.

They prosecuting attorney is required by law to provide you with all evidence against you, including any and all written or verbal statements made by the officer who issued the ticket which are to be used against you in court. Many times, the prosecuting attorney will be too busy to bother preparing the documents for a traffic ticket and won't provide them. If this happens, you can motion for a dismissal at the beginning of the trial on those grounds, and the judge will be forced to dismiss the case against you.

The prosecuting attorney may mail the documents to you or provide them in court at the trial. If he provides them to you at the trial or by mail very shortly before the trial, you can request an adjournment so that you can prepare your defense based on the disclosure you've received (you should only do this if the officer who issued the ticket is present.) If you receive disclosure in a timely fashion, then you have to hope that the officer doesn't show up. You can still prepare a defense, but it's unlikely that you'll be successful. The only true legal defense in most states is to try to challenge the claim that you were in fact exceeding the posted speed limit. Since you have the evidence against you, you'll also have the information as to how the officer who issued the ticket came to the conclusion that you were in fact speeding. Plan to challenge the accuracy of whatever means he or she used to determine your speed, but don't count on it to work.

What you're really hoping is that either the officer doesn't show up, or that you don't recieve disclosure. It's fairly likely that one of these two things will happen (if you recieve disclosure late, you may get a second chance for the officer to no-show the trial).

Otherwise, you'll probably have to pay up unless you get a very generous judge. I do suggest you challenge any and all tickets you are faced with to the greatest extent legally available to you. You won't win them all, but at least you'll go down fighting if that's what it comes to.

Also, in the future, I do like wwu.punisher's idea about recording your conversations with the police, but if you do that make sure not to let him trick you into saying anything that would hurt your case if it does go to trial: answer all questions with "yes," "no," or "I see" when possible and never give any indication that you're admitting to violating the law (even by 1 mph.)

In any case, good luck. Try not to let the police get you down.

Old Post Aug-16-2005 06:04 
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Lira
Ancient BassAddict



Registered: Nov 2001
Location: Brasilia, Brazil

quote:
Originally posted by DjConfessions
i don't think cops in general are assholes. i would think most of the people that the cops deal with are assholes, so its justififyable that most of the time they don't put up with shit.

Indeed.

It must suck to have to protect a population that usually hates you.


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Old Post Aug-16-2005 06:57  Brazil
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Lira
Ancient BassAddict



Registered: Nov 2001
Location: Brasilia, Brazil

quote:
Originally posted by Nou
there is no real violent crime

I don't want to sound rude but, if the crimes I hear from Japan are not violent, than I don't want to know what violence is

Anime is bad mmmkay.


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Old Post Aug-16-2005 07:14  Brazil
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Rostros
Carbon Sasquatch



Registered: Dec 2001
Location: United Kingdom

In England the trafiic cops are idiots we have speed cameras on every decent stretch of open road, your driving down a country lane, with your music on and sunglasses pushing an easy 60Mph, all of a sudden, Sccreechhhhhh Speed camera 30Mph Area ! wtf theres not a house or school near by, 10 mins later Scccreeechhhh another camera then you think to yourself did it flash ? what if it did ? how much do i have to pay ? will I get banned whats the fricken speed limit in this area ?
Also theres hidden cops trying to catch the average boy racer.
I belive these idiots who cant drive for shiet should get Fined ! also these people who speed to fast and wipe out a whole family.

I have lots of stupid gay arse stories from simaliar circumstances like yours and you will prob laugh.

----My friend was a Car show, lots of Kitted Cars typical scene from Fast & the Furious, hes stuck in a massive traffic que
going no where, he takes of his seat belt, like you would because your doing 0 Mph, A pissed of Traffic Cop on his bike
drives up the side of my friends car and post's a Seat Belt fine through his window and drives on without even speaking to him. Then drives back and post's another one through and says thats for your friend to in the passenger seat. My friend Ripped them up and threw them back at him he got a fine and had to appear in court. lol.

---This happened to my last year, I was driving my GF home very late one night. There was not a car in sight it was a 30Mph Area, I was driving at 40-45Mph, I had my FOG lights on due to the visibility of the road as It was getting quite Foggy. I approach the traffic light signal which turns to Amber im about 15 Metres from the Lights, I could of breaked and skidded into the Junction or I could of gone for it. I drop it into 3rd Gear, Red line'd the mother and sailed through , just as the lights Turned. All of a sudden i had two cop car's chasing me, i was like WTF ! At first i thought there were chasing someone else
but i was the only person on the road, So I eventually stopped. I thought FFS this is all i need.

COP : Excuse me sir please step out of the vehical
ME : Sure
COP : Can i ask you what you just did ?
ME : Sure , I drove thought a set of traffic lights which turned to red.
COP : I suggest you take me seriously. You were speeding and drove through a red light
ME : Nah I didn't I drove through Amber which turned to red the second i was over the line.
COP : Ok. Whatever. Where are you going.
ME : Taking my GF Home,
COP : " Walks over to passenger side door, check my GF is wearing her Seatbelt "
COP: " We also noticed you had no belt on,
ME :" I had just taken it off when i had stopped.
COP : Have you been drinking,
ME : Nope.
COP " Please can i have your licence and insurance details also your name and address.
ME : " I haven't got them on me ! Have you got proof i was speeding ? and hitting a red light
COP : " No we haven't but you were very close " Im giving you a Fine anyways for having the wrong lights on "
ME : " WTF FFS, it's Getting Foggy"
COP : No Its not, there a distraction to other road users "
ME : Whatever give me the producer and fine.
COP : Slow down in future, or you will be paying another fine or maybe your Licence.

" I drove off, and did a massive Wheelspin, kept it under 30Mph, they followed me for 30 mins FFS. waiting for me to screw up. "

MotherFu**kers,. I had to goto a police station next day and show them my insurance, licence and pay the fine,


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Old Post Aug-16-2005 11:40  United Kingdom
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Acton
Like a FCKNG BIRD



Registered: Mar 2002
Location: London

quote:
Originally posted by wwu.punisher
I don't put up with shit from cops. Ever. There's a REALLY simple way to handle the situation.

Keep a tape recorder in your car... and tell the cop as SOON as he gets up to your window that you're going to record your conversation. Then... turn the tape recorder on. Don't be a dick about it. Don't smile at them. Don't show any sign of weakness. Just turn the tape recorder on and set it down on your dashboard.

I've done this three times, and all three times the cops have changed their tone almost immediately. The first two times, they were really nice... still gave me a ticket, but didn't do or say a damn thing otherwise. I think they wrote my name down, too, because neither of them showed up in court when I challenged both tickets and had them both expunged.

The last time I busted out the tape recorder, the cop was like, "What the hell is that for?" My response was simple: "I don't like police. I don't trust police. This is to protect both of us." He raised an eyebrow at me, told me to slow down, and walked back to his car without even checking my license. I had two friends in the car with me at the time... and we laughed the entire way back to campus. (This was late one night early in my senior year of college.)

Seriously... Don't take shit from cops. They aren't NEARLY as powerful as they want you to think that they are.

Ninja Edit: And you should ALWAYS argue tickets... If the cop doesn't show or if you catch a cool judge, you get off without a hitch. (I've done it both times that I was pulled over.)




good work


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Old Post Aug-16-2005 12:09  England
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KilldaDJ
birth.school.trance.death



Registered: Sep 2001
Location: tranceaddict wants to know your location

maybe u should of had a gun in your glove box...

do what u have to do, keep him talking, distract him, get the gun and kill him.


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Old Post Aug-16-2005 12:27 
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euphoria
Moderator



Registered: Sep 2003
Location: New York

quote:
Originally posted by wwu.punisher
I don't put up with shit from cops. Ever. There's a REALLY simple way to handle the situation.

Keep a tape recorder in your car... and tell the cop as SOON as he gets up to your window that you're going to record your conversation. Then... turn the tape recorder on. Don't be a dick about it. Don't smile at them. Don't show any sign of weakness. Just turn the tape recorder on and set it down on your dashboard.

I've done this three times, and all three times the cops have changed their tone almost immediately. The first two times, they were really nice... still gave me a ticket, but didn't do or say a damn thing otherwise. I think they wrote my name down, too, because neither of them showed up in court when I challenged both tickets and had them both expunged.

The last time I busted out the tape recorder, the cop was like, "What the hell is that for?" My response was simple: "I don't like police. I don't trust police. This is to protect both of us." He raised an eyebrow at me, told me to slow down, and walked back to his car without even checking my license. I had two friends in the car with me at the time... and we laughed the entire way back to campus. (This was late one night early in my senior year of college.)

Seriously... Don't take shit from cops. They aren't NEARLY as powerful as they want you to think that they are.

Ninja Edit: And you should ALWAYS argue tickets... If the cop doesn't show or if you catch a cool judge, you get off without a hitch. (I've done it both times that I was pulled over.)


I agree with you 150%, the taperecorder thing is a great idea. I just usually tell them my husband is a lawyer so dont bother giving me a ticket. It works sometimes and other times I use the "girly" thing to my advantage. Depends on the expression of the cop when he approaches the car.


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Old Post Aug-16-2005 13:01  United States
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Lira
Ancient BassAddict



Registered: Nov 2001
Location: Brasilia, Brazil

quote:
Originally posted by ZzZ The Goddess
I use the "girly" thing to my advantage

Heh?


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Old Post Aug-16-2005 14:37  Brazil
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jdat
Jay Van Dat



Registered: Oct 2001
Location: I dont even know

OK you got busted for speeding that part I understand.

But what about Failing to yield for an emergency vehicule?

Was there an emergency vehicle?

Or did he consider the fact you didn't stop immediately that you were trying to get away so he used the arsehole loophole that you didn't yield for an emergency vehicule?


If He the cop was the emergency vehicule you failed to yield to, you should have really just been ticketed for trying to getaway ( whatever the specific wording is ).

I'm not entirely sure but because of what he wrote you could dismiss the ticket due to it being innacurate ( emergency vehicule part )!??

Old Post Aug-16-2005 15:03 
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Mr. Pink
Furiously Happy



Registered: Dec 2003
Location: Atlanta, bitchezzz
Rasta

i hate cops

they are assholes

if any of you TA's are cops

may your penises shrivel up and fall off


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Old Post Aug-16-2005 19:11  Puerto Rico
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LuNaSeA
presque rien



Registered: Apr 2002
Location: Madison, Wisconsin

dude, don't feel bad-

Facts from Daniela's Driving Career Thus Far (Dec. 1998 - Aug. 2005)

26 --> Number of times she has been pulled over since 1998.
105 --> Speed she was going on I-95 on the way back to her uni in Rhode Island (September 2001 in a 1991 Buick Skylark).
400 --> number of US Dollars she had to pay to get her ass out of that ticket with no points.
2 --> Number of times she was court ordered to go to driving School.
0 --> Number of times she actually went.
3 --> Number of tickets incurred in the past 3 months.
1045 --> Total number of US Dollars she had to pay for those three tickets.
4 --> Number of points currently on license.
0 --> Dicks she had to suck to get such a low number of points.


I dont know if anyone can beat that.


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Old Post Aug-16-2005 20:30  Italy
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Mr. Pink
Furiously Happy



Registered: Dec 2003
Location: Atlanta, bitchezzz
Rasta

quote:
Originally posted by LuNaSeA
dude, don't feel bad-

Facts from Daniela's Driving Career Thus Far (Dec. 1998 - Aug. 2005)

26 --> Number of times she has been pulled over since 1998.
105 --> Speed she was going on I-95 on the way back to her uni in Rhode Island (September 2001 in a 1991 Buick Skylark).
400 --> number of US Dollars she had to pay to get her ass out of that ticket with no points.
2 --> Number of times she was court ordered to go to driving School.
0 --> Number of times she actually went.
3 --> Number of tickets incurred in the past 3 months.
1045 --> Total number of US Dollars she had to pay for those three tickets.
4 --> Number of points currently on license.
0 --> Dicks she had to suck to get such a low number of points.


I dont know if anyone can beat that.


LMAO!!!!!!!!!!!!!!!

fukin hi-la-rious


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Old Post Aug-16-2005 20:44  Puerto Rico
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