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View Full Version : Need some help fighting a traffic ticket




malkusm
10-30-2009, 04:33 PM
Alright guys, I posted this story in another thread, but I figured I should get some opinions on it before I make the decision to fight it.

About a month and a half ago, I was in Atlanta for a football game with a couple friends. I was driving my friend's car, and we had forgotten to bring the directions to the hotel along, so we were wandering around a bit looking for the place. I had probably been driving around for 5-10 minutes or so, not too long, when a cop pulls me over.

The stop was pretty odd from the get-go: in all my experiences with traffic stops, the officer has always asked for two things - driver's license, and vehicle registration. However, this officer asks ONLY for my license, not my registration. Figuring it was implied, I got the registration out anyway (I was driving my friend's car) and held both out the window to the officer. He deliberately took ONLY my license, leaving the registration in my hand.

Anyway, the stop was going on 4 or 5 minutes, and I was thinking "What the hell is taking so long?" since the officer still hasn't told me what I'm being stopped for. At this point, another cop pulls up IN FRONT of my car, coming from the OPPOSITE direction (it was a one-way street). So now I'm thoroughly confused. :confused:

The first cop gets out and asks me to step out of the car. I ask him politely what the reason is, to which he simply repeats his command louder....so I comply. As I'm walking back towards him at the back drivers-side corner of the vehicle, he asks "Are you nervous about anything, son?" in a sort of demeaning tone. I respond with something like, "No sir, tired from driving all the way from Virginia."

The cop then explains what I'm being pulled over for: "Well son, the reason I asked is, you were stopped at that red light back there, and as soon as I pulled up behind you, you took off and ran the red light." :confused: :rolleyes:

So I give a half-hearted, "I don't think so but I'll apologize anyway" apology, and he proceeds to give me the ticket and asks me to sign it. So I start to scan the ticket, looking for the charges or the amount of the fine, etc. I could find neither - the only pertinent information listed was the date of my court appearance - and as I'm scanning the ticket for the info, the officer attempts to pressure me into signing the ticket: "Just sign right there where the X is, sir."

I sign, ask for directions to the hotel (as we were legitimately lost) and go on my way.

Now, I'm pretty sure my court date was in December (I haven't looked at it since I got it and I don't have it handy at the moment), so I pretty much had dismissed the whole thing. Until today, when one of my parents called (my license still lists my parents address in Maryland) and told me that they received a letter dated October 24 which basically says "Your fine of $310 is due no later than 2 weeks of the date of this letter, or your license will be suspended." :eek:

I guess my question is - if you were in this situation, what course of action would you take? Obviously, if it's a $310 fine, I figure there are significant points attached to it....but more than that, I'm thinking of defending myself just based on principle.

Points that support my case:

1) I had two conscious, alert witnesses in the vehicle at the time (all 3 of us were actively looking for the hotel). If I had really been sitting at a red light, and then "took off," I'd imagine ONE of them would have said something. (Both maintain that it's complete BS)

2) The officer didn't ask for my registration, and didn't take it even when I handed it to him. Is this a violation of Georgia state code? (I've tried looking it up, but I'm horrible at finding those sorts of things.)

3) I have a perfect driving record of 6 years, which includes a full calendar year in which I was employed as a delivery driver without incident.

4) The whole thing smells of profiling: Maryland plates in Georgia, 3 white kids in a 90% black neighborhood (both officers were black as well), two of us wearing football jerseys so we were obviously tourists. (Note - I definitely don't plan to use this in my defense :D but I thought I'd point it out.)

:confused:

forsmant
10-30-2009, 04:36 PM
FOr 310 dollars you may as well pay the ticket. It will be more costly to fight it. That is their plan anyway.

angelatc
10-30-2009, 04:38 PM
Check to see if Georgia actually has reciprocity with Virginia. If they don't, blow it off. And don't get pulled over in Georgia for the next few years.

ETA - Just checked. Georgia doesn't participate. http://en.wikipedia.org/wiki/Driver_License_Compact#States_that_are_members

malkusm
10-30-2009, 04:39 PM
Check to see if Georgia actually has reciprocity with Virginia. If they don't, blow it off. And don't get pulled over in Georgia for the next few years.

Oh, I forgot to mention that I'm currently working for a contractor of the Department of Energy, and I have to report any fines over $250, the reason, and any subsequent actions that are related. Blowing it off is not an option in order to keep my job. :(

angelatc
10-30-2009, 04:43 PM
Oh, I forgot to mention that I'm currently working for a contractor of the Department of Energy, and I have to report any fines over $250, the reason, and any subsequent actions that are related. Blowing it off is not an option in order to keep my job. :(

Yeah, it's not worth losing your job over. I'd just pay the fine and fuggedaboutit.

torchbearer
10-30-2009, 04:45 PM
If you want insurance against things like speeding tickets... pre-paid legal cost $15 a month, and they cover you on speeding ticket. (also give you a will)

brandon
10-30-2009, 04:49 PM
You need to pay the ticket in full, declare yourself not guilty (in writing), and request a trial.

Usually the ticket the cop issues you will state that you must plead guilty or not guilty (and include payment in full either way) within 10 days of the ticket being issued, or a summons will be issued. It sounds like a summons has been issued already. That's okay, you can clear it up still.

malkusm
10-30-2009, 04:53 PM
You need to pay the ticket in full, declare yourself not guilty (in writing), and request a trial.

Usually the ticket the cop issues you will state that you must plead guilty or not guilty (and include payment in full either way) within 10 days of the ticket being issued, or a summons will be issued. It sounds like a summons has been issued already. That's okay, you can clear it up still.

I don't believe that the letter I got said that a summons was issued or anything like that, but again, I don't have it in front of me. I'm looking for info on it now. The ticket is still in my friend's car (same car I was driving when I got pulled over), and he's at work, so when he gets back I'll check on that.

torchbearer
10-30-2009, 04:58 PM
Paying the ticket is a guilty plea.

malkusm
10-30-2009, 05:07 PM
Paying the ticket is a guilty plea.

Yep, this is why I don't want to commit to "just paying it," especially considering I don't know what the process will be like with my employer, and I don't know how many points it would be on my license (more important than the fine). I'm pretty sure that running a red light is not a $310 fine by itself....and I'm worried that whatever else he charged me with will damage my license more.

torchbearer
10-30-2009, 05:14 PM
Yep, this is why I don't want to commit to "just paying it," especially considering I don't know what the process will be like with my employer, and I don't know how many points it would be on my license (more important than the fine). I'm pretty sure that running a red light is not a $310 fine by itself....and I'm worried that whatever else he charged me with will damage my license more.

private attorney is your best bet. You could fight it yourself- the burden of proof is on the D.A.
Officers don't show up a lot of the time- so you can win by default.

When you have an attorney- he will most likely call the D.A. and wave the arraignment. Then the D.A. will start talking "deals".
I know this because this is what I do. I don't have speeding tickets on my record.
Not because i haven't gotten them, but because i have an attorney.

Justice is different for the rich and the poor.

brandon
10-30-2009, 05:25 PM
Paying the ticket is a guilty plea.


Yep, this is why I don't want to commit to "just paying it," especially considering I don't know what the process will be like with my employer, and I don't know how many points it would be on my license (more important than the fine). I'm pretty sure that running a red light is not a $310 fine by itself....and I'm worried that whatever else he charged me with will damage my license more.

In almost all municipalities, pleading "not guilty" without including a payment will be considered a non-response, and a warrant for arrest will be issued.

On the other hand, paying the fine and not entering a plea at all will be considered a guilty plea.

brandon
10-30-2009, 05:27 PM
Also, skip the attorney. They cost too much and you can do for yourself whatever the attorney would do.

torchbearer
10-30-2009, 05:31 PM
Paying the ticket is a guilty plea. You do not pay a fine if you are innocent.

malkusm
10-30-2009, 09:52 PM
So, apparently all 3 people in the car thought the court date was in December. Just got the ticket, and it was October 19th.

Not sure what the letter I got said, I guess I'll find out tomorrow....

KCIndy
11-01-2009, 01:39 PM
Until today, when one of my parents called (my license still lists my parents address in Maryland) and told me that they received a letter dated October 24 which basically says "Your fine of $310 is due no later than 2 weeks of the date of this letter, or your license will be suspended." :eek:




So, apparently all 3 people in the car thought the court date was in December. Just got the ticket, and it was October 19th.

Not sure what the letter I got said, I guess I'll find out tomorrow....


Was Oct 19th the court date? Or do you still have two weeks from October 24th to challenge?

One way or the other, I would recommend an attorney if you can afford one. If you still have time to challenge the ticket, IMHO it's worth paying an attorney to keep your record clean.

If you've already missed your court date, you may REALLY need an attorney!!

As Torchbearer intimated earlier, there' really no such thing as impartial justice - and a good attorney is worth his/her weight in gold in the right circumstances.

Keep us posted!!

KCIndy
11-05-2009, 08:07 PM
Not sure what the letter I got said, I guess I'll find out tomorrow....

Soooo..... any updates?

malkusm
11-05-2009, 08:30 PM
I called the court, and their policy is to not allow the rescheduling of a court date after a missed appearance. $250 of the $310 ticket was for missing the court date....so basically I decided to pick my battles and paid the fine.

It was my fault that I didn't check the ticket for a month and a half, and relied on my memory....and, to be honest, if I'd have checked up on it and found that it was only a $60 ticket, I would have just paid it anyway, rather than paying $200 to go to GA and fight it.

I still maintain innocence, though! :D

phill4paul
11-05-2009, 08:37 PM
I still maintain innocence, though! :D

That's what all you gang bangers say. :D

KCIndy
11-05-2009, 09:12 PM
I called the court, and their policy is to not allow the rescheduling of a court date after a missed appearance. $250 of the $310 ticket was for missing the court date....so basically I decided to pick my battles and paid the fine.

It was my fault that I didn't check the ticket for a month and a half, and relied on my memory....and, to be honest, if I'd have checked up on it and found that it was only a $60 ticket, I would have just paid it anyway, rather than paying $200 to go to GA and fight it.

I still maintain innocence, though! :D


Major bummer...

I'm assuming it probably got you a few points on your license... :(

If you're able to get an attorney on those things early, they'll usually be able to keep it off your record, if not get you an outright acquittal. Usually if it's a city or local citation, you can buy 'em off with a little extra scratch.

I was once ticketed for doing 70 in a 55. I had an attorney challenge it, and in the end I wound up pleading guilty to "littering" and keeping my driving record clean of points. (I DID end up paying about the same amount as what the speeding ticket would have cost, but the victory was keeping the points off my license.)

As long as the local yokels got their money, everyone was happy.

And they say justice is blind.