|
|
|
|
|
|
BMW Garage | BMW Meets | Register | Today's Posts | Search |
|
BMW 3-Series (E90 E92) Forum
>
Failure to Stop Ticket
|
|
09-11-2010, 06:48 PM | #1 |
Noobie
8
Rep 73
Posts |
Failure to Stop Ticket
Hi Guys -
Got pulled over last night by cop last night. He claimed I completely "blew" the stop sign and did not even see my brake lights go off. I'm so pissed off at this because I know for a fact that I did stop. I even stopped and looked at the car next to me, which happens to be a black Celica. I remember it so vividly, but I obviously have no chance of arguing with the cop since he pulled me over. He just chuckled and said "Not even close buddy haha." Seriously, wtf. I was not drunk, intoxicated, on drugs or anything so why would I knowingly completely blow a stop sign. I've lived here for 25 years for crying out loud. First when he pulled me over it was 2 very long blocks away from where he claimed I blew the stop sign. I was sitting at the light for about 30 seconds before he even came up behind me, then when the light turns green and I make a left onto a big street, then he pulls me over. Then he ask me "what is my hurry and did I even see that stop sign on 29th?" The craziest thing is that, the street I was on does not even intersect with 29th street. I was on 31st street, then Lyman and then Archer. 29th is no where even remotely close to where I was, so I'm not even sure which sign he said I blew. My second case is that it was right after a White Sox game, so traffic was heavy. So if he claimed I didn't even brake I would be making a 20+ mph turn onto a small neighborhood street, which is absurd. And then he says "you must be going ridiculously fast, because by the time I turned down here you were already on Archer (2 blocks away)". I for a fact did not speed, just driving normally. So my question to you guys is how do I argue this? Also on the ticket, where it says location of violation does not even have a stop-sign as we were sitting at a red light. I'm sure the judge will believe the cop's word over mine, so this just really infuriates me because I honestly believe I did not do anything wrong. Does any of you guys have any advice on this? I feel like he pulled me over for the simple fact that I was driving a black bmw coupe with tinted windows and he was hoping for a drug bust or something. Thanks for listening to me vent!
__________________
e92 SMB 6 M/T|Dinan Stage 2 | Dinan Exhaust |Dinan F&R Sway | KWv2 Coilovers | AFE Intake | GP Thunder v2 | VMR v701 | Matte Black Grill | M-Sport Shift Knob
|
09-11-2010, 07:00 PM | #2 |
Captain
29
Rep 769
Posts |
__________________
|
Appreciate
0
|
09-11-2010, 07:03 PM | #3 | |
Noobie
8
Rep 73
Posts |
Quote:
__________________
e92 SMB 6 M/T|Dinan Stage 2 | Dinan Exhaust |Dinan F&R Sway | KWv2 Coilovers | AFE Intake | GP Thunder v2 | VMR v701 | Matte Black Grill | M-Sport Shift Knob
|
|
Appreciate
0
|
09-11-2010, 07:05 PM | #4 |
I ask the questions you're afraid to ask.
44
Rep 2,489
Posts |
If in fact you know that you stopped at the sign, then take pictures of the stop sign, the traffic light and a picture of the stop sign from the cop's vantage point. Take the pictures at about the same lighting conditions and traffic density as when you were stopped.
Your only argument should be that the cop mistook you for a car that didn't stop. Assuming you have a spotless driving record and you have a good positive attitude then you should have a good chance of convincing the judge of your innocence. |
Appreciate
0
|
09-11-2010, 07:11 PM | #5 | |
Lieutenant Colonel
126
Rep 1,984
Posts
Drives: F15 35i
Join Date: Aug 2010
Location: Gainesville, Fl
|
Quote:
__________________
See my full mod list in my garage
|
|
Appreciate
0
|
09-11-2010, 07:15 PM | #6 | |
Noobie
8
Rep 73
Posts |
Quote:
__________________
e92 SMB 6 M/T|Dinan Stage 2 | Dinan Exhaust |Dinan F&R Sway | KWv2 Coilovers | AFE Intake | GP Thunder v2 | VMR v701 | Matte Black Grill | M-Sport Shift Knob
|
|
Appreciate
0
|
09-11-2010, 07:21 PM | #7 |
Major General
1055
Rep 5,660
Posts |
If there's no stop sign at the intersection indicated on the citation, photograph the intersection (all corners of it, or at least the bit of it the citation says is the stop sign at which you failed to stop (e.g., northbound/eastbound on 29th at the intersection of Asbury, or whatever), and take it to court and move for dismissal. You can't be in violation of not stopping at a stop sign that does not exist.
You mention in your story that you weren't actually on the street indicated on the citation. If you have any evidence to support that fact, you should absolutely introduce it. Again, you cannot be in violation of not stopping on 29th Street if you weren't on 29th Street. If the citation does not say anything about your rate of travel or anything else, you should not introduce anything about the speed of your driving, unless of course during your trial, the prosecutor introduces it. If s/he does, you should object out of hand as they are likely offering no evidence to support an assertion relating to any specific rate of travel. Good luck, although assuming you've related accurately all the facts, you won't need it.
__________________
Cheers,
Tony ------------------------------------------------------------------------------------------ '07, e92 335i, Sparkling Graphite, Coral Leather, Aluminum, 6-speed |
Appreciate
0
|
09-11-2010, 07:26 PM | #8 |
Major
47
Rep 1,160
Posts |
Thats what courts for
__________________
Monaco Blue 330xi - Terra Interior/6-MT/Sport/Premium/Cold/CSL's/M3 Spoiler Lip/Black Kidney's
|
Appreciate
0
|
09-11-2010, 07:31 PM | #9 | |
I ask the questions you're afraid to ask.
44
Rep 2,489
Posts |
Quote:
Don't say that you think the cop stopped you for having a nice car, tint (probably illegal) or anything similar. Be positive, polite and state that the cop mistook your car - that stopped for the sign - for a car that didn't. This all assumes that your record is spotless. If it isn't then the judge has no reason to believe you. |
|
Appreciate
0
|
09-11-2010, 08:13 PM | #10 | |
Noobie
8
Rep 73
Posts |
Quote:
__________________
e92 SMB 6 M/T|Dinan Stage 2 | Dinan Exhaust |Dinan F&R Sway | KWv2 Coilovers | AFE Intake | GP Thunder v2 | VMR v701 | Matte Black Grill | M-Sport Shift Knob
|
|
Appreciate
0
|
09-11-2010, 08:35 PM | #12 | |
Major General
1055
Rep 5,660
Posts |
Quote:
What the cop said, but didn't include in the citation is irrelevant as well. You are not accused of what is not written on the citation. Keep all discussion in court limited to the case at hand. Seriously, though, I'm a bit unclear why you even asked us this question. One needn't be an attorney to know that a citation for not stopping at a nonexistent stop sign (on a street you weren't driving on, no less) is easily defeated in court.
__________________
Cheers,
Tony ------------------------------------------------------------------------------------------ '07, e92 335i, Sparkling Graphite, Coral Leather, Aluminum, 6-speed |
|
Appreciate
0
|
09-11-2010, 08:48 PM | #13 |
Lieutenant Colonel
74
Rep 1,859
Posts |
What is the ticket for failing to stop at a stop sign anyway?
I can't be bothered to deal with petty crap like this by going to court, and I never have on moving violations.....but I guess it comes down to principal if you know you didn't do it. GL.
__________________
|
Appreciate
0
|
09-11-2010, 09:04 PM | #14 |
I ask the questions you're afraid to ask.
44
Rep 2,489
Posts |
Depends on the ticket. 120 in a school zone is bad, 64 in a 55 probably makes no difference.
|
Appreciate
0
|
09-11-2010, 09:08 PM | #15 |
Major General
122
Rep 6,594
Posts |
Take Tony's advice here. Lots of good points, and you should have no problem with this in court.
__________________
X7 LCI // Incoming C7 ZR1 ZTK // Sebring + TRX // Hydro + Raptor Gen1 Roush // Tuxedo |
Appreciate
0
|
09-11-2010, 09:12 PM | #16 | |
I ask the questions you're afraid to ask.
44
Rep 2,489
Posts |
Quote:
|
|
Appreciate
0
|
09-11-2010, 09:17 PM | #17 | |
I ask the questions you're afraid to ask.
44
Rep 2,489
Posts |
Quote:
The actual cost of the ticket is a minuscule part of the overall cost to you - if you don't care about that then you have too much money. |
|
Appreciate
0
|
09-11-2010, 10:42 PM | #18 | |
Major General
1055
Rep 5,660
Posts |
Quote:
But surely there mustn't be more to this story for if there were, the OP surely has the wisdom to see s/he could not expect anyone here to provide useful information if s/he obfuscates or misstates facts of the situation. And the OP wouldn't waste our time asking for input (... the OP's purpose surely wasn't just to whinge on about this...) about a half truth...
__________________
Cheers,
Tony ------------------------------------------------------------------------------------------ '07, e92 335i, Sparkling Graphite, Coral Leather, Aluminum, 6-speed |
|
Appreciate
0
|
09-11-2010, 10:45 PM | #19 | |
Major General
1055
Rep 5,660
Posts |
Quote:
Even possessed of scads of cash, one must surely have better uses for it than giving it to the insurance companies et al....
__________________
Cheers,
Tony ------------------------------------------------------------------------------------------ '07, e92 335i, Sparkling Graphite, Coral Leather, Aluminum, 6-speed |
|
Appreciate
0
|
09-12-2010, 12:06 AM | #20 |
First Lieutenant
3
Rep 329
Posts |
"Also on the ticket, where it says location of violation does not even have a stop-sign as we were sitting at a red light."
If this is true, take pictures, get a lawyer, and it will be dismissed. The ticket is not properly completed and is invalid. A
__________________
2011 BMW 335is Convertible
2011 Toyota Sienna Ltd AWD 2010 Lexus HS250h 2010 Honda Civic LX |
Appreciate
0
|
09-12-2010, 08:06 AM | #21 |
Private
1
Rep 81
Posts
Drives: '11 335d, '03 325i
Join Date: Aug 2010
Location: Oak Harbor, WA
|
Do you even need a lawyer to go to traffic court? From what I've heard, half the time the cop who wrote the citation doesn't even show up, so the accused either gets a reduced "sentence" or it is thrown out completely. Paying for a lawyer would take YEARS for the small extra premium on insurance to make up, and it would come off his record a few years later anyway.
|
Appreciate
0
|
09-12-2010, 09:22 AM | #22 |
Colonel
37
Rep 2,084
Posts |
This is Chicago. If you're willing to wait in line at traffic court, you will probably get off. Easiest way is to tell the clerk "my wife/dad/brother is a lawyer, he/she said ..." The clerk will usually say, "Oh, your wife is a lawyer? You don't have to pay this." If the clerk doesn't dismiss it, then you wait a few more hours to see the judge, and the cop won't show up.
|
Appreciate
0
|
Bookmarks |
|
|