juniorbean

iTrader: (5)

Yes, yours truly got a ticket. Not a huge deal though, it was an illegal left turn. Actually, the exact wording is "Failure to Obey Traffic Control Device". My question is... if I just plead guilty and pay the fine, will this hit my insurance, or not. If not, I'll just pay, but if it does, I'll plead not guilty and try to talk it down. Please advise. Thanks!!



------------------
1998 Iced Blue CL 3.0
Mods: * PIAA Superwhite Headlights ** Rabrig Superwhite corners ** PIAA 1100x Superwhite fogs ** Clear Bumpers (finally) ** tinted windows (20% rear / 35% rest) ** Weapon-R F1 Carbon Intake ** (NOW FOR SALE!!)

Moderator - 1st Gen and Car Talk
Email: juniorbean@acura-cl.com

Dyno_CL-S

plead "no contest"....its like saying your not guilty but @ the same time not saying that you are. it all comes down to the judge, if he fines $5-500, 0-whatever points on your license. THEY COULD NOT jack up your insurance rates if you have no points, only if you do get a point on your license. thats my understanding of the laws here in FLA. i'm going for three citations. wish you luck buddy.

------------------
Future "bucket": 96-99 GST/GSX or 93-99 Prelude w/ bolt on turbo
Previous ride: '01 CL-S, Black, dropped 2 in....couldn't make da payments

tel1sps

Do ya have any defense, explanation or excuse??? If ya do try to talk it down.



------------------
2001 Silver 3.2CLS
Muds, Spoiler, Hardwire 8500, Polarg M-6 lamps, K&N filter #33-2178,
Comptech Headers, Sways, mufflers
Planning: SSR 17X7.5 GT1 Wheels, Brembo Brakes.

Beltfed

Well, its a moving violation....not a bad speeding ticket, but still involves points- which insurance companies go by.

So, your insurance may never go up because of it.....but it could show up a year later.

Beltfed
01 CL-S
00 Viper GTS

juniorbean

iTrader: (5)

Yeah, I have an explination, but the day I got the ticket, the cop didn't even ask, just took my license and regitration and wrote the ticket. I know having an explination doesn't make it right, but I have a clean license and really can't afford to have my insurance go up. I'm hoping they'll give me a non-moving violation.

kensteele

Kansas has a State-sponsored method to turn moving violations into non-moving violations for these very purposes (insurance). It is accomplished by doubling the fine and is usually implemented upon request with no questions asked (at least for my fines in the city of Leawood this happened). See if you state has similar.

------------------
* 2001 Acura CL Type S * Blk/Blk * Navigator * Spoiler * Moonroof Visor * V1 *
* Since 3/31/2000 *
* Road Warrior *

dfv3.2CL-S

iTrader: (1)

You may want to plead no contest and pay the fine and ask for driving school. Or you can ask for deferred adjudication, which means that you pay the ticket, but if you dont get ticket or fined within a 30 day period from the court date the ticket does not show up on the records. This choice is offered in Texas, I dont know about your state.



------------------
2001 CL-S T.White, Lumar Mirror Tint 25% all around, Spoiler, Polarg M6, Fenderwell Trim, Mud Guard, K&N Filter

enjoy the flight

Gs400TRD

No Contest:
pay the court fees $60.
pay the transcript of driving record $10.
Plus take the class $25...oh well they get their $$$ some how. damn Commi Pigs!

------------------
mG
Jade Gs400
Current:
Nakamichi Package, Piaa Super Plasma Hi-Wattage fogs, 17", Borla C/F exhaust, Front TRd Brakes, Swift Racing HFI 2,JL Audio 12" Sub, Fosgate a250.a2
Near Future:
H&R Springs & L-Tuned Shocks, Front and Rear Strut Tower Bars, Dynaudio Speakers
my Gs4

RayRay

What you got is a 2 point moving violation in NY. It is not a big deal, since your "allowed" 11 points before suspensions etc. You can do 3 things...plead guilty and pay assigned fines/get points, plead guilty with an explantion (waste of time, just like pleading guilty) or plead not guilty. By pleading not guilty, you'll see a judge and the officer who gave you the ticket. Most of the time you'll be found guilty but pay a reduced amount on the fine. Since your ticket is one of the "least offensive", chances are you won't be able to get it reduced to an equipment violation (no points). Whatever you decide on here's the good news. You are allowed to go to Defensive Driver School 1 time every 18 months for 4 point reduction and insurance discouts up to 20%. The class is a couple of hours and are given through out Westchester and NYS. Check with DMV or yellow pages for DMV APPROVED classes. There is no such thing as no contest in NYS. Hope this helps, Good Luck!

------------------

2001 CL TYPE-S Blk/Blk w/Nav., Spoiler., Gold pkg. Bone stock (for now)., Shine by Zaino
2001 Lexus RX300, Nav., Op.Green/Tan. Shine by Zaino.

RayRay

BTW, the only way to get the ticket thrown out is if the officer who gave it to you doesn't show up for court (2 or 3 adjornments) or if the Judge believes you and not the officer at trial (not likely to happen).


------------------

2001 CL TYPE-S Blk/Blk w/Nav., Spoiler., Gold pkg. Bone stock (for now)., Shine by Zaino
2001 Lexus RX300, Nav., Op.Green/Tan. Shine by Zaino.

kensteele

It is my understanding that the officer is not always required to show in court. The ticket is evidence enough that there was an infraction in some states. May not be enough evidence on the prosecution's side [to win] but it's not an automatic dismissal either.

------------------
* 2001 Acura CL Type S * Blk/Blk * Navigator * Spoiler * Moonroof Visor * V1 *
* Since 3/31/2000 *
* Road Warrior *

moomaster_99

In California...you have a first meeting with the judge...you can enter a plea...guilty, not guilty or no contest. Guilty is stupid...better to enter a plea of no contest...and get the reduced fine and possibly traffic school if eligibile. Also, this allows you to plea your case to the judge/commissioner..the other real option is not guilty...then the judge sets a date for a real trial. This date gives the officer adequate time to postpone everything and come to court. You and the officer are allowed to reschedule 2 times....

------------------
2001 Cl-S Black on Black with Navigation
Black Tint all around (15%~45%)
Weapon-R Dragon Filter with Cold Air Funnel and Ram Air Attachment
Weapon-R Coil-Overs
Koni Adjustable Struts
Comptech Sway Bars
Comptech Headers
14.698 @95.977mph....Sears Point Raceway.I think I need a Level 10 Torque Converter!!
Yes, I know I'm going to hell for wasting gas on Civics....
My Peoples

Tom2

Plead not guilty, go to court and let them reduce it to non-moving violation.

Trust me, that is your best plan in New York. Keeps your license clean and the fine to a minimum.

------------------
99 M3
dead CL-S

Tom2: The Voice Of Reason

Tom2

In New York State, the officer MUST show up for trial. Most judges will give the officer two chances to show up. After that, you'll get a dismissal.

Last year, I got a seatbelt ticket from the NYS Troopers. It was a big road block with one Trooper in the middle of the road checking seatbelts and about 6 other Troopers on the sides of the road, writing tickets.

I plead not guilty (long story though...) and when my court date came up, the trooper that wrote me the ticket showed for court. The Trooper that OBSERVED me without my seatbelt was not there. I explained this to the judge and he asked the Trooper if I was wearing my seatbelt or not...... The Trooper that wrote me the ticket didn't know, because he never saw my seatbelt off/on. Case dismissed.

------------------
99 M3
dead CL-S

Tom2: The Voice Of Reason

[This message has been edited by Tom2 (edited 06-25-2001).]

RayRay

Where I work as a Police Officer, you have a right to face your accuser (officer) in court if you plead not guilty. As I understand it, each side is allowed 1 adjournment before ticket is either thrown out or the accused license is suspended for "Failure to appear". It is possible that different local courts have different rules of process though.


------------------

2001 CL TYPE-S Blk/Blk w/Nav., Spoiler., Gold pkg. Bone stock (for now)., Shine by Zaino
2001 Lexus RX300, Nav., Op.Green/Tan. Shine by Zaino.

RayRay

Sometimes the court dates assigned are in conflict with vacations, reassignments etc. where the officer can't make it. So, as in your case, the officer who WITNESSED the violation couldn't provide the testimony supporting the ticket and the judge threw it out. The judge could of adjouned the case though if he wanted. I think the judge made the right call though because why should you have to take time out of your day (a second time) to fight a ticket?? You were there, end of story... just my opinion.

------------------

2001 CL TYPE-S Blk/Blk w/Nav., Spoiler., Gold pkg. Bone stock (for now)., Shine by Zaino
2001 Lexus RX300, Nav., Op.Green/Tan. Shine by Zaino.

kensteele

Tom, did you see that written in the law someplace in NY that says if the ticketing officer does not show up in court, the case is dismissed automatically? Did you see something written in the law that say no only does the prosecution have to be present for trial, but so does his witnesses? I doubt it.

The rules of the courtroom are like any other courtroom case. Without the star witness (the officer), you have a weak case, not a non-existant case. Maybe the judge is inclined to hear the case; maybe there's a photo (radar) or some other evidence. Maybe the officer is no longer on the force...does all of his outstanding tickets get dismissed [automatically]? Perhaps.....

Your case was dismissed because the judge found no evidence against you. If you were involved in a 5-car pile-up that injured 10 people and the one police officer that saw it all happen (last year) suddenly died before the case went to trial (you plead not guilty), I guess you are no longer responsible, eh?

I need to be a judge....too many people trying to manipulate the system....

------------------
* 2001 Acura CL Type S * Blk/Blk * Navigator * Spoiler * Moonroof Visor * V1 *
* Since 3/31/2000 *
* Road Warrior *

Tom2

Kensteele,

No, I didn't see it written. I only know what the judge told the entire courtroom on my trial day. He spelled it out pretty clearly.

I never said that if the officer doesn't show up to court that the ticket will be dismissed automatically. The judge will usually adjourn the case to another date. But if this is repeated, then yes, most judges will throw the case out. If I'm denying that I'm guilty of an offense, who is there to say that I'm not? The judge? Don't think so......

In fact, on my court date, there were at least 10 people that stepped in front of the judge without the officer present. The judge dismissed each and every case, without any question of the defendant.

Quote:

Your case was dismissed because the judge found no evidence against you. If you were involved in a 5-car pile-up that injured 10 people and the one police officer that saw it all happen (last year) suddenly died before the case went to trial (you plead not guilty), I guess you are no longer responsible, eh? :End Quote

Yeah, something like that. But you're not thinking clearly..... Of course this dead officer will have written reports and had spoken of what he had witnessed with his superiors. That would hold up in court, right?

Let's use our imaginations here, okay? Let's say that the cop that saw ME cause this pile-up, died suddenly of a heart attack, immediately after witnessing the accident. He obviously didn't have any time to report this information to anyone else. There is no written report of what he saw. He didn't get a chance to tell anyone. There are NO other witnesses.

Is the accident my fault? LOL, prove it.

It's not about manipulating the system. It's about being innocent until PROVEN guilty.



------------------
99 M3
dead CL-S

Tom2: The Voice Of Reason

juniorbean

iTrader: (5)

Wow, thanks for the responses guys. Basically I'm going to plead Not Guilty and hope I can get it reduced. My license is clean, so hopefully they'll go for that. A friend of my dad's (and mine) is a Westchester County cop, so I'm going to talk to him too. Otherwise, I'll just keep postponing the trial date and see what happens!!



------------------
1998 Iced Blue CL 3.0
Mods: * PIAA Superwhite Headlights ** Rabrig Superwhite corners ** PIAA 1100x Superwhite fogs ** Clear Bumpers (finally) ** tinted windows (20% rear / 35% rest) ** Weapon-R F1 Carbon Intake ** (NOW FOR SALE!!)<A HREF="http://www.geocities.com/juniorbean" TARGET=_blank>
For pictures of my car, click here</A>

Moderator - 1st Gen and Car Talk
Email: juniorbean@acura-cl.com

kensteele

Ok, I believe you, I never said it didn't happen, althought I think you might have misunderstood why the judge was dismissing [some] cases. I just said (or meant to say) that the reason it was dismissed was lack of evidence; not "no officer". Or maybe he was. To me, there's a big difference. Police officer might send a video tape to trial as evidence. But I still think you are missing something that I said earlier. The ticket itself is evidence. How big of a witness? Well if the ticket was written by the judge's son, perhaps a strong witness. I will go back and try to find out where I saw it was written that the officer is not required to show in a traffic infraction....you know like when a photo radar situation where there is no person to stand up and say they saw you. Where's the justice in confronting a video camera? Some will argue it's not fair.....

Also, you forget the end part of the "guilty until proven innocent" statement. Guilty until proven innocent with a prepondence of the evidence. A ticket written by the Police Chief will probably sink any speeding motorist because it might weight more than your pleads of not guilty. IMO.

------------------
* 2001 Acura CL Type S * Blk/Blk * Navigator * Spoiler * Moonroof Visor * V1 *
* Since 3/31/2000 *
* Road Warrior *

RayRay

No, you're right...nothing is automatic but here (NYS) the ticket is not "evidence enough" to prosecute if the Defendant pleads "not guilty". But again, it may be enough elsewhere!


------------------

2001 CL TYPE-S Blk/Blk w/Nav., Spoiler., Gold pkg. Bone stock (for now)., Shine by Zaino
2001 Lexus RX300, Nav., Op.Green/Tan. Shine by Zaino.

[This message has been edited by RayRay (edited 06-28-2001).]