Need ticket advice

[mazdatech78]

Ive seen other posts here about speeding tickets and what not. I need some advice on a stop sign ticket I got today.
I left work and took a back way home. I always use this road for test drives at work so I know every inch of this road. Im driving my Jeep which has a 5-speed in it. I go and make a quick stop and take off again. My stop lasted the time it took to take my foot off the brake and back to the gas. While im stopping and taking off I see this cop sitting there watching for stop sign runners. As im driving up the road he pulls out and pulls me over. He came up to the car and said this isnt California and I rolled through the intersection. I told him I didnt. He wrote me a ticket anyway.
Funny thing at the end he thanked me for wearing my seat belt. Funny part about it is my buckle has been broken for almost a year and I wasnt wearing it. I have a perfect driving record and am not about to have this money hungry city ruin it. Im just wondering what corse of action to take. Any input would be greatly appreicated. Thanks

James hondatech78@yahoo.com

 

[RobsIron]

Go to Court.

I just went last week. Before the Judge started he said that he will withhold Judication on everyone except speeding in work and school zones and running a stopped school bus.

Don't plead Not Guilty. If you do it will be continued at a later date and you'll have to go back.

If the Officer shows up you can plead No Contest with explanation and give your side of story. If the Officer doesn't show plead No Contest. Either scenerio you will probably have Judication withheld (no points)and pay court costs and be done with it. (Not one Officer showed up all day.)

Court costs are determined by your past driving record.


My fine was high.

 

[mazdatech78]

Any more suggestions?

James

 

[gofstbuick]

Do a trial by written declaration and if you loose, you'll still have another opportunity in court. You in essence get two chances to plead your case. Plus the officer also has to prepare a written declaration and he my be too lazy to do it. Then if you lose, and plead not guilty before a judge, he/she will have to show up in court as well. There are your two chances.

 

[crownvic96]

well this is tricky. you need to ask people from wherever this ticket was gotten at. not every place is going to have the exact same laws. what one person from california or florida will tell you may not be the case where you are at. maybe call some lawyers and ask over the phone or just go down to the courthouse and ask them what your options are in front of the judge.

 

[TurboJunky]

The above 2 suggestions aren't even close to what takes place in Michigan.

When ticketed for a traffic violation an offender has several options:

- Plead "not responsible" and request either an informal hearing (in front of a Magistrate/no lawyers) or a formal hearing (lawyers in front of a Judge). The officer will be represented by the state or local prosecutor at a formal hearing.

- Plead "responsible with explanation" where you may get a break on the fine but a Judge/Magistrate has no authority to reduce the charge and/or points. The state (officer) can make a motion to have the citation reduced to a no point infraction or dismissed and must be approved by the jurist, and usually is.

- Plead "responsible" which means you admit 100% responsiblity, pay the full fine and get the points on your record.

When you have a hearing the state proceeds first giving testimony followed by the defendant. The Magistrate (informal hearing without lawyers) or Judge (formal hearing with lawyers) makes a determination of responsiblity based on the legal definition of "preponderance of evidence" which is a 51% majority.

Here, the Michigan Supreme Court found "driver's probation" where the ticket is set aside for a certain amount of time and dismissed upon no further citations illegal.

As far as a stop sign infraction goes all the officer has to prove is that your vehicle did not stop 100% before proceeding past. If your tires were rolling AT ALL then you're responsible. Based on your initial post of the incident it sounded like you in fact did not come to a complete stop but instead slowed or rolled then accelerated on.

Personally, I don't write stop sign tickets unless the driver makes little attempt to slow down before proceeding safely or cut in front of someone without stopping completely.

We're not your judges or jurors but do you honestly feel you came to a complete stop where your vehicle was motionless before you proceeded? If you say NO then you should work on an angle to try and have it reduced. If you completely stopped, your car was motionless and your tires stopped rolling before starting up then you could fight it out.

In my opinion you should contact the officer that ticketed you at the station. Make a meet and greet to put your best foot forward and discuss the possibility of a reduction at court. If you didn't stop completely let him know that you were in the wrong and am willing to accept responsibility for it. Most officers look very favorably on someone who takes responsibility for their actions and freely admits it. It goes a long way to helping you out. It eliminates the "us vs. them" wall. One thing the court and officers don't respect is someone who blatently lies to them and especially the court when you're under oath. Remember, officers and judges have heard it all before and are very good at detecting inconsistencies in stories and personal mannerisms when one's not being truthful. It especially irks judges when they hear "the other guy did it" or "I see it all the time and no one else gets stopped". Hearings aren't about other people, it's about YOU and what you allegedly did.

Hope that helps.....

 

[joemama]

Definately go to court. Hope the judge has had a good day or morning. If the cop doesnt show definately say not guilty,and you will be walking out the door. If the cop does show and probably will just say your opinoin of what happened. Definately tell them about your clean driving record and the judge should be leanient.

 

[TurboJunky]

Originally posted by joemama
Definately go to court. Hope the judge has had a good day or morning. If the cop doesnt show definately say not guilty,and you will be walking out the door. If the cop does show and probably will just say your opinoin of what happened. Definately tell them about your clean driving record and the judge should be leanient.

I can't speak for all states but it's outside the judge's authority to find a driver responsible for a lesser offense in MI. They may lower the fine within the bounds of state law but that's it. In short, it's either responsible or not responsible. Clean driving records are irrelevant regarding whether or not the offense as charged was committed.

If officers don't show and the ticket is dismissed the officer has the option to appeal and get another hearing. I've done that on many occasions.

 

[gnxtc2]

Each state is going to be different. I am a LEO in the Republic of NJ.

He are some tips, then again every state is going to be different.

-Set up a court date.
-Check in with the judge
-Usually the judge will ask if you are guilty or not.
-Choose not guilty
-Then the judge will say "If anyone would like to speak with the Prosecutor, please exit the courtroom. He is in the hallway"
-Get on line to speak with the Prosecutor.
-Ask the Prosecutor for a plea
-You and the Prosecutor make a deal and you go back into the courtroom and wait for name to be called. Usually a fine with no points.
-The judge amends the charge to a fine (usually higher than original fine) but with no points.

OR

Take it to trial. Officer testifies and then you testify, ask officer questions, ect. But if you loose the trial, not only pay the fine but also court costs and you get the points.

Here in NJ. If you are behind a car that stops for a stop sign and have clear view of the intersection from your stopped position, you are not required to stop again.

Remember, each state is different

Billy T.
gnxtc2@aol.com

 

[mazdatech78]

Just an update on my ticket situation. I went to mayors court Tuesday. I plead not guilty. The prosecutor calls me into the hallway. He says that he is impressed with my driving record especially for a guy my age. He drops the ticket to a no points violation and I plead no contest to that and pay my fine. Im glad driving like a grandma saved me some points Thanks again for all the input.

James

 

[BlownZ]

Was the cop there that wrote you the ticket?

If not...you got duped.

 

[mazdatech78]

No, he wouldnt have had to show up unless I wanted to go to trial. That would have been a separate court date. I just wanted to keep my driving record clean. I would have rather not paid a dime, but I got what I wanted. I just have to look at it that I got robbed by the city. Thanks Maple Hts, OH. A**holes

James