10-22-2008, 06:43 PM | #23 |
Major General
3442
Rep 6,821
Posts |
First it's depending on the state and county. In the OP's case, it is SF so I'm guessing San Francisco.
I'll give you my experiences from San Jose Traffic Court First. The initial showing is only for a plea. Not Guilty, Guilty or No Contest. The judge will not hear excuses. Those are set for the court date. If you enter guilty and ask to give a reason, the judge might be lenient and reduce fees or actions. When the court date is set, it's set so that the officer has the opportunity to appear. I've heard that if they don't show, they can let the case go or reschedule. Now in my cases, the first case I was guilty. I told the judge that I would like to give my explanation and after doing so, the judge reduced my fine by 75%. Another time the judge told me to waive traffic court and just pay my fine. The one time I pleaded not guilty, the officer did show up in court and even remembered my name and said hello to me (scare tactic) and stood next to where I was sitting. I explained my side, she explained hers and when it was all said and done, the judge told me that he would let me know the ruling via mail since the officer, to me, clearly was in the wrong. In my case, it was raining, a car cut me off and took off. I braked/swerved heavily in a Ford Festiva rental with 1/4" wide tires and hit a tree. In my case there was no one around other than my passenger. The police didn't show up until we were in the ambulance being sent to the hospital. Well she wrote me a ticket for speeding. On my ticket she wrote I was doing 45 in a 45 in clear weather. I asked the judge how she knew that when clearly she never was there and there were no other witnesses AND I was going the legal speed limit. She really had no excuse other than it was a written mistake. While I was in the courtroom, I had a chance to hear other people try to plead their cases. One was a radar case. They brought in someone to dispute the radar and got massively spanked by the police expert on how their radars are calibrated. They showed calibration dates as well as other pieces of information. Guess who won? Another case was a person who got pulled over by a cop for visual speed. They lost their case because police are trained to 5 MPH accuracy for visual speed. All in all, what they tell you is that in traffic court, it's about the LETTER of the law and not the SPIRIT of the law. If the sign says 55 and you go 56... it's speeding. |
Appreciate
0
|
10-22-2008, 07:14 PM | #24 |
Brigadier General
85
Rep 4,928
Posts |
really depends on the situation. if its major and they know you want to fight it they will prob be there. if its just a minor situation i doubt they will be there.
|
Appreciate
0
|
10-22-2008, 07:17 PM | #25 |
Bimmerpost Resident Marijuana Consultant
478
Rep 3,202
Posts
Drives: 320i, 325xi, 335Xi, 335i, M3
Join Date: Nov 2006
Location: Queens/NYC
iTrader: (4)
Garage List 2010 BMW 335i [0.00]
2011 BMW X335i [0.00] 2006 BMW E90 325xi [0.00] 2011 BMW E90 335xi [4.00] 2011 BMW M3 E90 [7.00] 2006 E90 320i [0.00] |
Easy win... no fun. No pain, no gain.
__________________
"AMG What! S-Line Who? If you ain't got that M I got no respect for you!" '06 Alpine Weiss E90 320i | '06 The Green Machine E90 325xi | '11 Alpine Weiss E90 M3 ZCP | '10 Silverstone X5M | '11 Alpine Weiss E90 335xi |
Appreciate
0
|
10-22-2008, 09:24 PM | #26 |
New Member
1
Rep 20
Posts |
Get a lawyer and play the game.
It is called the good ole' boys club for a reason; judges want to see their lawyer brethren get paid. I just got out of my second general reckless operation in 4 months, driving school and dismissed on both of them. I have been let off by two cops in 2 years for heavy speeding and gotten off on these reckless tickets because; 1. I have a clean record 2. I was polite and truthful, cops each the truthful shit up and if you are polite and respectful it goes a long way in court 3. I went to court with a lawyer and dressed nice. 4. I was respectful to the judge and the judicial process. What did you do?
__________________
|
Appreciate
0
|
10-23-2008, 12:03 AM | #28 | |
Lieutenant
195
Rep 480
Posts |
Quote:
Ditto. You have the right for direct cross examination of whoever accuses you. If the cop is not present, his statement is not admissable because you are not able to ask him follow up questions. No dummy cop should stand in court substitute to the original cop. The time, I was in court for my speeding ticket, the cop showed up and I just plead guilty, just because I new I had no chance. If you are worried about your insurance, look into Farmer's. I believe they do not count your speeding tickets towards your premiums. |
|
Appreciate
0
|
10-23-2008, 12:08 AM | #29 |
Lieutenant
195
Rep 480
Posts |
It's funny to hear everybody mention "Dress nice". What do you wear on a daily basis, and do you know a concept of dressing appropriately to the situation?
Just dress clean or at least business casual. Look professional, and you will be all right. |
Appreciate
0
|
10-23-2008, 01:12 AM | #30 |
New Member
1
Rep 20
Posts |
I think the professional look in implied here by saying dress nice.
When I am at work it is business casual; outside of work I am in shorts/jeans and a t-shirt. Who the hell wants to dress in slacks or khakis all of the time.
__________________
|
Appreciate
0
|
10-23-2008, 07:32 AM | #31 | |
Second Lieutenant
15
Rep 292
Posts |
Quote:
__________________
2011 X3 xDrive35i F25 (CPO) Space Grey/Black Leather, Packages: Premium, Cold Weather, BMW Apps, Sirius and Technology. BMW CCA Member (WindyCity Chapter). Former cars: 06 750i E65 (CPO) 07 E90 335i (bought used but had problematic iDrive so sold it to get 7-series)
|
|
Appreciate
0
|
10-23-2008, 07:58 AM | #32 |
Major
213
Rep 1,313
Posts |
almost all of the time they show up. i do. if they have a good work ethic they will. if they miss court too many times the judge will start looking at the cop in a bad light. it is recorded how many times an officer will not show up to court. each time he misses a court date his credibility goes down or is tarnished.. its kind of like ebay feedback haha
__________________
2007 TiAg e90 335i sport. Yes, The e90 "Mustache" is cool!
|
Appreciate
0
|
10-23-2008, 11:44 AM | #33 | |
Private First Class
16
Rep 110
Posts |
Quote:
Being respectful is probably the most important thing I would suggest. Every one is presumed innocent until proven guilty, so you have every right to contest your citation. Keep in mind, that the judge hears hundreds of cases a month and what might seem like a logical case to you might be laughable to him. If you are going to argue, make sure you know the law. If you don't the judge will shut you down. Too many times I have had people telling the judge that I did not show them my laser calibration thinking that they would get off. Laser's are different from radar and do not require the same type of calibration, nor do they require me to show you anything besides the range, time, speed and time that I checked the calibration at the beginning of my shift. Also, arguments like , "the guy next to me was driving faster than me" will not get you anywhere. You do have a right to question the officer, but remember, if it comes down to credibility, the officer is generally considered the more credible witness. In other words, If it gets down to a he said she said, you will lose. I once chased a motorcycle several miles at speeds in excess of 100mph and had video tape documenting it. The owner tried to get out by saying his motorcycle could not have been going that fast because one of his tires did not have the proper inflation. That is just stupid and a waste of time. I do not know about other officers, but I have stood before a judge and told him that I could not remember the case. The judge will obviously dismiss that case. I have no desire to commit perjury, nor did I have any reasion to want to. In general, I would say your best bet is to try to talk to the solicitor before the court. You might be able to work a deal to keep it off your record or to not get points or to go to driving school in lieu of...A lawyer will definitely help, especially if he/she does a lot of work in that court and knows the court officials. Sorry for the long post... |
|
Appreciate
0
|
10-23-2008, 12:26 PM | #34 |
Private First Class
5
Rep 127
Posts |
I got a stand in cop when I showed up. He wasn't even from the same police department. However, he offered me a plea deal -- lesser offense, with no points. I took it without hesitation rather than risking the points.
|
Appreciate
0
|
10-23-2008, 10:34 PM | #37 |
New Member
1
Rep 20
Posts |
You don't, you go to jail for 30-180 days, don't drop the soap. I would suggest a very good lawyer, preferably one that plays golf with the judge.
__________________
|
Appreciate
0
|
10-30-2008, 01:21 AM | #38 |
Captain
26
Rep 634
Posts |
Be sure and check out h**p://www.ticketassassin.com/. There's a lot of good ideas there. For instance, one of the main suggestions is that you request a hearing by written declaration, instead of an in-person hearing before the court. There's directions for this procedure on the back of your ticket (if you got ticked by the SFPD - don't know about the CHP). Basically, you explain the circumstances in a written statement, under penalty of perjury (don't lie!), and mail it to the court where the judge reviews the declaration in his/her own chambers.
This didn't make sense to me at first , but I think the website's reasoning is right: a judge is not going to be inclined to take you seriously and is going to side with the cop, especially in a packed courtroom with people who 'might get the wrong idea' that they can also get out of their ticket. I've been in court hearings before (I'm a lawyer) and have seen instances where the judge acts differently in front of a full courtroom - they're human and it impacts their thinking, believe me. The website also claims that the cops get paid for showing up in person at hearings, but not for preparing written declarations, but I don't know if that's true of not. I actually got a B.S. speeding ticket recently and I am going to go this route of a written declaration myself. By the way (for those of you in other states), the SFPD is the San Francisco Police Department and the CHP is the California Highway Patrol. That website I mentioned earlier is geared towards California speeding tickets, but other states *may* have similar ways of contesting a ticket. good luck |
Appreciate
0
|
10-30-2008, 03:42 AM | #39 |
Second Lieutenant
2
Rep 214
Posts |
I believe that CHP is required to attend traffic court in the case of contested tickets. Local cops are an entirely different story, totally hit or miss.
|
Appreciate
0
|
10-30-2008, 02:39 PM | #40 |
Captain
26
Rep 634
Posts |
|
Appreciate
0
|
10-30-2008, 07:14 PM | #41 |
Major General
148
Rep 6,333
Posts |
just got one today.. 83 on 65 zone.. any suggestions??
__________________
2017 BMW M4 DCT Lease Transfer: https://f80.bimmerpost.com/forums/sh...8#post23736398
|
Appreciate
0
|
10-30-2008, 07:29 PM | #43 |
Private First Class
3
Rep 120
Posts |
|
Appreciate
0
|
Post Reply |
Bookmarks |
|
|