Fight it or Pay it? - Page 2

SamIam · 07-28-06, 01:09

Pay it and be happy there are no points.

You admitted that it was yellow as you approached, turned red as you crossed the intersection, and you slowed then gunned it.

You admitted that technically, the light was red (barely) Law is all about technicalities. You admitted the light was red, even if barely. Not to be antagonistic about it, but you ran the light and you got caught. Just pony up and be glad there aren't any points.

As my old football coach used to say, "Sometimes you get the bear, sometimes the bear gets you."

I just reread your explanation. You admitted you were also exceeding the speed limit by 7 to 10 miles per hour. Obviously, we all done it, but if you get ticketed, what's your beef? You admitted to speeding and blowing through the light. You were wrong, pay it and move on. And I say that as someone who has done the same thing, so I am not preaching, I'm just giving my opinion.

SamIam · 07-28-06, 01:14

Quote:

Originally Posted by Asonyexec

I don't know the laws in CT but here in calif we have 4 options (a) pay the fine & call it a done deal (b) pay the fine & go to traffic school - keeps points off your record (c) request a trial with the officer present (d) request a "trial by declaration". Going on the assumption that most cops are lazy I always go with "D" and have been successful about 80% of the time - mainly because the officer does not respond.

You usually have to pay the fine/bail amount up front then you request the trial by declaration documents from the clerk. They are extremely easy to fill out and basically you just write down what happened then forward it to the court and wait for their decision. The officer must do the same and write down his version of what happened (this is where the lazyness kicks in). In most cases the cops dont take the time to submit the documents within the time prescribed and WAAA LAAA you win. Even if you loose the decision on a trial by declaration you can file for a hearing de novo (a new trial) and take it to court in person.

A tip. if your county allows for an extension TAKE IT. the more time you put between the day u were ticketed and the cop having to do anything is better for you. this gives the cop time to forget what happened. Another thing you can look into is a "iniformal discorvery request" at least that's what they are called here if Calif. Most cops take notes of the incident on a space behind their copy of the ticket so you never see it, this is how they refresh their memory. well you have a right to see that info since it is evidence against you and the way you get a copy is by filing an informal discovery request. Now there is a prescribed amount of time in which they have to give you the copy and if they dont you can always ask the judge to declare a mistrail because they didnt comply with the request. chances are the judge will just order the cop to give you a copy then continue the case at a later date (to give you time to prepare your case given your new evidence).

Pain in the a$$ i know but hey it's fun stuff. I was recently ticketed in Feb 06 and just filed a by papers for a trial by declaration (i have to wait up to 60 days for a response). if they rule against me then I just file for a new trail and take it to court maybe by december 06 - so at least i bought myself a year by filing a few forms.

good luck.

armand

No wonder our court systems are all screwed up. Why not just do the honorable thing and pay up? You got caught, you pay up.

EGPrelude · 07-28-06, 01:23

Sean,

If you definately feel you should not have been ticketed, you should fight it. Worst case is you paying the fine anyway. All it takes is some time and effort.

But check out www.ticketassassin.com. This site has great info on one of the options another person posted: trial by declaration.

Basically, you won't be standing there intimidated by an officer or the judge, and still be able to get your argument and statement out properly in the trial, except you write it down in words. I highly suggest you try out the site. All the people I know who have used his site (paid) have all gotten the ticket dismissed.

If you need help with anything at all, let me know. BUT definately USE the site if you choose to go trial by declaration.

EGPrelude · 07-28-06, 01:25

^^ I forgot to mention, it pertains more to the CA laws but I'm sure they can be very relevant to CT.

CelicaLover · 07-28-06, 01:36

Quote:

Originally Posted by DETAILKING

and you have a witness.

You can't use a passenger as a witness. Been there done that. Sorry to hear about the ticket. Just pay it and move on.

drew.haynes · 07-28-06, 01:37

Should have TAPPED THE BRAKES? That makes ZERO sense. If you tap your brakes then blow through... you make it obvious that you thought "i'm supposed to stop" and then chose not to. He should GIVE you a ticket if you tap 'em and go through... and NOT give you one if you just blow through, as you could have done that trying to be safer, being that right before it turns red and you don't know if you would have time to even stop, you don't want to get stuck in the intersection. Hell of a lot of sense cops make.

DETAILKING · 07-28-06, 04:07

Quote:

Originally Posted by drew.haynes

Should have TAPPED THE BRAKES? That makes ZERO sense. If you tap your brakes then blow through... you make it obvious that you thought "i'm supposed to stop" and then chose not to. He should GIVE you a ticket if you tap 'em and go through... and NOT give you one if you just blow through, as you could have done that trying to be safer, being that right before it turns red and you don't know if you would have time to even stop, you don't want to get stuck in the intersection. Hell of a lot of sense cops make.

Exactly, the key is to work the system and not get the ticket in the first place. Last time I got stopped it was a BS reason (claimed I crossed the zebra stripes while merging) and he was about 5 cars behind me so I don't know how he could of seen crap. I basically worked him into giving mea 35 dollar seatbelt ticket, becasue I had taken my belt off to reach accross the car to get my papers and he never saw it on me.

Scottwax · 07-28-06, 05:15

It depends on where the officer was when you went through the ligth. If he was 700 feet behind, there is no way he can be sure you broke the plane of the intersection before or after the light turned red. On that basis, you could probably beat the ticket.

However, you basically admitted to the cop you ran the light and I guarantee he wrote that down on the back of the ticket and will use your statements against you should you fight the ticket.

I'd request deferred abjudication; basically you are on parole in that town for 3-6 months and if you don't get any tickets during that time, it is dismissed and your insurance company will never know. Your other option is traffic school. Same deal, complete traffic school and the ticket goes away and your insurance company is none the wiser.

Free advice: When you get pulled over, be polite but admit to nothing.

rjstaaf · 07-28-06, 05:26

I recently got stopped while driving the wife's car and didn't have proof of insurance with me. I was given an $85 ticket for the original offense and an $85 ticket for not having proof of insurance. In SC a ticket for not having proof of insurance requires a court appearance. I showed up at court, the place was packed wall to wall. I am assuming that since the courtroom was packed the judge was trying to clear out as many cases as he could before getting down to business. He told everyone who was going to plead guilty to get in line. I debated waiting for the officer to show up but, decided to just get it overwith, pay my fine and go back to work. When my turn came I showed the Judge my insurance card and he threw out the ticket for no proof of insurance and reduced the fine on the original ticket to $25. All in all a good day.

Setec Astronomy · 07-28-06, 05:39

First of all, I can't believe that making an illegal right on red is no points, it sure is here in NJ! My guess would be that, as Scottwax said, he was too far away to make the red light case stick in court, he gave you a ticket that was no points in the hopes that you would just pay it and be done. He probably pulled you over, given the circumstances, with the hopes that his probable cause would net him some other violation. As you noted, suburban cops have the time to "observe the flow of traffic" and pick cars that they would like to pull over because of profiling, sixth sense, etc. If they can find probable cause, then they frequently score with revoked license, no insurance, no inspection, seatbelt, DWI, drugs, etc. The only reason there was backup was likely because the other cop had nothing to do, or it was a supervisor checking up. I know it may seem to really be cops vs. speeders to you, but to the cop it is just his job, they are just going through the motions, they get bored, they have supervisors, etc. I know this because I grew up with a guy who has been a suburban cop for 20 years.

You can probably beat this in court, but my friend tells me never go to court without a lawyer, which will be a lot more than $124. I'd cut and run...just look forward to 20 years from now, when you get pulled over like that when your ages are reversed, you will get an apology from the cop and no ticket.

BigAl3 · 07-28-06, 07:38

you broke the law and got caught, just pay it and be done with it. it's not worth more time and effort to pursuit it....

klnyc · 07-28-06, 08:06

I would just pay for it(70% on the Poll say so). Aint worth your time and spend all day there and probably end up stil paying some stupid fee, even if you were find innocent

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Plus there's no point deducted, heck...just write a check out now, Sean