Going to fight my ticket!

[CKMustangCobra]

OK... few things and I'll start from the top!

Anyone who has fought a ticket before I NEED your advice so please read (What else are you gonna do!? Pull it!?)

Ok... 4/19, corner, pulled out and got squirrely... got a ticket for violating 316.191 (1). This law is for racing on public highways. I printed out the definition of racing (The act of competition between 2 persons or vehicles......). I feel that I was given a ticket for something I didn't do. I fully admit that I was "burning rubber" (written in notes section of citation), but I was in no way in competition with another vehicle. This ticket is 4 points and I think that it is BS. So I want to take it to court!

On top of all this (this cop is an idiot) he turned in his paperwork incorrectly and I got a notice on 4/29 for failure to appear in court. I have 30 days to decide my option and I get a notice saying that I'm warranted now and I owe court fees and crap. On this notice the citation number matches what I have on my copy, but the violation is different. I have violation 316.191 (1) on mine and the notice has 316.191 (a) (2). The notice in my opinion has the correct violation (aggressive driving, excess of acceleration). So with all this wrong, and bringing in printed documents of laws and violations, do you think I have a good chance of winning???? This beeeotch cop might not even show up! So..... let me know! Thanx!

 

[KevinB120]

Im not too sure, but sounds worth contesting to me. People get off for murder for bad paperwork:shrug: Adam will probably know, hes like the wizard of oz here

 

[CKMustangCobra]

Thanx for the reply..... I've never fought one before.... but I guess I now have to since I have a warrant now!

 

[CuLaTeR]

Personally, I myself would fight that ticket. You will win the case. The officer can't change the charge like that after the fact. He sited you for one thing and charged you after the fact with a seperate driving infraction. Did you sign the ticket with the initial infraction he stopped you for? If this is the case you will win.

 

[CKMustangCobra]

Yes... I signed.... but from other sources what has ahppened with the staute could still be used against me. They can't change the chapter (316) and they can't change the sub chapter (191) but they can change the title (1) to (a) (2) if the feel a different violation occured...

so I'm still wondering! Please excuse me called the cop names, sure it was an honet mistake and I was just mad!

 

[FordSVTFan]

Originally posted by CuLaTeR
Personally, I myself would fight that ticket. You will win the case. The officer can't change the charge like that after the fact. He sited you for one thing and charged you after the fact with a seperate driving infraction. Did you sign the ticket with the initial infraction he stopped you for? If this is the case you will win.

The officer can indeed amend the charge!! Signing the ticket is just admitting receipt of the ticket and notification of a court date( in some cases).

 

[CuLaTeR]

Yes amend not change.

 

[Leadhead]

You need to do some research on the traffic laws in your state. There are small time legal classes that you can take that help you win traffic tickets. I took one when I lived in california and the methodology should work in any state because the format is the same, but the vehicle codes are different. I won my ticket, but it cost me more than if I were to just pay it but it sounds like you are more of a man of principle.

Basically it works like this. First municipal courts like traffic court would actually be unconstitutional, but believe it or not you can actually have a jury of 12 peers if you request it, this is what makes them legal. What you have to understand is that THE JUDGE DOES NOT HEAR LAW, only vehicle code, and there is a HUGE difference. You can not win a case legitamitely in traffic court, what you have to do is DO NOT PLEAD under no circumstances. This is very hard because the judge or the police officer acting as the d.a. will try to enter one for you. Don't let them. Your goal is to try to get your case out of traffic court and into superior court where they hear law. Actually, I take that back, if you can get the judge to go on record to say that your "racing" charge is a CRIME, then you can plea not guilty and lose, but then you can do a legal appeal and the case will go to superior court which hears our version of british common law which says that there are only three instances that would define a crime being commited: 1 Damage to person. 2 Damage to property 3 Breach of contract. Speeding or raceing or anything like that does not fall into any of these catagories and you have a leg to stand on. What the da will try to do is say that you are in violation of the breach of contract because your dmv license is a contract that you will follow the vehicle code, but there are strict rules about private entering contract with the government and a dmv license as a contract violates a whole bunch of them. I did win mine, but was very lucky because you have to be on your toes and site certain statutes and reasons for those to get the judge to hear certain things and I missed a bunch of them. The fight in traffic court took the most time and I had several different judges, a commisioner and even a d.a. was brought in. Alot of paperwork and court appearances happened and I had LOTS of help in getting the paperwork done correctly.

If you fight it, just remember the time and money is on their side and they are going to embarrass you and make it as inconvienient for you as possible!

Good Luck!:thumbsup:

 

[SVT4ME]

Be careful because allot of these judges have heard it all before. They could care less about your rights and just want to put an end to this

 

[SVTHorsnake]

the cop not showing is not an automatic win UNLESS you subpoena (spelling???) the officer first... check the laws in your area as to how to go about doing this and then subpoena his bitch-ass! :bash:

 

[99cobrablack]

COP does not have to show up in kansas,most of the time the judge presents notarized statement for their testamony on less than felony charges, even if you win you lose cause they will just lay and watch for something else espcially if you win the first time

 

[Jon]

Where was the cop at the time you were burning rubber?

 

[Na7e]

Florida did have a "failure to use due care" something like that, I gotten that ticket before, back in '93, along with many others when I lived in Florida. The Failure to use due care or what ever it may be now is a $60 ticket and maybe 1 point? something you might want to check into. You might be able to get the charges reduced to that.

Nate

 

[CKMustangCobra]

Nope.... they'tr pretty strick on the racing thing.... especially around where we hang out (FuelSlut).... the cop was 1 block away waiting at a light.... I pull out, light changed, I hit it to get out of the way (for real), get squirrely and then get a ticket for racing..... I mean come on!....

 

[LogiWorld123]

COP does not have to show up in kansas,most of the time the judge presents notarized statement for their testamony on less than felony charges, even if you win you lose cause they will just lay and watch for something else espcially if you win the first time

So do citizens of Kansas have a right to cross examine the notarized statement?

Or maybe Kansas hasn't heard of the 6th amendment?

....to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor...

Or has Kansas simply deemed traffic violations to not be of a criminal manner?

Or can someone explain this to me so I dont have to go look it up?

 

[VenomousSVT]

I would plead guilty to an unsafe movement. That way it is still a ticket so they think they accomplished something and you only get 1 point. If your were just spinning the tires then this would be considered an unsafe movement(unnecessary takeoff) But if you were not ingaged in an illegal speed competition then you may be able to beat it that way. 1 point is tons better than 4.

hope this helps
Travis

 

[CKMustangCobra]

That's what I was thinking... I don't mind paying for my mistakes, I just want to pay for the correct one! Nice car BTW!

 

[FordSVTFan]

Originally posted by Scoriox
So do citizens of Kansas have a right to cross examine the notarized statement?

Or maybe Kansas hasn't heard of the 6th amendment?



Or has Kansas simply deemed traffic violations to not be of a criminal manner?

Or can someone explain this to me so I dont have to go look it up?

Matt, I dont know Kansas code. But it might just be that traffic violations are NOT in the Criminal Code.

 

[LogiWorld123]

Originally posted by FordSVTFan
Matt, I dont know Kansas code. But it might just be that traffic violations are NOT in the Criminal Code.

Possibly, but then how do you classify DUI's?

Do you make them criminal code, even though they are traffic?

Screwy!

 

[ssssnake]

I think my husband will be fighting his ticket. Got one the other day for the dreaded "no front license plate," which the policeman said we would not have to pay if we got the plate put on. Went down and had Ford drill the holes (made me sick) and put the bracket on. Went over to the municipal court yesterday and the lady said that we had to pay $90.00 because the bracket wasn't on the car when we got the ticket. My husband said that they could come get him because he wasn't going to pay the $90. The lady said she would set a court date. Can you believe this bull$hit?