Actually got a ticket for this?!?!

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OutHouse

Lifer
Jun 5, 2000
36,413
616
126
This is very poor advice.
This isn't how you win.

The court has nothing to prove, and will provide no assistance to a pro se defendant as they are required to remain neutral. They aren't required to explain, interpret, or otherwise give you any sort of leeway, and they certainly won't do any math for you.

The state is required to prove that you violated a statute, and the officers testimony is likely the only proof they will provide.

You will offer your proof that you did comply with the law, with your testimony, and your evidence. The best you'll likely be able to do is your own sworn affidavit.

Absent any certified measuring devices, or surveys, its going to come down to your word against the citing officers. Good luck. You'll need to find a few things:

1. the actual statute the officer claims you violated.
2. any prior cases decided in your jurisdiction.
3. How to proceed.

Your best bet however is to simply hire a lawyer.

best advice in the thread.

so OP who popped you? city, county or DPS?
 

KK

Lifer
Jan 2, 2001
15,903
4
81
You shouldn't have told him you were heading down the road to fuck his ugly ass wife.
 

AstroManLuca

Lifer
Jun 24, 2004
15,628
5
81
I would think that, if there is no law saying how long you must signal for when making lane changes, you could get the ticket thrown out as long as the cop says you signaled. Assuming that is what's written on the ticket ("not signaling long enough" or whatever), and that's what the cop says, the court will side with you and throw out the ticket.

A friend of mine got cited for driving the wrong way on a one way yet the street he pulled on to was a two-way street. He went to court with all sorts of charts and stuff he drew up and didn't even have to show any of it, the judge threw out the ticket as soon as he said he was pulling onto a two-way street.

Of course every judge and courtroom is different but you may as well fight it. Just get in there and be honest, say you did signal your lane change and that it's written on the ticket that you did. If the judge isn't in a bad mood you should be okay.
 

dmcowen674

No Lifer
Oct 13, 1999
54,894
47
91
www.alienbabeltech.com
He then tells me I am getting a ticket for "Not signalling my intent for a long enough period of time.'

At this point I'm thinking he's filling his quota or trying to make some extra money. I decide to ask to check.

So how much would a ticket for going less than 20mph under be for? $84. And how much is my ticket going to be for? $189.

So basically the cop pulls me over for a bullshit ticket because it is potentially going to make more money than someone who is endangering the road for the rest of the motorists, causing traffic, and doing an offense that is worth less as a ticket. Pure bullshit.

The economy sucks, we need the money, pay up biatch.
 

SlickSnake

Diamond Member
May 29, 2007
5,237
2
0
Humble, first rule of traffic tickets, especially stupid ones, is never confront the cop and say "Thank you and have a nice day, officer!" when he hands it to you. This is because when it goes to court months later the cop will have no recall of writing the ticket at all, and likely will not show up for court, causing the ticket to get thrown out. If you make a scene or piss him off, he remembers you and may write a note about it and make sure he shows up for court.

Second rule is always get a lawyer. You will spend 75 or 100 on the lawyer, but the fact you get one almost guarantees it won't go to court because the lawyer will intimidate the cop when he's forced to show up at court and explain himself, again months after the ticket was written.

And I had 5 tickets in 10 years for various infractions and none ever went to court and all were thrown out after getting a lawyer first and following this strategy.
 

hydroponik

Senior member
Oct 2, 2006
531
0
0
Fucking pigs man, thank goodness I have family in LE, so I don't have to deal with assholes like that.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,591
5
0
This is very poor advice.
This isn't how you win.

The court has nothing to prove, and will provide no assistance to a pro se defendant as they are required to remain neutral. They aren't required to explain, interpret, or otherwise give you any sort of leeway, and they certainly won't do any math for you.

The state is required to prove that you violated a statute, and the officers testimony is likely the only proof they will provide.

You will offer your proof that you did comply with the law, with your testimony, and your evidence. The best you'll likely be able to do is your own sworn affidavit.

Absent any certified measuring devices, or surveys, its going to come down to your word against the citing officers. Good luck. You'll need to find a few things:

1. the actual statute the officer claims you violated.
2. any prior cases decided in your jurisdiction.
3. How to proceed.

Your best bet however is to simply hire a lawyer.
He has the right to challenge the ticket.
By asking the proper questions he can show evidence that the ticket is not proper.


All the OP has to do is show that the officer's statement of not signalling long enough is flawed.

Much depends on what the officer actually wrote on the ticket; vs what the OP remembers. The ticket statement is what has to be challenged by evidence and/or the officer's statements of the incident.


I have challenged an accident ticket by collecting traffic data and showing up with diagrams & photos that indicate I was not at fault based on the existing signage.

Also, I have challenged speeding tickets by pulling GPS logs demonstrating that I was not speeding and then presenting the theory that a vehicle that cut in front of me was the one tagged by the radar.

So if you cross your Tees and dot your Eyes when challenging an incorrect ticket; you have a chance.
 

airdata

Diamond Member
Jul 11, 2010
4,987
0
0
Are you sure you didn't do the ol' switch lanes and then signal? or the switch lanes and flash it once?

One of my biggest peeves on the road are people who A) don't signal. or B) People who signal after beginning their movement.

The turn signal is a warning. It comes before any change of direction of the vehicle... not after you already steer toward the other lane. If I were a cop, I'd pull every non signal/inappropriate signal using driver over without a 2nd thought.
 
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3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
81
In this great state (America's Wang) - I got a ticket two years back for... Wait for it:

Crossing the gore.

WTF??!! I pulled onto the FL Turnpike, behind roughly 15 cars and a dump truck moving at like 35 in the acceleration lane. I said "fuck this" and gunned it and crossed the "V-shaped area dividing the acceleration lane, and the main lanes of travel on a highway"

Florida Highway Patrol was in that pile of 15 cars and the officer was fucking pissed for some reason.

"Sir, do you see those lines painted back there? They are there for a reason! They are there to funnel traffic onto the highway in an orderly and safe manner! And you with your impatience are screwing it all up!"

I deserved that ticket, but plead no contest - begging the mercy of the court - got it down from $185 + 2 points to $50 and 0 points adj withheld.

So, you got a richly deserved ticket for what you did. I'm not really sure why you were given a break.

I don't see why the officer needed to be pissed off to hand out a ticket for pulling a reckless stunt on a busy on-ramp.
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
Are you sure you didn't do the ol' switch lanes and then signal? or the switch lanes an flash it once?

One of my biggest peeves on the road are people who A) don't signal. or B) People who signal after beginning their movement.

The turn signal is a warning. It comes before any change of direction of the vehicle... not after you already steer toward the other lane. If I were a cop, I'd pull every non signal/inappropriate signal using driver over without a 2nd thought.

No. I always turn on my signal, and then I look over after turning on my signal to look if the way is clear. If not I wait. If the way is clear then I make my maneuver. I turn off my signal once I'm firmly in my lane. I did it this way when I received my ticket. There was just no one in the lane next to me or even close to me so it was on -> switch lanes -> off. It usually manages to "blink" at least twice in the time frame it takes me to look and then start moving my car. The cop acknowledged that my complete maneuver was done correctly, but the length of the initial blinker being on BEFORE I made my maneuver was not long enough.


The ticket reads, and I don't have it on me, something like, "Time turn signal was turned on before making a change lane was too short." I'll get the exact wording later if it really matters, but that is close enough to verbatim.

As for getting it tossed out it's going to be pretty easy. I'll do it like the only other speeding ticket I had gotten tossed out like. I'll just ask for a jury trial Courts around here HATE jury trials for traffic tickets and never schedule them. The cop doesn't get paid for a jury trial unlike a judge trial. The court has to pay the jurors. If the jury decides innocence, which most likely will be the case, the court loses a crap ton of money. It's not worth the gamble for the court to press charges over $189 bucks if they stand to lose a large order of magnitude more from having the person found innocent by a jury. They would rather toss out the ticket and move on to the next person that is a sheep and is willing to pay without fighting which is 99&#37; of the people that get pulled over for stupid tickets like this.
 
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xanis

Lifer
Sep 11, 2005
17,571
8
0
You shouldn't have told him you were heading down the road to fuck his ugly ass wife.

My uncle did something like this. He had just bought a new red Corvette Z06 and got pulled over by the PA state troopers. When the cop asked him why he thought he was being stopped, my uncle says, "Because I have a hot wife and a sweet car and you don't." The officer was not amused... got a pretty big ticket I believe.
 

AreaCode707

Lifer
Sep 21, 2001
18,440
101
91
I teach drivers training in California.
The California vehicle code basically says that you have to signal the last 100 feet of your turn and you only need to signal if your turn will effect other drivers.
I teach them to always signal so it's not open to a cops interpretation.
One cop might think that if someone is within 200' you should use signals. Another might think 500'.
I took a CA traffic test (got pulled over for going 5 over, probably because I had out of state plates and they were checking me for MJ transportation) and had this question:

"It is unsafe to drive:"
A. With both hands in the air
B. Without your feet on the floor
C. Blindfolded
D. In a blizzard (or something like that, I forget D but it was equally absurd)

I guessed C and was graded wrong.
 

lowrider69

Senior member
Aug 26, 2004
422
0
0
Guess again. While some states are attempting to criminalize this to protect bad cops, most don't.

Police were arresting people who recorded them claiming they were violating their state’s wire-tapping law.

The U.S. First Circuit Court of Appeals ruled it was legal and the wire tapping law doesn't apply to these situations, as it shouldn't.

http://boston.com/community/blogs/on_liberty/2011/08/victory_for_liberty_and_the_ri.html

http://www.dailytech.com/First+Circ...itizens+Can+Videotape+Police/article22587.htm
 
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bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
So, you got a richly deserved ticket for what you did. I'm not really sure why you were given a break.

I don't see why the officer needed to be pissed off to hand out a ticket for pulling a reckless stunt on a busy on-ramp.

This is one of those things man. Like 1am waiting at a 4 minute long red left arrow with nobody in sight, finally you just go through it. It's illegal, but there is nothing inherently *wrong* with it. It's far from a reckless stunt, I just went across painted lines on the freeway when it was perfectly safe to do so. There was virtually no traffic, the dump truck was just being slow as dumptrucks are wont to do. Its just saving time. Up until the 70's it wasn't legal to turn right on red, but they made it legal in most places (because of the fuel thing going on at the time). True, crossing the gore is "illegal", but I didn't hurt anybody by doing it. Sure there "could" be an accident if I didn't look, but I'm not an idiot. Passing somebody on the right is illegal too.
That cop must have just been having a rough day - Seeing me dart out like that and blow by all those other people must have just gotten his goat because he really let me have it.
 

3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
81
This is one of those things man. Like 1am waiting at a 4 minute long red left arrow with nobody in sight, finally you just go through it. It's illegal, but there is nothing inherently *wrong* with it. It's far from a reckless stunt, I just went across painted lines on the freeway when it was perfectly safe to do so. There was virtually no traffic, the dump truck was just being slow as dumptrucks are wont to do. Its just saving time. Up until the 70's it wasn't legal to turn right on red, but they made it legal in most places (because of the fuel thing going on at the time). True, crossing the gore is "illegal", but I didn't hurt anybody by doing it. Sure there "could" be an accident if I didn't look, but I'm not an idiot. Passing somebody on the right is illegal too.
That cop must have just been having a rough day - Seeing me dart out like that and blow by all those other people must have just gotten his goat because he really let me have it.

What about the line of cars in front of you, which are going to get to the proper merge point before you? You're now counting on all of them to make way for you, when you aren't supposed to be there.

I agree that there's nothing unsafe about going through a red light when no one is there though.
 
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