CBRTLS47

Sorry this is a long read but please dont skip it I need your help here!! And sorry mods if this is in the wrong section you can move it but sense I have a 2nd gen TL and I see people with there kind of stories posted here I thought this would be the right place to post it.

This happend a little while ago. I was getting off work on my way to mu girlfriends house. As soon as I pulled out of the parking lot I got at a light and there was a cop with me. I was going and constantly checking my spedo so I didnt speed(I tend to speed) I was going exactly 45 for a long time. For that whole time the cop was on my ass pretty much tailgating me. She starts passes me and gets in front of me. When she gets in front of me I switch lanes(doing everything perfect) and as soon as I switch she hits the brakes and pulls me over. Now im thinking WTF could I have done wrong, she askes if I know what I did wrong and I am like ummm I really have no idea I know I was not speeding. She then procedes to shine her mag light in my face (its dark out) and I am thinking woah there lady. She then asks what I have I been doing tonight and I was like I just got off work. She then "HINTS" that I am doing drugs. Like what you got in there and stuff like that. Obviously nothing because I stopped all that last year(even when I did I would never drive). So she didnt tell me what I did, asks for lisence registration insurance, etc. Give it to her and she goes to her car and comes back with a ticket... I am like WTF is this for. She gives it to me and says I was following that car too closley... uhhh I changed lanes and was not anywhere as close to that car as you were to my bumper for 3 miles.(didnt say that but thought it) I tried to talk her out of it cause it was total BS but she didnt budge.

Anywhays I went to court and pleaded not guilty and so I now have a trial date on the 15th. My question is what can I do to get this thrown out. I dont want to pay for a lawyer. Any ideas or is it just my word against her word and if so what do you guys think will happen to me? It is a moving violation and I dont need my insurance going up anymore than it already is. Al thought/coments are needed/appreciated.

thAviEtbOi 37

i was in a similar situation as you, still have trial. I got my ticket for supposively running a red light when I stopped for a pedetrian to cross the street. But I am more fortunate I had a passenger to witness it. I take to my neighbor who was a cop and he just told me that I just need to tell the judge clearly what happen (knowing exactly what you are talking about) and to make the court date a long way from now so that the cop will not remember clearly what happen and the cop will probably be mad and not show up or forget to show up because the date keeps getting postponded. But there is really nothing you can do, it is all up to the judge

CBRTLS47

What do I do to keep it posponed?

Pure Adrenaline

iTrader: (2)

This is a case where it will be your word against hers.

Guess who the magistrate/judge will listen to? Certainly not you. You will get owned in court by yourself. Obviously the cop didn't like you for some reason; don't expect that attitude to change when you go in. She still won't like you.

How many points is that in your state? Call a lawyer and find out how much it will cost. That's your only option.

whatwasthat

if you tell the judge what you just told us, then you're likely the ticket will go away. sounds like no grounds for a ticket.


btw, how much was it for?

CBRTLS47

$90 plus $10 court cost so $100 plus my insurance

CBRTLS47

Yea probably because Im 17 and driving a nicer car than she owns herself. She probably has the typical Johnson County rich kid attitude. Even thought I pay for everything my self with no help from parents.

Pure Adrenaline

iTrader: (2)

Cops are trained to take notes/reports after each traffic stop and this most likely was not an exception. Postponing the hearing will only piss off the court; and just like the notification they send to you, they send the same thing to the cop. Only, the cop has the choice to group all of his/her cases together in one day, so he/she doesn't have to come to cout numerous times.

Cops get paid the same whether they are out patrolling, or sitting in court for their cases. If you had the choice of driving around all morning and sitting around in a room with your colleagues, which would you choose? This is why cops almost always show up for the cases. Don't count on the cop not showing up for this reason, and also, most places have now started to postpone the hearing if the cop fails to show up. If this is the case in your area, then you will only waste your time for no reason.

Do the smart thing and please get a lawyer. Always fight each and every ticket, even if you fully deserve it. Why? Because they are almost always willing to exercise leniency on you. Why not take advantage of their offers?

Pure Adrenaline

iTrader: (2)

When was the last time you went to court?

He will get reamed. He stands absolutely no chance in that courtroom against the cop in front of the magistrate.

CBRTLS47

Ahhh this looks like it will not be as easy as I thought It would be.

moahdriven

i learned this in traffic school...cops have a "cheat sheet" of common violations with them, and sometimes the code pertaining to why they gave you a ticket doesn't match and so voids the ticket.

go to your states DMV website and find the vehicle code section, then put in the code number she wrote on your ticket and see what it says.

I think if you tell the judge what you told us just now, with her tailgating you and all her bs, you might have a chance, depending on how bogus her story sounds and how confident you sound.

Also, the cop will be using all this technical language bullshit like, "Well I was traveling eastbound at about 45, and then made a maneuver westboundish and blah blah blah"...the point is, use eastbound, westbound, northbound, and southbound...they try an make themselves sound honest and right with all that

Pure Adrenaline

iTrader: (2)

Never is, never will be. Unless you have conclusive evidence that says otherwise, the cop's word will always come out on top of yours. They have no reason to believe you instead of the cop; the cop is a civil servant working for the city. You're an ordinary citizen who will say anything to get out of a ticket.

Here's a story for ya.

My friend was driving to work on US-127 one day and he was going 90 in 70 trying to make good time. He has a Valentine1 which is quite possibly the best radar/laser detector money can buy.

A cop was driving the other way on the highway, and he turned around and pulled him over. The cop claimed that he was speeding, but didn't say at what speed. He proceeded to ask my friend for a number, and he said 80. The cop replied, "Good, because I clocked you at 80."

1. The Valentine1 never went off, indicating 99.9% chance of the cop never even clocking him.
2. He was going 90 on cruise control, so how did the cop clock him at 80?

My friend asked for a read-out on the radar, and the cop replied "I don't have to show you shit." At this point, it was harrassment. Then he asked the cop when the unit was last calibrated, and the cop once again said "I don't have to tell you shit."

My friend asked for an informal hearing, and did extensive research, including but not limited to the brands and models of radars used in the state of Michigan (you can get this information through the state) and how Valentine1 tested against these units. The research also included how accurate these units were while both vehicles were in motion moving in opposite directions, etc.

The cop never showed up for the hearing. As my friend was leaving after waiting for 3 hours, he overheard other cops joking about how this officer got called out by some kid and was afraid to come in and making an ass of himself in front of the court.



In your case, you have none of these. All you have is that you didn't follow too close. But the cop will tell the magistrate otherwise, at which point, it's game over. They won't even ask you twice. You lose. Perhaps they will bring the ticket down to a lesser offense, but it sounds like the cop has something up her ass and doesn't like you. And since in most informal hearings it is up to the cop to negotiate the ticket, you will not have such luck.

Hence the reason I recommend getting a lawyer.

CBRTLS47

I dont really care about the fine, sure it would be nice not to pay anything but its the point on my lisence that I dont want at all

thAviEtbOi 37

im am not sure how it works over there, but here in california, if the cop does not show up they can not postpone it, it is just you and the judge. And that was from a cop saying it. and postponding it might work, my friend probably got lucky

thAviEtbOi 37

and cops are required to give out a certain amount of tickets a months, so they have to be out giving tickets. Maybe they slack of the firts half of the month and they caught you to make the numbers for the month

Pure Adrenaline

iTrader: (2)

There is no official quota. But if a cop does not give out an acceptable number of tickets, then it seems like he/she is not doing her job and will reflect badly upon him/herself. Consequently, this forces the officers to meet an "acceptable limit" which in reality is basically the same as a quota.

chewi

Hey good idea.... just say that she might have needed to meet a quota, and therefore she gave u a ticket. U might have a chance to win this. try to tell the that u would never tailgate a cop... and nobody is really dumb enough to challenge a cop on the streets.... I for sure will not follow a cop too closely. This is like common sense. and if worst comes to worst, tell the judge that she was tailgating u and then cutting u off just to give u a freakin ticket.

I think U should really take this up to court... just get your arguments laid out , and you are set.

good luck bro

Alvin

Thats not a great attitude to have, whether or not the comment holds any true value. Take it for what it is, if you want to try and fight it yourself go and pay the small fee for discovery. Discovery is where you get all the documentation that the officer wrote regarding the situation. That will give you a good idea on the reason, and her side of the story.

If you are serious about getting the ticket totallly dismissed, get a traffic attorney. I've used Mr. Ticket here in San Diego, and he would probably get something like this dismissed if what you are telling us is the truth. He charges $100, and worse case scenario he gets you traffic school, even if you aren't eligible because you took it already. His number is 619-563-1515, he can refer you to someone in LA if thats where you are from.

bmoreTLS

If you tell the judge the story you told us, then you could possibly get off without getting points on your license, maybe even thrown out if the judge knows the cop and knows that she's written bogus tickets before.

But it is best to get a lawyer if you can, for the sake of getting your best bargain on any possible fine you might face. Oh yeah, and what Alvin said about traffic school... you can sign up for the class before you even go to court, looks like you're taking responsibility to the judge, even though its kind of like admitting guilt.

BTW, if you were even close to tailgating another car, you can say you were distracted by the cop because she was on your bumper for 3 miles waiting for you to do something wrong. :twocents:

TLofNYC

This is true. Judges and cops are not always on the same page. Judges use judgement, and if it is in thier judgement that you are telling the truth than they will let you get off. Judges see hundreds of bullshit tickets all the time, it is not uncommon for them to through things out of court. Best of luck!!

CBRTLS47

Im sorry if i didnt make this clear I wasnt following the cop too closley it was another car in the right lane that I changed into.

CBRTLS47

Leawood is located in Kansas City which is where I live now.

And Im sorry about the attitude that is just what people have told me, I guess you would have to live here to know the sterotype of "Johnson County" kids and their rich parents.

Tappy116

sorry to hear about your ticket.

First of all, dress well for your court date (not trying to imply your gonna dress like a bum, i'm just givin you a heads up and reminder)

Secondly, take a parent/gruadition with you, they dont have to say anything but seeing that your 17 it might look better with the judge.

Thirdly, have all documents and paper work well orginized, you dont want to be stumbling through papers when the judge might ask for something.

Fourtly, Be prepared for comon questions (like... what is your side of the ordeal? Explain the situation? and whatnot). Practice your story before court... once again you dont want to seem like your trying to remember details or stumble with your words.

Fifth, Be calm. You dont want to get to worked up or start badgering the officer. Try to play the inoccent puppy being harashed by a big pittbull.


I hope my 100th post truelly helps out.
and good luck

brakejob

check the code section used and see if it is correct.

otherwise you will lose in court.

cofidis2

This is the best advice i've read so far. I spent 5 years as a motorcycle cop...go easy on me, im a tl'er like all you, and on your side.....To add more to the above. Sorry for being long...

1- cops dont always win. Judges dismiss a far amount of cites that cops write.

2- I can't stress enough to dress nice. Judges take it as disrespecting the court of you come in wearing baggy clothes and blue hair. So, suck up your pride, put on a nice taylored suit, and no wild hair styles. I have actually seen a judge throw a guy out of court twice in one morning because the way he was dressed.

3- Make notes for yourself so you make sure and cover EVERYTHING that you feel needs to be explained. Take your time and explain in detail. Practice with a friend prior to going. At 17 you will probably be nervous, most 40 year olds i have seen are too, so dont worry about that. That is why you need the notes so you dont forget anything.

4- The court will not get mad by postponing it. They could care less about your one ticket that you postpone.

5- Call the police station where the officer works and see if she is going to be on vaction soon. If so, then try and schedule the court date for when she is out of town. If she dont show up, the ticket is dismissed. The longer the court date is from the violation date is good. It allows the officer to be assigned to a new shift, hopefully working graveyards or a late afternoon shift. Cops who work graveyard are far less likely to show up in court for a ticket, all they want to do is go home and sleep not go to court.

6- IMPORTANT: Most car cops (non-traffic enforcement specific officers) write between 10-30 cites a month. Traffic specific officers about 40-70 a week. So 3-4 months later the odds of them having "independant recollection" is very low. This means they have to rely on their notes, which are generally written on the back of the officers copy of the ticket. Cops use these notes in court. ASK TO SEE THEM in court. If their notes are used, and you ask to see them, the officer has to show them to you. Its called evidence, and they must share that if asked. Very important becuase if there is little to no notes, use that against the cop to refute the officers independant recolection.

7- be nice, dont get mad/upset..this gets the judge mad...very bad thing!!

8- Just for info....when you first get pulled over. BE NICE. No matter how much of an ass the cop may seem to you. A cop is less likely to write detailed notes of the stop if the violator is nice. If your an a__hole i guarante the cop will write detailed notes for court, just to screw you. I can tell you i have rearranged my schedule in the past to make sure i show up for court if the violator was a total ass.

hope this helps...let us know how it goes.

moahdriven

thats some damn good adivce. Thanks alot for that, I'm gonna copy this and save it word for future reference, very helpful.

and on the be nice to a cop part, very true. When I was fighting a cop, I asked the judge if I could go to traffic school for my ticket, he then asked the cop how I had treated him when I was pulled over. Well, apparently I treated him alright since I was trying to justify my case when pulled over (shouldnt have done that), jerk wouldnt let me go.

Mr Hyde

Sorry, but this belongs in the Offtopic forum.

We currently cant move threads there, so feel free to repost it there.