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tyler20c 02-01-2011 08:28 AM

Just got a ticket
 
Does anyone here know anything about getting a ticket dismissed? I got a ticket for going 64 in a 55 last night and while it's a cheap ticket I don't want my insurance to go up. The officer put the wrong model car (350ZX) and the wrong time (11a.m. Instead of p.m.) does anyone know if these are grounds for dismissal?

Sibze 02-01-2011 08:29 AM

Not sure about the US but a ticket that small will not effect your insurance in Canada

kellyefields 02-01-2011 08:38 AM

you can always show up in court and ask to see when the radar gun was last calabrated by that officer. if they do not show up or have the documentation the judge will most likely throw it out. The judge may throw it out due to it being only 9 and you could say it may be because of your speedo not being accurate due to tires, etc.

m4a1mustang 02-01-2011 08:40 AM

Lawyer.

RockStarKick 02-01-2011 08:45 AM

Once here in TX, I got a ticket for 155 in a 55 on my GSXR.. The ticket was
about 800 dollars if paid. The thing is, I was going way faster than that, so I knew
there was something fishy about things.. I decided to take it to a jury trial. Needless to
say that that ticket was held up in court for about 7 months until my trial. I go to court
and the officer that gave me the ticket was not there.. The judge threw it out..

Sibze 02-01-2011 08:49 AM

Quote:

Originally Posted by m4a1mustang (Post 921082)
Lawyer.

:roflpuke2: Go get a lawyer for a 9 over ticket

m4a1mustang 02-01-2011 08:52 AM

Quote:

Originally Posted by Sibze (Post 921106)
:roflpuke2: Go get a lawyer for a 9 over ticket

Have you or a loved one received a 9 over ticket? If so, call the Law Offices of O.G.


But really, 9 over won't really kill you on the insurance side I don't think. I got a 15 over once and it did nothing.

Sibze 02-01-2011 08:53 AM

I got a 10 kms over not miles and it did nothing to my insurance

toxik 02-01-2011 09:07 AM

Quote:

Originally Posted by Sibze (Post 921114)
I got a 10 kms over not miles and it did nothing to my insurance

kms? stop using canadian language sibze!

tyler20c 02-01-2011 09:09 AM

Well it was reduced from 15

theDreamer 02-01-2011 09:12 AM

Do they allow defensive driving or some other option?
In Texas if under a certain limit over (I think 15mph) you can take defensive driving and it will not show up on your record. You do still pay a small fee to the court but it is nice, only downside is you can only do this option once every few years in Texas.

onzedge 02-01-2011 09:17 AM

In California most people would opt for "Traffic School" which costs a few bucks but keeps the points off your record, thus not raising rates. For a ticket that minor, I would take the hit though and save traffic school for bigger tickets.

1325 02-01-2011 09:17 AM

If you were actually going faster, the officer cut you a break and wrote you for 9 over. If you fight it in court, you'll face amendment by the officer to the actual speed which will lower your chance. If you use an attorney they'll represent you and likely motion to plea; in other words, court fees, lesser fine, no points, possibly driver improvement course, etc. It'll end up costing more than the actual citation. See if your state offers driver improvement school to possibly avoid points.

As far as the wrong time and vehicle information, courts aren't going to look at them as the citation does have your license plate and driver information to provide proof beyond reasonable doubt it was you and your vehicle.

tyler20c 02-01-2011 09:21 AM

Ya I could do traffic school but my real question is if those innacuracies on the ticket would get it dismissed. I've always heard that if the cop messes certain things up that it will be dismissed.

MVPTonyD 02-01-2011 09:28 AM

when i usually go to court i would always have to pay a fine, but it does not show up in my record.

Sibze 02-01-2011 09:34 AM

Quote:

Originally Posted by toxik (Post 921129)
kms? stop using canadian language sibze!

GTFO before I knock you the fuk out


:hello::roflpuke2:

shadoquad 02-01-2011 09:37 AM

Quote:

Originally Posted by tyler20c (Post 921152)
Ya I could do traffic school but my real question is if those innacuracies on the ticket would get it dismissed. I've always heard that if the cop messes certain things up that it will be dismissed.

I would not assume that they will throw it out based on inaccuracies. May want to consult a lawyer for an opinion on that, but I doubt they'll throw it out over such nits.

Instead, I would go to court. If traffic school's an option, then do it.

And if your officer doesn't show up, there will be no one to refute your testimony, causing the judge to accept whatever you plea as your verdict.

In MD and some other states, we have "Deferred judgment" or "Probation before judgment", which means that if you plead guilty, the judge may place you on probation, so that the offense stays off your record unless you are pulled over again within the next X years.

shadoquad 02-01-2011 09:37 AM

Quote:

Originally Posted by Sibze (Post 921164)
GTFI before I lick you

:hello::roflpuke2:

:ugh2:

kenchan 02-01-2011 09:49 AM

Wrong car wrong time I wasn't there.

1325 02-01-2011 09:49 AM

Quote:

Originally Posted by tyler20c (Post 921152)
Ya I could do traffic school but my real question is if those innacuracies on the ticket would get it dismissed. I've always heard that if the cop messes certain things up that it will be dismissed.

These things are probably wrong statute number used, the officer does not have documentation that proves he/she is certified in speed measurement, or does not have proper calibration and testing documents.

Red__Zed 02-01-2011 10:00 AM

Quote:

Originally Posted by tyler20c (Post 921152)
Ya I could do traffic school but my real question is if those innacuracies on the ticket would get it dismissed. I've always heard that if the cop messes certain things up that it will be dismissed.

Not true. They will gloss right over those things, unless it is absolutely ridiculous (blue civic instead of red viper)

Cell 02-01-2011 10:05 AM

Quote:

Originally Posted by tyler20c (Post 921072)
Does anyone here know anything about getting a ticket dismissed? I got a ticket for going 64 in a 55 last night and while it's a cheap ticket I don't want my insurance to go up. The officer put the wrong model car (350ZX) and the wrong time (11a.m. Instead of p.m.) does anyone know if these are grounds for dismissal?

I had a similar ticket. The time was off and the day was off by a few days and like 12 hours. If you decide to fight it and go to court, the judge will ignore it. Considering you showed up to court, that means you were speeding and that ticket was rightfully given to you.

4r3s 02-01-2011 10:42 AM

Quote:

Originally Posted by tyler20c (Post 921072)
Does anyone here know anything about getting a ticket dismissed? I got a ticket for going 64 in a 55 last night and while it's a cheap ticket I don't want my insurance to go up. The officer put the wrong model car (350ZX) and the wrong time (11a.m. Instead of p.m.) does anyone know if these are grounds for dismissal?

I would assume if you can prove your location at 11 am with a witness or a receipt showing the time then you should be able to get out of the ticket on a technicality.

edit: just read the post before mine, maybe my suggestion would only work with traffic cameras.

shadoquad 02-01-2011 10:45 AM

Quote:

Originally Posted by 4r3s (Post 921285)
I would assume if you can prove your location at 11 am with a witness or a receipt showing the time then you should be able to get out of the ticket on a technicality.

But did the officer hand the ticket to him? If so, I doubt the witness is going to be able to override the fact that the officer was physically present and handed him the ticket.

I'd rather show up to court and present the facts. If the officer's there, I was guilty, can the court show leniency? If the officer's not there, then I present that no one is there to support the ticket's merits, so the judge will throw it out.

SPOHN 02-01-2011 10:52 AM

I got caught doing 86 in a 55 and went to court with no lawyer and the DA drop it down to 9 over and it's not on my record. But the price was the same.

shadoquad 02-01-2011 10:55 AM

Quote:

Originally Posted by SPOHN (Post 921311)
I got caught doing 86 in a 55 and went to court with no lawyer and the DA drop it down to 9 over and it's not on my record. But the price was the same.

I had a cop no-show once and had it thrown out.

Another time, not for speeding, I brought my father as a witness, and when I introduced him, the judge railed off about how he was caught in a similar situation a few weeks beforehand and threw the case right out.

The only ticket that's ever "stuck" was on a military base, where they forced us to enter a plea before entering the courtroom. I got Probation Before Judgment. That was the last ticket I've had, and that was the same day Dimebag Darrell died, so I've been a pretty clean driver for a long time now.

PapoZalsa 02-01-2011 11:18 AM

I got one for 9 over and I just sent the payment. Plus it was out of town in SC.

That was my XMas gift. :shakes head:

Red__Zed 02-01-2011 11:22 AM

Quote:

Originally Posted by shadoquad (Post 921316)
I had a cop no-show once and had it thrown out.

Another time, not for speeding, I brought my father as a witness, and when I introduced him, the judge railed off about how he was caught in a similar situation a few weeks beforehand and threw the case right out.

The only ticket that's ever "stuck" was on a military base, where they forced us to enter a plea before entering the courtroom. I got Probation Before Judgment. That was the last ticket I've had, and that was the same day Dimebag Darrell died, so I've been a pretty clean driver for a long time now.

lucky. I got a ticket, cop no-showed, and they rescheduled...pissed me off.

shadoquad 02-01-2011 11:24 AM

Quote:

Originally Posted by Red__Zed (Post 921363)
lucky. I got a ticket, cop no-showed, and they rescheduled...pissed me off.

In my state, if you show up for the initial court date and the cop no-shows, it's on him. But if you fail to appear at the initial date or ask for an extension of some sort, then they will re-schedule if the cop no-shows.

Red__Zed 02-01-2011 11:26 AM

Quote:

Originally Posted by shadoquad (Post 921366)
In my state, if you show up for the initial court date and the cop no-shows, it's on him. But if you fail to appear at the initial date or ask for an extension of some sort, then they will re-schedule if the cop no-shows.

Well it appears MD got one thing right. Everything else is wrong, but that's right.:tup:

shadoquad 02-01-2011 11:30 AM

Quote:

Originally Posted by Red__Zed (Post 921371)
Well it appears MD got one thing right. Everything else is wrong, but that's right.:tup:

:iagree:

And every traffic court case I've sat through, I've never seen the judge order the defendent to pay anything more than the cost of the ticket. They usually decrease the ticket cost by court costs and order you to pay it.

Again, I haven't been to court in the last 6-7 yrs, so that may have changed.

Red__Zed 02-01-2011 11:31 AM

At least VA no longer hands out $1000 add-on charges with the tickets...

ChrisSlicks 02-01-2011 12:30 PM

In Florida you can elect to go to traffic school and get no points. You can do it once every 12 months up to a maximum of 5 times in your life.

If you fight it you better hope that the cop doesn't show or there is a problem with the laser/radar gun documentation. Not many cases are getting dismissed these days, they want your money!

Rikter 02-01-2011 12:43 PM

Why don't you just phone your insurer and ask the simple question: " I got a 9mph over speedlimit ticket...will this affect my insurance? " Make the phonecall.. you won't go to jail for making a phone call and asking someone who will give you the right answer instead of asking us on a msg board who will give you opinions or our own life stories.

jpritche 02-01-2011 12:43 PM

I got two tickets. one was 73 in a 55 and the other was 90 in a 70. Neither one made my insurace go up. The first was $93 and the second $277

ProfessorDave 02-01-2011 01:37 PM

Locally the cop writes what the actual offense is in a small box next to the official offense. So there is no way of trying to insist that one was not speeding, did not run the stop sign, etc. The judge knows that the cop already gave you a break.

A 9 over ticket is really just an income generator.

Showing up can help in some cases. My son was successful in getting a ticket reduced by going to court, being polite, and dressing nice. The judge had him have a conference with the cop, and he agreed to reduce it.

Personally, if I'm speeding then I'd pay the ticket.

PapoZalsa 02-01-2011 02:09 PM

Quote:

Originally Posted by ChrisSlicks (Post 921493)
In Florida you can elect to go to traffic school and get no points. You can do it once every 12 months up to a maximum of 5 times in your life.

If you fight it you better hope that the cop doesn't show or there is a problem with the laser/radar gun documentation. Not many cases are getting dismissed these days, they want your money!

The good thing in FL is that you can go to traffic school! :tup:

mick 02-01-2011 02:28 PM

Quote:

Originally Posted by tyler20c (Post 921072)
Does anyone here know anything about getting a ticket dismissed? I got a ticket for going 64 in a 55 last night and while it's a cheap ticket I don't want my insurance to go up. The officer put the wrong model car (350ZX) and the wrong time (11a.m. Instead of p.m.) does anyone know if these are grounds for dismissal?

sounds like you could get it dismissed because the cop wrote down the wrong model :)

one time i got a parking ticket and the meter maid had written down the wrong car color and the ticket got dismissed.

spitfire9200 02-01-2011 02:43 PM

Quote:

Originally Posted by Rikter (Post 921510)
Why don't you just phone your insurer and ask the simple question: " I got a 9mph over speedlimit ticket...will this affect my insurance? " Make the phonecall.. you won't go to jail for making a phone call and asking someone who will give you the right answer instead of asking us on a msg board who will give you opinions or our own life stories.

why would you ever actively tell your insurance you got a ticket. If they don't find out (some don't run records that often or at all), then leave it at that.

sarcasm post fails at sarcasm posting.

my input is, just pre-pay it or ask for traffic school when you go to court. Either way I doubt it will be dismissed. Sorry bro.

Nismoracer 02-01-2011 02:53 PM

If you take the class it won't count points towards your insurance. I don't think you can fight it, I went one time to fight a ticket and saw one after another say all kinds of stuff to get out of it and none of them worked. I got a radar detector and keep my eyes open. I go 10mph over usually and so do many cops. But I have noticed that when I'm in my Z the cops tend to radar it more than when I'm in my truck.


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