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Just a thought... what do you guys think? (Fighting a Ticket)

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Old Nov 16, 2009 | 11:46 PM
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Just a thought... what do you guys think? (Fighting a Ticket)

Hey Guys...

I literally just got a ticket. What for you may ask?

Section: 21802(A) VC - Failed to yield after stopping.

I just want to say wish me luck because this is complete bull ****.

That just means I cut the damn officer off. Which is completely out of ones mind to do.

I had two other people in the car as witnesses and I always stop for this street because why? There is so many god damn cars and it's a big spot for accidents.

He says he had to stop for me, which I don't believe. He was going east bound and I was going northbound. I was making a right, and there is a giant dip. 2 - 3 feet after the stop sign. So I stopped, and I peeked over looking at traffic, so by the time I turned my head I see flashing lights to my left. Is that failing to yield? He had more than enough of his lane to go straight through without having to swerve or anything. I wasn't even in his lane (well technically just like an inch but thats how you merge) Blahs, I am literally going tomorrow morning to fight this crap, or is it a bad idea to?

Help, and thanks. Wow I am so pissed. fpkvotf78ugbhpdo*U&!
 
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Old Nov 17, 2009 | 12:55 AM
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fight it. its usually cheaper for them to just reduce the fine than fight you.
 
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Old Nov 17, 2009 | 09:16 AM
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Yeah I always fight my tickets...but just be aware your first trip to court is just your appearence date. The comissioner does not want to hear your story...all they want to hear is guilty or not guilty...then they set a trial date. Depending on your goal you can ask for a bail reduction or traffic school on your 1st appearence (Level 2 traffic school if you have been in the last 18 months).

Like I said if you want to fight it...then you say not guilty and they set a trial date. They do not want to hear your story on the first appearence. You are about to embark on a long and time consuming process...is it worth it to you?
 
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Old Nov 17, 2009 | 06:37 PM
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should have just ignore them and go
 
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Old Nov 17, 2009 | 07:06 PM
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Originally Posted by silver g
Yeah I always fight my tickets...but just be aware your first trip to court is just your appearence date. The comissioner does not want to hear your story...all they want to hear is guilty or not guilty...then they set a trial date. Depending on your goal you can ask for a bail reduction or traffic school on your 1st appearence (Level 2 traffic school if you have been in the last 18 months).

Like I said if you want to fight it...then you say not guilty and they set a trial date. They do not want to hear your story on the first appearence. You are about to embark on a long and time consuming process...is it worth it to you?
I mean depending how much the ticket is... the reason I am so upset is because I really didn't do anything wrong. I mean for my last ticket which was like 2+ years ago it was an unsafe lane change, and I agreed it was wrong of me. I'm not the type that just hates cops and crap, it's just I know for a fact I didn't do anything wrong... god this sucks lol.
 
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Old Nov 17, 2009 | 07:33 PM
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i would fight this since the line you stop at is before the dip you rolled into. You have 2 witnesses and yourself vs. his one. Also if he has a camera on his car, it might have enoough of a view to see that (a.)you did stop (b.) his point of view coule not see the line you stopped at or (c.) you're guilty(only if you're lying).
 
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Old Nov 17, 2009 | 07:50 PM
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Originally Posted by nghiars
i would fight this since the line you stop at is before the dip you rolled into. You have 2 witnesses and yourself vs. his one. Also if he has a camera on his car, it might have enoough of a view to see that (a.)you did stop (b.) his point of view coule not see the line you stopped at or (c.) you're guilty(only if you're lying).
I think I might have said wrong about the witnesses. I believe if they're in the car they don't count. My fault if I am right. But regardless I don't know if it's worth a long process, depending if it's months or just a month, unless the waiting period is a long time. Also I know for sure I am not lying =) lol. Thanks for the info nghiars.
 
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Old Nov 17, 2009 | 08:12 PM
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drive out to that intersection and from the cops angle... if you can see you behind the line where you initially stopped, it'll be hard to beat. However, if you come from same cop's angle and the view behind the stop line is obstructed, you have a good case.
 
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Old Nov 17, 2009 | 08:55 PM
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Originally Posted by nghiars
drive out to that intersection and from the cops angle... if you can see you behind the line where you initially stopped, it'll be hard to beat. However, if you come from same cop's angle and the view behind the stop line is obstructed, you have a good case.
He said I stopped, but I failed to yield after stopping. Which means I didn't care to traffic going east bound ( I was going North bound). He was traveling east bound. I wish I had adobe illustrator... I could draw you guys a nice diagram.
 
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Old Nov 17, 2009 | 09:09 PM
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Originally Posted by driftGT350
I mean depending how much the ticket is... the reason I am so upset is because I really didn't do anything wrong. I mean for my last ticket which was like 2+ years ago it was an unsafe lane change, and I agreed it was wrong of me. I'm not the type that just hates cops and crap, it's just I know for a fact I didn't do anything wrong... god this sucks lol.
I fight em based on principle alone. IMO they are not there for our safety rather just another form of taxation from a bankrupt state. I do not hate them either its just the motives behind ticketing this has nothing to do with safety and everything to do with money. If it was about safety a warning would suffice. Traffic court system is the same way...so I do my best to fvck with the system since they like to fvck with me. Have fun with it and fight it...the more people that fight them the better.
 
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Old Nov 17, 2009 | 09:24 PM
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Originally Posted by nghiars
i would fight this since the line you stop at is before the dip you rolled into. You have 2 witnesses and yourself vs. his one. Also if he has a camera on his car, it might have enoough of a view to see that (a.)you did stop (b.) his point of view coule not see the line you stopped at or (c.) you're guilty(only if you're lying).
Precisely! However, you will need to file a motion for discovery for this info after you have declared yourself not guilty...and dont be surprised if they all of a sudden cannot find the video (specially if the video shows no wrong doing)...happens all of the time, but at the same time its good for you because you have witnesses and the arresting officer has nothing to stake his claim on. Technically at that point this is grounds for dismissall, however, if a judge still finds you guilty you have grounds for an appeal.

Another way around this is as follows. When you plead not guilty you can do a trial by declaration. 10 times out of 10 they will find you guilty this way. However, there is a loop hole. A trial by declaration does not waive your right to a formal in person trial. So when you get found guilty this way, a notification is sent to the arresting oficer of a guilty conviction and it is off his radar and he gets a pat on the back for a job well done. You then have the right to request a formal trial of which roughly 70% of the time the arresting officer is not aware of and it gets thrown out b/c your accuser has to be present. This has worked for me the one time I have tried it. Make sense?

Hopefully this gives some good info to go with. Good luck with it!
 
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Old Nov 17, 2009 | 09:34 PM
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is there a 4 way stop in that Intersection?
 
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Old Nov 18, 2009 | 04:59 PM
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you might have a chance bro, if he said you did stop and slowly pulling out, that's exactly the Yield is meant, this is not a stop sign. i said go to the court, hopefully he's not show up, secondly explain to the judge your situation this is a yield sign, not stop sign.
 
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Old Nov 18, 2009 | 05:05 PM
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Just pray that the officer doesn't show up. good lucK!
 
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Old Nov 18, 2009 | 05:24 PM
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extend it as well, also you can do a trial by written declaration, also increases your chances of wining. I'm in the process of fighting a speeding ticket i got a few months ago, officer said he "paced" me lol
 
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