To make a long story short, I got 2 tickets from one police officer for (1) not making a complete stop at the red light before turning right and (2) not signaling.
When he pulled me over he only mentioned (1) but he came back with 2 tickets for (2). I'm 99% positive that I signaled. The ticket has no information on fines and I must appear at the court end of this month. I was not given any options to mail in the fines and attend traffic school.
Problem is when I called the court to find out the fines of the tickets, she told me that I will have to pay $ 160 court fee if I plead not guilty and found guilty after trial.
Questions:
1.What happens if I plead guilty? Will I just end up paying $ 150 and walk out? Will it remain on my record and my insurance rate go up?
2.If I plead not guilty for the second one, any possibility that I win this case? Do they have video recording to prove that i didn't signal?
3.Police wrote my mom's name on the ticket. I guess it's because the car's under my mom's name but he had my insurance and license but still made this mistake. He also wrote my aparment number incorrect. Any possibility to dismiss both?
Answer by ladystang
get a good lawyer
Answer by jaymes_07
Based on 3 you can get both dismissed. And have your Mom go to court. The cop will not be able to testify that she was the one driving, but the ticket is in her name. Therefore the state cannot prove its case.
You are not the one on the hook here, your mom is, b/c the ticket is in her name. The cop screwed up, he issued the citation to the wrong person, and will be unable to prove that she was the one driving, b/c she wasn't.
Whatever you do do NOT plead guilty.
Answer by blood_bought_saint
Normally I don't recommend the Lawyer route. In this case I would suggest getting one just because you have the potential to get this dismissed by the judge due to the officer's technical mistake [in reference to your #3 comment.
In most cases the officer does have the video tape running. If you're sure that you signaled and there's no video tape, the judge will be forced to decide who's lying. As long as you're respectful, the judge will usually favor the defendant. Also, if you have a clean record, the judge is inclined to go easy on you anyway. If not, another thing you can do is say something which will imply that you're willing to take this before a jury to let them decide in an appeal. In most cases the judge will try to work with you on this to keep it at his level. I would only mention this when all other arguments appears to have failed.
On a side note, make sure your blinker is working. If the bulb is out, you can try to convince the judge to reduce the failure to signal to just a busted taillight, and also try to bring proof of purchasing a new bulb.
As far as the red light thing, you should fight that tooth and nail. That will jack up your insurance no matter what you plea is. Also, in most states, even if you don't show up to court or if you just plead guilty or no contest, you will end up paying the same court fees as if you had plead not guilty and the judge rules you guilty anyway. You should maintain your innocence and force the officer to prove your guilt. Force him to bring up evidence. The burden of proof is on the officer to prove your guilt, you don't have to prove innocence.
If the judge rules guilty based upon the word of the officer alone, appeal the ruling and get a jury trail. Believe it or not, the jury is more powerful than the judge is. No single judge can overturn a ruling handed down by a jury.
Remember this, the traffic court system is a tax scam. Yes, it's a scam. There's really no reason to ever have to pay a tax of this kind. There's a way to beat every ticket, no matter how guilty you are. The only ones you won't be able to beat 100% of the time are the ones which actually count as misdemeanors or felonies. Traffic violations themselves are scams. I'm not advocating the breaking of traffic rules, but most of the time these violations shouldn't warrant the penalties you'll receive.
Answer by jslinderml
Normally I suggest a plea, but in this case the error in #3 is what can be termed substantial and may result in the case being dismissed. Technically your mother has been charged with the violation and if she can prove she was not driving there at that time the case may be dismissed. There are a few ways the ticket may be approved tho. For example, if you signed the violation slips (if required where you are) that can be used as proof you were the driver, as well as any violation checks on your license. It might be worth consulting with a lawyer.
A second option might be to use the error as leverage with the prosecutor for a plea bargain in your favor, basically "lets night fight this out in court, what can you give me that will mean less fines and no points" and they may be inclined to let you plea to a paperwork violation (failure to carry registration is popular here - $ 100 fine, no points). That would be cheaper than a lawyer, but not guaranteed to work, however if you can't come to an agreement you can request a dismissal or continuance based on option 1 above.
Answer by thylawyer
Get a lawyer if you want to challenge the tickets. If you were driving on a learner's permit or temporary minor's license, depending on what your state uses. you may find your mother is liable for allowing you to drive recklessly, which could cost her a lot more.
The officer may have made a mistake, or may not have. You are assuming this is a mistake, as are the other answers. I never assume an experienced officer made a mistake, though it is possible. One clue that you may be making an assumption is that most non-serious traffic violations contain instructions for mailing in the appropriate fine. It saves the court's and the violator's time. The tickets may not be the simple violations you think they are.
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Orignal From: I got two traffic violation tickets and must appear at the court. How can I avoid paying huge fines?
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