I Need Your Advice

[Dee4707]

I was wondering if you could give me some pointers or had a similar situation. On October 22nd, I got a traffic violation for turning right on red light. I got the violation in Iowa and I live in Nebraska. I was attempting to turn onto an interstate ramp. As I was trying to merge into traffic, I noticed a Highway Patrolman behind me. Thinking that he was after someone, I pulled onto the shoulder to let him pass. Little did I realize he was after me. He approached the passenger side of my car and asked for license, etc. Before I gave it to him, I asked why he stopped me and he said I ran through the red light without stopping. To make a long story short, I got a ticket for $65. I know that I did stop, not a head jerking type stop but I did stop. I want to go to court next week and plead not guilty. Can you give me some pointers as to what to say to the judge. I have been driving for many years and have a clean driving record. I am a defensive driver, a patient driver and have been conditioned for many years that when I see red (light), I stop. I have talked to several people and they told me that they have been stopped because they didn’t come to a complete stop and the officer just gave them a warning. Believe me, it is not the money but the principle of the matter. I understand that it is my word against the officers and the judge will probably listen to him but I can’t for the life of me let this go. Any info you could offer me would be much appreciated. This is the first time I’ve gotten a ticket like this. I don't know what would be the officer's motive to give me a ticket other than he didn't have all his quota for the month. Maybe he thought I would just pay the ticket and not challenge it.

Dee

 

[Mathman]

I think the judge will be mighty impressed that you took the time to come to court -- OUT OF STATE -- to contest the case. After all, you could have just done what most people do with an out of state ticket -- scofflaw it. (Unless you get another ticket in Iowa some day, that's the last you'll ever hear of it.)

There is a pretty good chance that the policeman will not even show up.

Good for you.

This did happen to me once, with the exception that in my case I was guilty as sin. The judge let me off with only paying $5.

Mathman

 

[dlkksk8fan]

There is a pretty good chance that the policeman will not even show up.

I was going to say the same thing. Just be direct and confident in front of the judge. Let the judge know that you stopped at that stop sign and that you are NOT guilty of not stopping. Good luck Dee.

 

[PrincessLeppard]

Dee! You go! I totally agree with everyone. The police officer will most likely not be there, so just state your case calmly, and you should be fine.

Laura

 

[milanessa]

Omaha is pretty much on the Iowa border so the fact she got the ticket in Iowa and shows up to court there isn't so much a big deal. The bars in Nebraska used to close an hour earlier than Iowa so we'd head out from Omaha to Council Bluffs regularly on party nights. (In my decadent youth, of course.)

That said - I say fight it, Dee. I know you and believe the judge will be surprised you showed up and I think you'll make a good impression. The others are right - the cop (mean cop :yes: ) probably won't even show and the whole thing will be dimissed. Standing on principle is a good thing even if you lose.

gerry

 

[PrincessLeppard]

The bars still close an hour earlier in Omaha.

But, anyway, so as not to go way off topic......Go Dee! Wheeeeee!

 

[LegalGirl82]

"...I got a traffic violation for turning right on red light..."

Dee, was the ticket for not stopping at the red light, or was it for making a right turn on red where it's not allowed? If it was for making a right turn on red where it's not allowed, you might want to go back to the intersection and see if there's a sign stating so. If the ticket is for not stopping at the red, it will most likely be your word against the police officer. If it was a State Policeman instead of a local, municipal officer, there is a good possibility he won't show up, but, they may reschedule to give him another opportunity to show up.

In any event, my advice to you would be to be very respectful of the judge, speak only when it is your turn, do not interrupt anyone, especially the judge, and, when it is your turn, speak firmly, keep it short and simple, and make eye contact with the judge.

Good luck, and let us know how you make out.

 

[Ptichka]

Do you also get higher insurance payments for tickets (that's how it is in MA)?

I was recently in traffic court. I felt the judge was rather arbitrary. The ticket was for not coming to a full stop at a STOP sign. I explained that the road was icy, and prevented me from doing a full "stop". The judge wasn't impressed with my explanation. Then he asked me where I was coming from (the incident occurred at 1 A.M). This odler gentleman was visibly impressed when I replied that I was coming home from visiting my parents. He then gave me a lecture on careful driving and dimissed the ticket.

My only advice is know exactly what you are going to say, and rehearse it ahead of time. Then dress nicely, relax, and go to court!

 

[Longhornliz]

I agree that the cop will most likely not show up. I had a friend who got a ticket for speeding, and it turned out that when she showed up to argue about it on her court date that the officer had not yet submitted the ticket!!!! (in texas officers have up to 2 years to turn in any violations, what kind of non sense is that?)

You go, take down the system!!!

 

[Dee4707]

Thanks everyone for your advice and well wishes; I feel more confident now!! It was definitely a right turn on red and there wasn’t any sign with no turn on red. I am familiar with the area. When he stopped me and told me why he stopped me, I know my mouth dropped opened. :sheesh: He said I didn’t stop and yet I know that I did, again, it wasn’t a head jerking stop. It is a weird setup. The only traffic that would be entering the ramp I was getting onto would be people who come off the ramp in the same direction from across the street. Hard to explain and hard to understand. I only needed to look to my left to see if anyone was approaching and how long does that take --- just seconds. The only thing I can think that happened was he may have thought I was drinking and when he talked to me he knew I wasn’t and had to come up with something. He looked all of about 18, with lots of power. The area is where the casinos are and maybe he thought I had been there having a few drinks. It was about 3:45 p.m. on a Friday afternoon. Who knows what was going through his mind. I do have a lot of respect for law enforcement but when they push their power that’s when I get a little upset.

As Gerry said, even if I don’t win, I know that I stood up for my principles. :yes:

Dee

 

[Doggygirl]

Go for it Dee...

As Gerry said, even if I don’t win, I know that I stood up for my principles. :yes:

Dee

Win or lose, go have your day in court. The advice about being respectful to the judge, speaking when spoken to, sticking short and sweet to the facts, etc. is all good advice. Please let us know how things turn out for you. I like to think that the "good guys prevail" more often than not!! It is definitely frustrating to be up against a police officer on a traffic violation where it's their word against yours. They definitely have an unfair advantage IMO. Hopefully many judges take that into consideration.

DG

 

[show 42]

Dee........our next door neighbor was a retired police officer. He said if you ever want to contest a traffic ticket, call the police department and find out when the officer who wrote the ticket is off duty. That's when you go to court. If he or she is not present, more than likely the judge will throw the ticket out!!! 42

 

[Ladskater]

Dee........our next door neighbor was a retired police officer. He said if you ever want to contest a traffic ticket, call the police department and find out when the officer who wrote the ticket is off duty. That's when you go to court. If he or she is not present, more than likely the judge will throw the ticket out!!! 42

Here in BC, we are not given that luxury. We are contacted by the Court when our court date is. Hopefully, the cop will not show - as did happen for me by a fluke. I notified the Law Court that I was moving and sent my change of address;however, they mailed my court date to my old address. I did not find out about it until my plates were stolen - I had to go in and purchase new plates. The insurance agent informed me that I had an outstanding ticket (from an accident)and that I had missed my court date! Because it was their error they rescheduled my court date. Luckily for me the police officer did not show! Possibly because it was set at a later date. It was thrown out and my name was cleared. The accident was not my fault anyway.

Also, here in BC, police don't have to show up in court - they can phone it in! Great eh? So not many people will be getting their tickets thrown out.

 

[dorispulaski]

The differences in traffic ticket/court procedures vary hugely from state to state.

In VT, you dress nicely middle class and negotiate with an assistant prosecuter. Everything is negotiable, including the offense and the amount of the ticket. My youngest son commuted an hour and a half to college, and collected many tickets, but paid only low fines, got out of several tickets, and collected no points on his license, which would have affected his insurance, due to skillful negotiation.

In NY, there are town traffic courts. The nature of the court is hugely dependent on the nature of the judge. I got a speeding ticket once in NY and got advice from co workers. They said in NY you should always challenge the ticket because half the time the cop doesn't show up, and in the Fishkill court, the judge throws the case out if the cop doesn't show. I did see a group of people who got out of their tickets that way at my court date. If your cop shows up, you line up in front of the cop and negotiate your ticket directly with the cop. People's advice was to settle with the cop, and not go to trial. That's what I did, and I got the ticket reduced to equipment failure, because I had never had a ticket before.
In Poughkeepsie traffic court, the judge will keep rescheduling, unfortunatley.

In CT, they have huge fines. The best way to deal with it is to get an attorney to write a letter. This worked very well for my oldest son who got out of 2 tickets that way.

My youngest son has since taken up residence in MA, and does not report that any strategy is very useful, other than that you can delay your court date for a long time to get points after you pay your insurance for the year, rather than before.

So ask Iowans what's the best way to do it. It varies even from town to town in this country.