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[LAW] Contesting a Ticket

Desert_Eagle25Desert_Eagle25 Registered User regular
edited June 2009 in Help / Advice Forum
I'll try to make this as brief and skimmable as possible, so here are the facts:

1.) I attend the University of California, Santa Barbara. It is my first year here (going on second)

2.) I was in Isla Vista (the neighboring web of party-streets)

3.) I got a ticket for "Vehicle Tampering," but I feel I got off lucky considering I was inebriated (not drunk though)

4.) Circumstances of the tampering ticket: I supposedly punched a side-view mirror, breaking it. Immediately after I tapped the sideview mirror, a cop pulls me to the side, with me being stunned of course.

5.) The truth: the sidewalk was packed with my friends, there was a brick wall to the left, cars on parked on the right of the sidewalk. It was a tight fit. The side-view mirror was already broken, and I merely hit it with my hand because there was no room.

6.) I have two witnesses who are willing to corroborate, and I took pictures of the sidewalk, the car, the sideview mirror, etc.

7.) Can I fight this ticket? It's $500 and I am piss poor AND in debt.

8.) If I go into court and contest the ticket, what happens? Also, will I need to pay bail? If so, how much is it usually?

My court date is on the 24th of this month, but I might reschedule it for a later date. Any help would be phenomenal. Thanks, PA.

Desert_Eagle25 on

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    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited June 2009
    Well, the fact that you and possibly your friends were inebriated (which sounds like drunk to me) is probably enough to invalidate your word against a cops.

    Esh on
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    Desert_Eagle25Desert_Eagle25 Registered User regular
    edited June 2009
    I wasn't drunk, but buzzed. Though the law may find the differentiation a bit fuzzy, it at least matters to me because my cognitive ability wasn't hindered in the least. One of my witnesses was completely sober for that night.

    Desert_Eagle25 on
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    SentrySentry Registered User regular
    edited June 2009
    A cop watched you hit a sideview mirror, while drunk, after which it fell off?

    I very much doubt it. Sorry man, that sucks, but I think you did get off kinda light considering.

    Sentry on
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    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited June 2009
    Desert_Eagle25 wrote: »
    I wasn't drunk, but buzzed. Though the law may find the differentiation a bit fuzzy, it at least matters to me because my cognitive ability wasn't hindered in the least. One of my witnesses was completely sober for that night.

    I'm assuming the court date is an arraignment? You go in, plead not guilty, then you get a trial date. Then you find a lawyer...

    Esh on
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    JasconiusJasconius sword criminal mad onlineRegistered User regular
    edited June 2009
    Conventional knowledge is that if you actually have the time to take it to court, then do it, because if the cop doesn't show up, the ticket gets thrown out.

    However, check your local laws. I found out recently in some parts of Florida, the cop gets a free day, which means they get one free reschedule.

    Which means you get to take the day off from work. Drive downtown to the court house. Find out the cop didn't show up, and then reschedule and do it all over again. After the second time it gets thrown out.


    Basically, cities want to make it hard enough to where the cost of fighting it is equal to or greater than the actual ticket.


    Your mileage may vary.

    Also. This wisdom tends to apply specifically for speeding tickets.

    You basically have a he-said/she-said case where you admit you were inebriated. That's not going to look fantastic in court.

    Jasconius on
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    happy cabbagehappy cabbage Registered User regular
    edited June 2009
    Try getting a lawyer.

    happy cabbage on
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    eternalbleternalbl Registered User regular
    edited June 2009
    How was the mirror broken? Like the glass, or was it just hanging off the vehicle?

    eternalbl on
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    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited June 2009
    happy cabbage wrote: »
    Try to find a lawyer specializing in tickets, it may cost 40 or 50 dollars, but it beats a 500$ ticket. Alternatively you can just try to contest it and hope the cop doesn't bother to show up.

    Please tell me where you find a lawyer who only charges $50 to go into court to protest a misdemeanor. This isn't a traffic ticket. It's a criminal offense.

    Esh on
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    Desert_Eagle25Desert_Eagle25 Registered User regular
    edited June 2009
    Jasconius wrote: »
    Conventional knowledge is that if you actually have the time to take it to court, then do it, because if the cop doesn't show up, the ticket gets thrown out.

    However, check your local laws. I found out recently in some parts of Florida, the cop gets a free day, which means they get one free reschedule.

    Which means you get to take the day off from work. Drive downtown to the court house. Find out the cop didn't show up, and then reschedule and do it all over again. After the second time it gets thrown out.


    Basically, cities want to make it hard enough to where the cost of fighting it is equal to or greater than the actual ticket.


    Your mileage may vary.

    Also. This wisdom tends to apply specifically for speeding tickets.

    You basically have a he-said/she-said case where you admit you were inebriated. That's not going to look fantastic in court.

    True. Problem is that he didn't test me or anything. Now I was sober enough to talk to the officer, explain to him my night, give him my ID, and he never applied a sobriety test. Will this matter in court? Now, if they ask me, I'm not going to lie - purgery is a whole other thing. I'll admit I had a beer, but in all honesty, that's it. A beer, I don't drink hard liqour. Will my two witnesses mean anything?

    Desert_Eagle25 on
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    TopweaselTopweasel Registered User regular
    edited June 2009
    Simple solution is to contact the owner of the car and try get him to come in as a witness to prove that it happened before hand. Unlike my accident where the other person didn't come into court the Police officer witnessed this incident, whether he saw it correctly or not. Get a lawyer they get these talked down all of the time, trust me I know.

    Topweasel on
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    Desert_Eagle25Desert_Eagle25 Registered User regular
    edited June 2009
    Topweasel wrote: »
    Simple solution is to contact the owner of the car and try get him to come in as a witness to prove that it happened before hand. Unlike my accident where the other person didn't come into court the Police officer witnessed this incident, whether he saw it correctly or not. Get a lawyer they get these talked down all of the time, trust me I know.

    I have the make, model, and license plate number. How do I contact the owner?

    I know there are license-plate reverse lookup services, but they all look shady. Any light on the subject?

    Desert_Eagle25 on
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    Romero ZombieRomero Zombie Registered User regular
    edited June 2009
    Go to court, you can self represent. I would say what happened as you said it. You will more than likely still be found guilty but the judge might lower the fine for you. You can also request to meet the city prosecutor and plead guilty if you just accept a smaller fine. Worth a shot.

    Romero Zombie on
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    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited June 2009
    Desert_Eagle25 wrote: »
    Topweasel wrote: »
    Simple solution is to contact the owner of the car and try get him to come in as a witness to prove that it happened before hand. Unlike my accident where the other person didn't come into court the Police officer witnessed this incident, whether he saw it correctly or not. Get a lawyer they get these talked down all of the time, trust me I know.

    I have the make, model, and license plate number. How do I contact the owner?

    Once again, you're into lawyer country. And lawyers mean $$$. Honestly, fighting this is going to cost you more than $500.

    Esh on
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    TopweaselTopweasel Registered User regular
    edited June 2009
    Desert_Eagle25 wrote: »
    Topweasel wrote: »
    Simple solution is to contact the owner of the car and try get him to come in as a witness to prove that it happened before hand. Unlike my accident where the other person didn't come into court the Police officer witnessed this incident, whether he saw it correctly or not. Get a lawyer they get these talked down all of the time, trust me I know.

    I have the make, model, and license plate number. How do I contact the owner?

    That I don't know, might ask the court, I can't think they can charge you with battering someones property without telling the guy his shits been hit up.

    Topweasel on
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    JasconiusJasconius sword criminal mad onlineRegistered User regular
    edited June 2009
    Desert_Eagle25 wrote: »
    Will my two witnesses mean anything?

    It couldn't hurt

    Jasconius on
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    RazielRaziel Registered User regular
    edited June 2009
    When you hit it with your hand, was it an accident? As in, you were walking along, and as you passed your hand smacked into it? If that's the case, you should probably establish that as clearly as you can.

    Going to court over this may cost you a couple of work days, but generally you will receive a lower fine.

    Raziel on
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    zilozilo Registered User regular
    edited June 2009
    Depending on where you live vehicle tampering may be as little as touching someone else's car without permission. In some of the places I've lived pulling on the door handle counts as vehicle tampering. Intentionally smacking the mirror, regardless of whether it did any damage, definitely would.

    It's probably worth a shot to contest it but I would look into the offense a bit more before I wasted a day at the courthouse.

    zilo on
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