Guest fly yellow Posted December 24, 2002 Share Posted December 24, 2002 alright so i was christmas shopping and in a parking lot driving my moms 2002 chevy impala i stopped at a stop sign and was turning right and in the impala on a sealed asphalt parking lot even a very mild application of throttle makes the tires squeak well the police man heard it and decided to give me a citation for laying drag. the traction control was on and it is very intrusive like one rotation at most but makes some noise is there anything i can do to contest this? cN he give me a ticket in a shopping mall? isnt it private property? this just kinda destroyed my day i got the all the lights on the z to final work and the exhaust back on and then get a retarded ticket from some early twneties cop on a power trip thanks for any help you can offer Quote Link to comment Share on other sites More sharing options...
David K Posted December 24, 2002 Share Posted December 24, 2002 dude, a cop cant ticket you on private property. my friend got a ticket for doing a burnout in a shopping center late at night and it was thrown out of court. Dude, just get some info on the car you were driving and show up at court and fight it. Im sure lots of us here will help you with some content and ideas. Quote Link to comment Share on other sites More sharing options...
Mikelly Posted December 24, 2002 Share Posted December 24, 2002 BZZZT wrong answer. Every state has differing laws regarding parking lots and also varying laws in force with regards to maintaining control of a licensed and potentially lethal weapon (AKA CAR) on or off public roads. I had a friend whose dad was arrested for driving his riding lawn mower in HIS YARD while drunk... He got 10 days in jail with 9 suspended. Differing laws in differing states... Fly Yellow, I'd go talk to the district attorney in Marrietta unless you know the whole system to be full of idiots, then just go to court and fight it with the judge... Mike Kelly Quote Link to comment Share on other sites More sharing options...
Guest Anonymous Posted December 24, 2002 Share Posted December 24, 2002 Traffic courts are money markets solely operated to generate revenue.Myths abound. A fellow beats a $300.00 ticket (with a $500 lawyer). Your chance of beating a ticket is about as remote as winning a state sponsored lottery.You might have a chance with a jury trial but that is a thing of the past. Plea bargain your way thru it, bend over and ask for mercy. When it is all over from all the advice you will hear, come back and tell us what really happened!They9 the controlling interests) do not like you throwing a monkey wrench into that well greased money making machine. Quote Link to comment Share on other sites More sharing options...
Guest fly yellow Posted December 24, 2002 Share Posted December 24, 2002 the sad thing is that is what really happened if i had been laying drags i would have no qualms with getting the ticket it is just so retarded i dunno what to do thanks for the advice i remeber seeing a couple policemen on this board and if i recall correctly there is one gentleman from georgia and if he could give me a heads up that would be great part of the problem is i am in school in florida so i need to decide if it is worth it to put it off until summer ir to just pay it Quote Link to comment Share on other sites More sharing options...
Mikelly Posted December 24, 2002 Share Posted December 24, 2002 Well here is something that happened to my buddy Barry JUST LAST WEEK... About a month ago he was on a group sportbike ride. One of the riders stopped on the side of the road without warning... This guy was at the back of the group, so it took about 30 seconds before someone noticed the guy wasn't back there. All the riders pulled ot the side of the road and Barry went back to look for the rider... Barry accelerated down the street for about a mile, found the distressed rider with a flat tire, and hooked a U-turn to pull up to him and assist. Before Barry could get his helmet off a county deputy pulled up. Barry thought the deputy was there to assist, but it turned out that the deputy had clocked him doing 66 in a 55. Barry thought that, although he was guilty, the situation had special circumstances and he decided to go to court. He did this past Tuesday and he met with the County Prosecutor before court started. The attorney heard his explanation and ALSO thought it warranted special circumstances and told Barry that if he agreed to take an online driver improvement course (Takes an hour from home) within 90 days and got no violations before completing the course, that the ticket would be dropped completely, and no court costs or fines... The system does work. Here is the issue: At least in my area, roads are so crowded and law enforcement are over worked that the courts are stacking up and unless it is an extreme case where wreckless actions are called in questions and peoples lives are truly in danger by the accused's actions, the courts are starting to broker down lesser offenses so they can deal with the more serious offenses...Most people just pay their fines anyway without appearing. However, due to the increased population, more folks are going to court. What this means though is you won't get a break for doing 30 over the limit... Of course, this is only my experience, but I'd put on a tie and sportscoat and go talk to the county DA. Explain what happened, don't get emotional, be professional and mature, and you may just get a favorable outcome. It worked for my buddy. Mike Quote Link to comment Share on other sites More sharing options...
denny411 Posted December 24, 2002 Share Posted December 24, 2002 I guess this is a circumstance where Ohio law is pretty cool. While in advance auto the other night, one of the counter guys points out that two of the city police cruisers were in the parking lot of the plaza, and how whenever they park there they have a noticable drop in business. I jokingly say, "I could go out there and do a big smokey burnout", and the manager tells me that they aren`t allowed to issue citations on private property without a complaint from the owner of the property or a legal agent of the owner unless I`m endangering public safety. SOUNDS GOOD TO ME. Let`s go get some WHEEL Quote Link to comment Share on other sites More sharing options...
Guest Z-rific Posted December 24, 2002 Share Posted December 24, 2002 My old boss used to get tickets all the time. I mean, like, at least 1 a month. In a city of 400,000, he was well known by the cops. I remember having to drive his Pathfinder once and I swear cops were circling me like Dingos circling a lost baby ("A Dingo ate your baby.") Anyway, he LOVED to go to court to fight these. He would bring videotape, hand made maps, mock-ups with model cars, witnesses...pretty much a whole presentation, sometimes very lengthy. I almost believe he got tickets just to fight them. And, although he beat a suprising amount of 'em, he would lose some. When he would get 1 ticket away from losing his license, he would behave, Then when it came time for a few tickets to drop, he'd be hell on wheels again. Of course, he had more money than God, so insurance and ticket expenses meant nothing to him. I had a few chances to ride with him in his Jensen Interceptor, but I'm smarter than I look. Anyway (sorry for storytelling), I've known many people to fight and beat tickets. The few times I've been to court (no comment), I've always found Judges to be fairly reasonable. Some get absolutely upset with bogus tickets or arrests. If you go in dressed well, are respectful, and well prepared, I think you have a good shot. Take video of you pulling off in the car and "chirp" the tires a bit to show the judge how easy and harmless it was, and how hard it is to avoid. I can tell you about the time I saw a Judge throw out a major marijuana posession because of an ******* cop.... Quote Link to comment Share on other sites More sharing options...
Cody 82 ZXT Posted December 25, 2002 Share Posted December 25, 2002 I hate to say it but, it's easier and cheaper to just pay the ticket and/or take defensive driving. I had a friend who fought a no seat belt ticket when I was 17 and almost got laughed out of court. I was in the car at the time and he did have it on. It's all in what the officer says. There are so many in and outs of the law that "we" laymen do not know that it's almost imposible to win in my opionin. I don't want to sound like it can't be fought but, it's hard to do. I have had luck in using lawyers to get a fine reduced or to have it not hit my record. 14 years of driving and lots of tickets later and I still have a clean record. (knock on wood) If you've got the time and money then by all means fight it. Good Luck Quote Link to comment Share on other sites More sharing options...
JKDGabe Posted December 25, 2002 Share Posted December 25, 2002 Dress well, be respectful and fight it. When you lose, appeal. Don't hire a lawyer, you're prob gonna lose. The best thing we can do is fight it because it costs them time. If more people would fight them, they would write less tickets. They count on people just paying quietly. If you've got a clean record up 'til now, tell the judge! "I can't afford it... please don't hurt my record..." you won't get anything if you don't try. Quote Link to comment Share on other sites More sharing options...
yo2001 Posted December 25, 2002 Share Posted December 25, 2002 If the officer doesn't show up at the court you can be excused for a lack of witness or something like that. Somebody else might know more about this. Anyhow, go to court and fight. At least they can give you some break on the fee. Quote Link to comment Share on other sites More sharing options...
Guest zfan Posted December 25, 2002 Share Posted December 25, 2002 I would fight it. Just go well dressed and well manored and have all your T's crossed and I's dotted. Mike Quote Link to comment Share on other sites More sharing options...
DAW Posted December 25, 2002 Share Posted December 25, 2002 Be very polite and don't talk over the judge, speak when asked to tell your story. You have never driven your Mom's car before that time and had no idea it was so touchy...you were just as surprised as the officer. DAW Quote Link to comment Share on other sites More sharing options...
Two40MuscleZ Posted December 26, 2002 Share Posted December 26, 2002 In a senario like the one you mentioned there are several aspects to consider: If the infraction occured on private property, then a cite should not have been issued. The next question is; was the issuing Officer PD, SO or Rent a Cop (Mall Security)? PD and SO usually won't cite, because it is private property. However, if it is a contract city, then the Mall can fall under the Cities jurisdiction. If on the other hand it was a Mall Security Officer, they will detain or at least try until the locals can be contacted and 97 the call. Another question is Letter of the Law vs, Spirit of the Law, meaning "letter" I will cite you, "Spirit" its my discression to cite or warn. Which is usually the case in such circumstances. Each region of the US has their own laws/Ords. Best thing to do is read who the cite was issued by. Then dress real nice and repot to the court for disposition. Plead your case and hope for a fair decision. Oh, some additional information for all those who still think that Cops don't show up for Case hearings. In days past we were NOT compensated for showing up at hearings. That no longger exhists. We always show up now and are fully compensated. So the days of us not showing up and forfeiting the case are long gone. Just thought that I would give you that info as I saw someone saying something about that in a previous post to you on this subject. Good luck with your case. Comps, VAN ...the long arm of the law! Quote Link to comment Share on other sites More sharing options...
Guest Tht1KSguy Posted December 26, 2002 Share Posted December 26, 2002 Well, another way to get the cop not to show up is to see if you can reschedule your court date for his day off. You should be able to find out when he's scheduled for duty and go from there. Worked for me once. (whew) In your case though, I'd just go to court and use the story of it was your first time driving the car and didn't know it was so touchy... blah blah blah... good luck Quote Link to comment Share on other sites More sharing options...
Guest Anonymous Posted December 26, 2002 Share Posted December 26, 2002 my $.02: I lost serious respect (from what little there was, lol) for my local traffic court system. Basically I hit a girl from behind going about 5-8 mph when she was abruptly stopping for a jay-walking pedestrian after a blind right ~70 degree turn. Neither of us had any real damage, my bumper was "tickled" and hers had a small crease, but since she had a "collectable '79 vw bug" ragtop in so-so condition, she decided there was $500 damage, and called the police (what was I going to do, flee the scene?). I reassured her and promised to follow her to a local shop to get an estimate, but she was set on this. So basically I got a $128 ticket for "speeding too fast for conditions." Now I've done High school Cross-ex and parliamentary debate for some time so on a clearly articulated case like this I chose to fight it. I also went up against the country prosecutor (jesus, shouldn't these people be prosecuting real criminals with my tax dollars?). I clearly should have won for these reasons, which I outlined: 1)the vehicle I hit had performed an illegal emergency stop for a jaywalker behind a blind corner, what kind of conditions are those? 2)the cop didn't even show up, nor was he present at the time of the accident 3)I had been written up for RCWxxx-xxx, which I looked up and found to be infringement of backing out of an alley/parkway (???), the case should have been thrown out for on account of its technicalities. 4)I *WASN'T* speeding! Good lord! I took pictures of both my car, her car, and the scene, to show its zero visibility for ascertaining the correct "speed" for the "conditions." I had a green light, rounded the turn at less than 10 mph, she slammed on her brakes, smack. I dressed well, spoke with vigor and certainty and respected my judge just as I would in a debate round. However, he decided that since I did hit the girl, I was speeding too fast for the conditions, and I was guilty, to pay the full fine. I asked him kindly, for my own knowledge, exactly what speed would be appropriate for the "conditions," he had no number for me. Sorry for the long speil, but I feel it necessarily to show the grave injustices among traffic court. Friends have suffered similar outcomes, and then I've heard of people getting off from driving while intoxicated If you really feel that you are innocent, fight it. That is what our constitution guarantees us, innocence until proven guilty be method of trial, it is your constitutional right to defend yourself. Of course, you'll have to dance to the quirks of the system, maybe its better in your county than mine. Definitely stick with the advice given to you about the videotaping and whatnot. Good luck in court, I hope your ruling is much better than mine. -980mak p.s. I get the ticket off my record next month. whew! Quote Link to comment Share on other sites More sharing options...
jaime240z Posted December 26, 2002 Share Posted December 26, 2002 I would fight it and hope that the officer doesn't show up. That's about the only chance you have of getting off. If he does show up, you might as well starting filling out the check so you can sign it when the judge tells you the $ amount. These are words of experience , Quote Link to comment Share on other sites More sharing options...
Mikelly Posted December 26, 2002 Share Posted December 26, 2002 Yea, what Van said is true... Now cops get paid for their court time, days off don't matter. As a matter of fact most of them have their schedules work around their court days so they can get the extra pay for "EASY" Court days. My son was telling me this while reading over my shoulder last night. His (Real) dad is a cop and gets paid overtime for court days, so they don't miss many of them any more. Mike Quote Link to comment Share on other sites More sharing options...
Guest Z-rific Posted December 26, 2002 Share Posted December 26, 2002 I've had friends get out of some pretty serious DUI's, and yet, sometimes you can't beat a moving violation to save your life. A friend of mine saw a DUI roadblock, did a U-turn, and headed the other way. Cops ran him down. He blew around a .16. After about 3 months in court, $8,000 in lawyers fees, and about 4 extensions, he got away with only an illegal U-turn. I know another guy who got his 3rd DUI after bumping into a car at a red light (he claimed the other car just drove off, but the other car called in a hit and run). He got to court with the same lawyer as above and pleaded it down to a 1st offense. I've been told by a DA, that DUI's are tough to get convicted when they go to jury trials. Lawyers who specialize in DUI's know all the loopholes and know how to present the case to a peer jury to get their client a favorable verdict. Back to your situation, like I said, take a video of you pulling off in the vehicle and chirp the tires a little and show the judge what you did. I think your violation is one of judgement. "Improper Start" I think I've heard it called. I don't think it's illegal to "chirp" your tires. good luck. Quote Link to comment Share on other sites More sharing options...
Guest fly yellow Posted December 27, 2002 Share Posted December 27, 2002 a friuend of mine got a ticket for a real burn out and it was the same citation and it was a $63 fine and one point so i am not sure if at this point it is even worth the hassel thanks for all the input guys and merry christmas Quote Link to comment Share on other sites More sharing options...
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