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Dealing with a traffic violation

nonplussednonplussed Registered User regular
edited January 2010 in Help / Advice Forum
So, it's the first hour of the New Year and I get cited for a traffic violation.

Yes, not a DUI but a traffic violation. Such wild and crazy adventures I have.

This is my first ever so I'm not sure how to deal with it. I asked the officer what I'd done and she told me I ran a red while making a right turn.

I don't recall explicitly running the red in such a vicious manner as she was describing but, as I was unfamiliar with the area and using my GPS to navigate home, I wasn't paying much attention to the light as much as I was the traffic (of which there was none, being 12:45 AM on New Year's day) so, admittedly, I may have done a classic rolling stop without realizing it.

I'm 25 and I've had my license since I was 18 and have been blemish free up to this point. What options do I have? Will this serve as any foundation for me to contest the ticket? I also would like to point out to them that it was a completely barren intersection on the first day of the year (which, I admit, should have been a clue for me to drive with more care but I was tired) and that she was being particularly mean in citing me rather than letting me go with a warning but I imagine the big bad book of laws will be held over my head if I head down that patch of booby-trapped road.

I've done some preliminary research and I understand, from second-hand experience, that I can go to traffic school (thus removing the point from my record) and plead financial hardship to do community service in lieu of paying the bail.

TL; DR Anything I can do for a 21453 a red signal violation besides straight up paying the bill and admitting guilt?

Xbox GT: namplussed
nonplussed on

Posts

  • RaneadosRaneados police apologist you shouldn't have been there, obviouslyRegistered User regular
    edited January 2010
    contesting a ticket means you're saying you didn't do it

    the law does not stop being the law just because there's no traffic

    yes do not use the "the cop was mean" tactic
    although it is strange that they gave you a ticket straight up instead of a warning

    oh well, your cop was harsh



    how much was the ticket?

    Raneados on
  • Bendery It Like BeckhamBendery It Like Beckham Hopeless Registered User regular
    edited January 2010
    ouch dude, SD was nuts tonight, if you were coming out of PB or any B really the cops were pissed and giving tickets out left and right for every little thing or so I'm told.

    Nothing you can do about it but pay the ticket or contest it. Contesting it you're really banking on the police officer not showing up.

    Bendery It Like Beckham on
  • CrashtardCrashtard Registered User regular
    edited January 2010
    I don't know how it works in CA, but in MI (for example) you can mark not guilty and then you basically have a meeting with the officer & and magistrate where you can plead your case. Usually what I did is go in and try to make a deal to plead the ticket down to something like no seat belt with which doesn't carry any points on your license. Again though, I don't know if this is possible in CA but I imagine it is somehow.

    Crashtard on
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  • nonplussednonplussed Registered User regular
    edited January 2010
    Upon reading over my copy of the Notice to Appear in court, I don't have a location checked nor does it say how much my fine was anywhere.

    What am I supposed to do about this? I understand the courtesy notice is just that and may not come in the mail and I don't want to have to go to jail if I fail to appear at a court that was never chosen by the officer that pulled me over.

    nonplussed on
    Xbox GT: namplussed
  • Casually HardcoreCasually Hardcore Once an Asshole. Trying to be better. Registered User regular
    edited January 2010
    In Denver Colorado there is a number you have to call.

    When you call this number, a hand reaches out and squeeze your balls while telling you that you know owe the city $500. They also give you information on where and when to go to the court house.

    When you reach the court house, the prosecutor will sweet talk you into pleading guilty. Usually you'll say yes because $100 and a few points off of your licences is a lot better then $500 and 7 points off of your licences.

    So you can either plead guilty, or plead not guilty. IF you plead guilty, you wait in line, go infront of a judge, say 'I'm guilty', get in line in front of the cashier, and give them money.

    If you plead not guilty, then you have to appear in court and prey that the police officer doesn't show up. You case will be drop. You owe them nothing. If the police officer shows up, you're screwed.

    Casually Hardcore on
  • CauldCauld Registered User regular
    edited January 2010
    I happen to have a NYC parking ticket next to me. I'm sure there's some differences, but it says you can call 311 to get 24 hour assistance. This website seems to answer your questions: http://www.nydmv.state.ny.us/broch/c49.htm

    Edit: After re-reading your post, I want to make sure you understand that right turns on red aren't allowed in NYC, unless there's a sign stating otherwise.

    Cauld on
  • nonplussednonplussed Registered User regular
    edited January 2010
    I wouldn't dream of making a red turn on right in New York but San Diego's a bit different.

    I understand that it functions like a stop sign when making one and you have to defer to any traffic heading into the lane you're about to turn into (perpendicular traffic and any traffic turning left in the opposite, oncoming lane).

    nonplussed on
    Xbox GT: namplussed
  • Evil_ReaverEvil_Reaver Registered User regular
    edited January 2010
    Your best option is to just pay the ticket and complete online traffic school so that the points don't go on your record/won't be reported to your insurance company. You'll probably be out around $500 for the ticket and traffic school.

    Edit:

    I forgot to note that you don't even have to go to court with this option - you can pay your ticket and do traffic school online.

    Evil_Reaver on
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  • GoofballGoofball Registered User regular
    edited January 2010
    Your best option is to just pay the ticket and complete online traffic school so that the points don't go on your record/won't be reported to your insurance company. You'll probably be out around $500 for the ticket and traffic school.

    Edit:

    I forgot to note that you don't even have to go to court with this option - you can pay your ticket and do traffic school online.

    ... IF the ticket/violation is eligible and the state the it occurred in allows traffic school.

    You will need to call the court information line and find out if you are eligible for traffic school dismissal or not and what the process is. DO NOT just "pay the ticket" as in at least a couple of states I am aware of this is the same as admitting guilt and disallows you from using traffic school to have the complaint dismissed.

    If you are eligible, don't mess around. Take the traffic school online or in person, submit whatever paperwork you need to the court and be done with it. It'll save you money in fine costs and definitely long term in reduced insurance rates since the points will not be applied to your driving record.

    Goofball on
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  • Evil_ReaverEvil_Reaver Registered User regular
    edited January 2010
    Goofball wrote: »
    Your best option is to just pay the ticket and complete online traffic school so that the points don't go on your record/won't be reported to your insurance company. You'll probably be out around $500 for the ticket and traffic school.

    Edit:

    I forgot to note that you don't even have to go to court with this option - you can pay your ticket and do traffic school online.

    ... IF the ticket/violation is eligible and the state the it occurred in allows traffic school.

    You will need to call the court information line and find out if you are eligible for traffic school dismissal or not and what the process is. DO NOT just "pay the ticket" as in at least a couple of states I am aware of this is the same as admitting guilt and disallows you from using traffic school to have the complaint dismissed.

    If you are eligible, don't mess around. Take the traffic school online or in person, submit whatever paperwork you need to the court and be done with it. It'll save you money in fine costs and definitely long term in reduced insurance rates since the points will not be applied to your driving record.

    I should have specified. I'm 90-97% positive that his ticket is eligible for that kind of treatment. I used to live in CA and I had a similar violation about a year and a half ago. Took care of all of it online and never had to go to the courthouse.

    Evil_Reaver on
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  • CauldCauld Registered User regular
    edited January 2010
    I could have sworn you wrote you got the ticket in NYC, sorry for giving all the irrelevant advice.

    Cauld on
  • SliderSlider Registered User regular
    edited January 2010
    Hire a Lawyer and get it dropped.

    Slider on
  • AvicusAvicus Registered User regular
    edited January 2010
    Does your insurance company really have access to your traffic violation records in the US? :O That just seems so foreign. Over here in Aus the only thing that can increase your rates is actually getting into an accident.

    Avicus on
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  • RaneadosRaneados police apologist you shouldn't have been there, obviouslyRegistered User regular
    edited January 2010
    Slider wrote: »
    Hire a Lawyer and get it dropped.

    i doubt that would cost less than the ticket

    Raneados on
  • AwkAwk Registered User regular
    edited January 2010
    Raneados wrote: »
    Slider wrote: »
    Hire a Lawyer and get it dropped.

    i doubt that would cost less than the ticket

    Perhaps he's interested in a clean record.

    Awk on
  • Evil_ReaverEvil_Reaver Registered User regular
    edited January 2010
    Awk wrote: »
    Raneados wrote: »
    Slider wrote: »
    Hire a Lawyer and get it dropped.

    i doubt that would cost less than the ticket

    Perhaps he's interested in a clean record.

    Paying the ticket and doing online traffic school would keep the points off of his record.

    Evil_Reaver on
    XBL: Agitated Wombat | 3DS: 2363-7048-2527
  • SavantSavant Simply Barbaric Registered User regular
    edited January 2010
    Do you remember exactly what you said to the cop? Because they probably do, and likely wrote it down. If you admitted guilt to them then they'll have that on you, which if you did will complicate matters if you try to contest it.

    Savant on
  • ZombiemamboZombiemambo Registered User regular
    edited January 2010
    Did you do it? If the answer is 'yes,' pay the stupid ticket.

    Zombiemambo on
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  • EskimoDaveEskimoDave Registered User regular
    edited January 2010
    DMV wrote:
    Paying a Fine

    California has several options for paying your traffic ticket fines to the courts. You may:

    * Pay by mail

    * Pay online

    * Pay at the courthouse

    Note that traffic citations are not handled by the California DMV, but by the court in the area where you were cited. The DMV is, however, responsible for updating your driving records to include any points incurred as a result of traffic conviction.
    Pay by Mail

    If you choose to pay your fine without entering a plea with the court, understand that you are essentially pleading guilty to the traffic charge. Keep in mind that many traffic citations add points to your driving record.

    To find out your fine amount, usually you have to contact the court by phone or through its Web site. Both points of contact should be printed on the ticket.

    Send a check or money order to the address indicated on your ticket. Make sure your check has your full name, the citation number, and your driver's license number on it.
    Pay Online

    The courts in some California counties let you pay your fine online. You just enter your citation number, select the courthouse listed on your ticket, and pay with your credit card.
    Pay in Person

    To pay your fine in person or to contest the charges, appear at the traffic court on or before the court date indicated on the citation. If your county offers it, you can attend a night court session. You might not even have to face a judge―often a cashier will simply receive your guilty plea and your payment.

    If you choose to contest the charges and go to trial; or if you are offered the option of attending traffic school; you will still be required to pay a fine, either at that time or at a later date.

    Note that traffic citations are not handled by the California DMV, but by the court in the area where you were cited. The DMV is, however, responsible for updating your driving records to include any points incurred as a result of traffic conviction.

    http://www.dmv.org/ca-california/paying-traffic-tickets.php

    EskimoDave on
  • DiscoZombieDiscoZombie Registered User regular
    edited January 2010
    man, you guys are harsh. Has no one ever had a minor moving violation before? For something this silly and minor, hiring a lawyer would be ridiculous. $500 for right on red would also be ridiculous, unless they're crazy strict over there in CA.

    Always go to court for a minor moving violation. Usually you can plead your way out of the points, even if you're guilty. Is turning right on red illegal there, or was it a no-right-on-red intersection, or did they just say you didn't stop before turning? I got a right on red ticket in NJ once, where it's legal to turn right on red, but it was a posted no-right-on-red intersection. It was something like 2 points and $150. I went to court and said the light was yellow, which it was IMO. The cop said it wasn't, unsurprisingly. They said I could take the option of a higher fine with no points, so I just went that route. It wound up being about $200 iirc.

    Only other time I got a moving violation was for reading a book while "driving". It was in standstill traffic. I had a book open on my lap because we weren't going anywhere. Didn't know a cop was behind me. He gave me a ticket for careless driving, since that was the closest thing to a law against reading while driving that there is. I contested it. I told the judge that yes, I shouldn't have had a book open while behind the wheel and I would never do it again, but I thought careless driving (which was like 4 points and a $200 fine) was a harsh penalty considering the traffic was barely moving. The judge threw me a bone and dropped it entirely.

    So just go to court, be polite and honest, and take what you can get.

    DiscoZombie on
  • AwkAwk Registered User regular
    edited January 2010
    Did you do it? If the answer is 'yes,' pay the stupid ticket.

    Or plead not guilty, have them provide a deal, and accept. Welcome to the legal system!

    Awk on
  • ChrisDudeChrisDude Registered User regular
    edited January 2010
    Good Advice.

    Listen to this man. It sounds like you made a simple mistake while heading home on New Years and the cop was an asshole about it. So, figure out when the court date is, then dress yourself up a bit and head in there to plead your case to the prosecutor. Since you've got no other violations in your 7 years of driving, they'll probably be understanding about it and either reduce the penalty or waive everything. The court system has to deal with a lot of assholes and degenerates, so when a respectful person comes in to talk intelligently about their problem they usually try to help.

    ChrisDude on
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  • ThanatosThanatos Registered User regular
    edited January 2010
    Slider wrote: »
    Hire a Lawyer and get it dropped.
    You can do traffic school in California for substantially less than it will cost you to hire a lawyer. As long as you don't get another ticket within a year, you'll be fine.

    It sounds like you just got a cop who was pissed off that she was working on New Years Day. Not much you can do about it, though.

    Thanatos on
  • nonplussednonplussed Registered User regular
    edited January 2010
    Upon reflecting on the encounter, I can say for certain that my response to her asking me if I had known what I had done would be have not been an admission of guilt. She asked me if I knew I had ran a red light and I admitted that I did not.

    I can't honestly say if I did what she said I did. What I do know is that I would have made that right turn after pausing long enough to assess that it was safe to proceed.

    It'll be my word against hers and I think there's enough reasonable doubt here that I may get a reduced fine or have it thrown out.

    And I understand that some of you have suggested that I just pony up and pay the fine since it'd be easier but I'm not making enough to consider this potentially $200 dollar ticket be something I can take lying down without really looking at my options.

    nonplussed on
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  • LavaKnightLavaKnight Registered User regular
    edited January 2010
    So you go in front of the judge on your court date, plead guilty, tell the judge the truth when they ask you if you have anything to say, and hope they reduce the fine. They often do.

    Then you can pay the fine and take traffic school online to get the points dropped as normal, but this way the fine will hopefully be less than if you just pay it right away.

    Don't fight it, it's not worth it.

    I got pulled over for a (coincidentally, here in Nevada we call them 'California stops' :P ) at a stop sign, and even though I felt like I stopped due to having to shift into first gear upon stopping, that sort of thing is really hard to prove against the word of a cop.

    Your best bet is to find out the fine and court date, make a decision as to whether getting the fine reduced is worth it to you, and either pay it now and take traffic school, or go to court on the designated day and pay whatever fine the judge deems reasonable and take traffic school.

    LavaKnight on
  • Peeps ChickenPeeps Chicken Registered User regular
    edited January 2010
    Bear in mind the cop might have video in his car. That should be easy to check just by looking at a few cars in the area. If there's video, and if you did roll the stop, and if you contest it, you're probably going to get hosed hard.

    Maybe the cop is just being an asshole. Or maybe the cop won't give a warning to somebody if that person won't accept responsibility and admit it. You don't HAVE to admit it on scene, but they don't HAVE to issue a warning either. If you both dispute each other's account of what happened, court is precisely the place to settle the dispute.

    Peeps Chicken on
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