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Rats - ticket

Discussion in 'Family Life' started by ZapBrannigan, Apr 8, 2012.

  1. ATN_Pilot Socialist Pig Member

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    Always fight it. And always use a lawyer. I know there are people above talking about the "ethics" of taking your licks if you're guilty, but I say hogwash. Insurance companies use this crap to jack up your rates unreasonably, employers use it against you, etc. If it was just a matter of paying the fine, then I would agree with the "take your licks" philosophy, but as long as this crap carries so many other things along with it, I say fight it, no matter how guilty you are. These things are nothing but revenue generation scams, anyway; they aren't really about public safety at all.

    I got a ticket for running through a stop sign two years ago. It wasn't intentional (I really thought it was a yield sign), but I was definitely guilty after I went back and looked. But I wasn't about to take a ticket and the points and watch my insurance company screw me over with higher rates. So, I hired a local traffic attorney. He charged me $300 flat rate. That $300 covers everything, even if he has to take it all the way to a jury trial. He went into court for me (I didn't even have to be there), and talked to the local prosecutor. In most cities, this attorney is able to do just what someone mentioned above: get these things rubber-stamped as non-moving violations by the dozens in a single meeting. That's how he charges only $300 flat rate. It's a huge bulk business. But, in this city just outside of Atlanta, the prosecutor wanted to be a hard-ass, so he refused a plea bargain deal. No problem. My attorney motioned to have the case moved up to a higher court, which the judge granted. We're now two years later. To date, the case is still sitting on the books. Nothing has happened with it. In two years. Apparently the county doesn't really care to hear the case while so much more important stuff is going on, so it just sits there collecting dust. Meanwhile, I haven't been convicted of anything, so my driving record is spotless. No increased insurance, no points, nothing. For all intents and purposes, I didn't even get a ticket. I assume that eventually the county will get around to hearing the case. When they do, it's likely that they'll accept a plea bargain, and I'll end up with no points. If they won't accept a plea bargain, then the attorney will threaten a jury trail (the cost to the court system would be ridiculous), and at that point, the prosecutor usually caves and takes a plea deal to avoid jury trial costs.

    I love lawyers. :)
  2. dustoff17 Well-Known Member

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    NOT legal advise but if it were me:
    I would look the ticket over REALLY well, find out the method used for the ticket (pacing, timing, RADAR, LIDAR, etc). These items will let you know whether it's worth fighting in court. Amazing how sloppy some officers get when they write tickets. If you don't find any errors, I agree that you should talk to the Prosecutor; you save them time by not having to go to court.

    For me? I would go to court for every ticket, every time if I got one (even if I knew I was caught red-handed). However, I would NEVER plead guilty to a traffic violation. Some States REQUIRE the judge to impose certain penalties/fines upon a finding of guilty. Your guilty plea = a finding of guilt.
    If you are going to plead, plead Nola Contender (SP?) (No Contest); it just states that you're not saying you did it, you're not saying you didn't do it. You're simply stating, I'm not going to fight you so "let the evidence speak for itself". In some States, this gives the judge latitude on the sentencing - you get more latitude if you explain your situation and career goals (in this case), use manners, wear a suit, say Yes your Honor, etc.......
  3. ZapBrannigan Old School

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    Sent mine to my lawyer. He said he would take care of it. Worst case I'll have to take a driving course online.

    So cool. Makes me wish I were a lawyer. Lol
    ATN_Pilot likes this.
  4. Houston Well-Known Member

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    A lot of people say the same thing, but once the find out your parents were married you are no longer eligible.
  5. pullup Homewrecker

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    I'd rather eat my own feces.
    mikecweb and Houston like this.
  6. ATN_Pilot Socialist Pig Member

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    Just an update on the above case. At the suggestion of another poster via PM, I checked with my attorney to verify the status of my case. After they contacted the court to figure out what was taking so long, they were told that the court had apparently forgotten to notify us, but they had actually dismissed the charges completely back in the summer of 2010. The prosecutor at the county level wasn't interested in dealing with it, apparently.

    Did I mention how much I love lawyers? :) Moral of the story: always fight it.
    ZapBrannigan likes this.
  7. MQAAord Scheherazade

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    It was a very good idea to check on the status. Glad to hear it was tossed out.
  8. Pilotforhire587 Lycra Man

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    If it your first or even second one Traffic school is going to be offered. Its going to cost a little more but I would always go to court, say you did it and take the class. At that point you do not need to list it on a job application. It never went on your record, not to mention, if you go to traffic school your insurance company will never find out about it, which means your rates stay low, probably saving you money in the long run.
  9. Pilotforhire587 Lycra Man

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    In TN you have to go to court, which means paying costs, to plead guilty and get school
  10. Screaming_Emu Wiggle wiggle wiggle...YEAH

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    Lame. You did it, you admitted to it, you should be willing to be a man about it. I think the number one reason the country is where it is today is because the major motivation of people is "if I don't get caught, its not wrong!" Seriously those who lawyer themselves out of a problem would be at the very end of MY hiring list if I was in charge. I'll admit that I'm a few glasses of wine into the evening, but I can't say that I expect much more from someone who went to gulf stream (back in the day of PFT).
  11. drunkenbeagle Gang Member

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    Totally agree, you have every right to fight a traffic ticket in court. Worst case, you are on the hook for a few bucks in court costs.

    Of course, don't perjure yourself or something stupid like that. But do retain counsel that is actually knowledgeable with such matters.

    At the end of the day, traffic tickets are there to make money. If you are a minor civil offender, once you start costing the court time, they would prefer to get rid of you.
    ATN_Pilot likes this.
  12. ATN_Pilot Socialist Pig Member

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    You're entitled to your opinion, but I respectfully disagree. I'm not going to lay down and take their crazy revenue generation schemes masked under the guise of public safety. If they want to generate revenue, then raise taxes. I'll vote in favor of just about any tax ballot initiative with the way local governments are desperate for money in most parts of the country. But being too cowardly to raise taxes and making up the revenue shortfalls with these ridiculous tickets? No way. They aren't getting my money that way.
  13. MQAAord Scheherazade

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    "Paying the price" for causing an accident, or for reckless driving (say going 60 in a 25) is one thing. Fighting a rolling stop ticket when you did not cause an accident and simply misread a road sign is another. It sounds like he slowed down, looked for traffic, didn't see any, kept going. He didn't "stop", like the sign said, but he wasn't being reckless, and didn't cause an accident. I guess I just don't see it as *that* big a deal...
  14. ATN_Pilot Socialist Pig Member

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    Exactly, Amber. There wasn't a car to be seen even a mile down the road.

    Cops should be protecting the public. Sitting in a restaurant parking lot behind the bushes just waiting to catch somebody doing a rolling stop because they haven't done many tickets yet for the month, and need to get their revenue up to meet an unofficial quota, is not protecting the public. It's high time that everyone starts fighting these crazy tickets so it becomes more expensive for the local governments to enforce them than the revenue they collect. Maybe then cops can go back to actually doing police work instead of tax collector work.
  15. Roger Roger Dangerous

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    Careful there, you're starting to sound like some of my crazy libertarian friends.
  16. ATN_Pilot Socialist Pig Member

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    Nah, I'm a progressive income taxation guy. Doesn't jive with libertarian beliefs. :) I just think that government revenue should come from legitimate sources of taxation, not from flat rate fines that are disguised to look like public safety measures. If you want more government revenue, then raise taxes.

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