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Do I have a case for fighting a traffic ticket that was written wrong if it's my word against the officer's?

  
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Do I have a case for fighting a traffic ticket that was written wrong if it's my word against the officer's?

Postby delrico » Thu Apr 19, 2012 1:49 am

I was driving home from my college, taking the same route I take everyday when an officer pulled me over on the ramp to the freeway. He wrote me a ticket for an illegal turn on red. Right before entering the freeway there is a 'stop here on red' (which means come to a complete stop and proceed when traffic is clear.) so I thought he might have made a mistake but when I got home and read the ticket I found out that he put down that I was driving in the opposite direction on the next street over. I know where I was because I take the same route home from school everyday.
I went back and took pictures of the ramp and the sign and brought them in to court and showed them to the prosecutor. The officer who pulled me over was not there but there was another officer from the same department present and he said the officer who pulled me over was unable to come because he was at a funeral. When I started to explain my situation the officer and the prosecutor basically accused me of lying. I started crying and the persecutor said he was going to offer me a reduced judgment but he couldn't do that if I was going to make things up. I was very emotional so he asked me to leave the room and come back when I'd made my decision. While I was outside the officer who was in the office with us came up to me and told me I should just take the reduced judgment because there's no way I would win in court.
I went back in the office and asked the prosecutor if I had to make a decision right away. He said I did so I took the reduced judgment which was impeding traffic $140 but when I looked at the paper the court gave me with the fine it said that I still have 7 days to request a formal hearing. I have been driving for 7 years and have never had a ticket for breaking a traffic law. The only tickets I've had are equipment violations(cracked windshield) and an accident I was in a couple of years ago. Do I have a chance of fighting this ticket if it's the officer's word against mine? The only proof that I have is that I am a registered student and that I was heading in the direction of my house. Should I just pay it and get it over with?
delrico
 
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Do I have a case for fighting a traffic ticket that was written wrong if it's my word against the officer's?

Postby collyer » Thu Apr 19, 2012 1:55 am

I was driving home from my college, taking the same route I take everyday when an officer pulled me over on the ramp to the freeway. He wrote me a ticket for an illegal turn on red. Right before entering the freeway there is a 'stop here on red' (which means come to a complete stop and proceed when traffic is clear.) so I thought he might have made a mistake but when I got home and read the ticket I found out that he put down that I was driving in the opposite direction on the next street over. I know where I was because I take the same route home from school everyday.
I went back and took pictures of the ramp and the sign and brought them in to court and showed them to the prosecutor. The officer who pulled me over was not there but there was another officer from the same department present and he said the officer who pulled me over was unable to come because he was at a funeral. When I started to explain my situation the officer and the prosecutor basically accused me of lying. I started crying and the persecutor said he was going to offer me a reduced judgment but he couldn't do that if I was going to make things up. I was very emotional so he asked me to leave the room and come back when I'd made my decision. While I was outside the officer who was in the office with us came up to me and told me I should just take the reduced judgment because there's no way I would win in court.
I went back in the office and asked the prosecutor if I had to make a decision right away. He said I did so I took the reduced judgment which was impeding traffic $140 but when I looked at the paper the court gave me with the fine it said that I still have 7 days to request a formal hearing. I have been driving for 7 years and have never had a ticket for breaking a traffic law. The only tickets I've had are equipment violations(cracked windshield) and an accident I was in a couple of years ago. Do I have a chance of fighting this ticket if it's the officer's word against mine? The only proof that I have is that I am a registered student and that I was heading in the direction of my house. Should I just pay it and get it over with?
The charges should have been dismissed. The other officer was not present at the time that you were written the ticket so how can he possibly know if you were lying or not. I would fight it, See if you can get the recording of the first trial and point out to the judge that the only reason you plead guilty in the first place was because you were intimidated by this police officers accusations of lying. Then go on to say that you really didn't do this and then show the same evidence that you presented the first time.

You may still lose, BUT you have a much better chance of winning after this incident.
collyer
 
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Do I have a case for fighting a traffic ticket that was written wrong if it's my word against the officer's?

Postby weiford » Thu Apr 19, 2012 2:01 am

You should ask for a hearing. The other officer cannot testify about anything to do with the ticket, as he was not there. The state cannot base a prosecution on hearsay. You have the right idea with the photographs, if they truly show the direction you were traveling, go for it. Ask for a continuance until the officer can be present, or failing that, move to dismiss for failure to prosecute.
weiford
 
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