APD can Suck it (ticket help needed)

[ak_powder_monkey]

So I got a ticket for running a red light today $410 because it was in a construction zone, the thing is I didn't run a red light yes the light turned red when I was half way through the intersection but I was turning right from the right hand lane, there was a guy behind me and to the left who turned also, the cop turned right after me without turning on his lights onto a busy street, and on top of that the cop didn't turn on his lights untill I had a hard time finding a place to pull over and thus made a very unsafe turn that if I would not have made I certantly would have gotten a ticket for evading an officer, oh yeah and if I stoped on the yellow light I would have been rear ended by the officer


so what happens if you don't have the money to pay for a ticket (my bank account is curently 6 dollars

[AntiSoCalSkier]

Jail.



In California if you can't afford to pay a ticket, you can talk to the judge, or write him/her a letter explaining the situation, and they will sometimes reduce the fine (at least that's what I was told when I got my first ticket).

[Jumper Bones]

Ya goes to court. Seriously, contest it if it's that bogus. Make a date with a judge brah.

[ak_powder_monkey]

Yep going to court, it'll probably be reduced if I take drivers ed, thats what happened to most of my friends, oh well cheeper in isurance I guess

[CantDog]

They have stop lights in Alaska?

They have cops in Alaska?

Can't you barter with the court...seal pelts or something?

[SponsoredByDuctTape]

Go to court and either ask the judge to reduce the fine, allow you to make payments over time, or plead innocent. If the ticket has the cop's vacation dates on it, schedule your court appointment then. Be prepared to pay the full amount, plead your case to the judge, ask him/her for a break since you're such a good driver (you are a good driver, aren't you?), then ask if you can stretch the payments out. Also, you can usually postpone your court date a couple of times, giving you more time to come up with the money, and also giving you a better chance that the officer will not show in court.

[ak_powder_monkey]

so if the ticket is ilegible can I use that (against the cop)?

[ak_powder_monkey]

yeah so theres a part of the miranda rights that says "if you can not afford a lawer the court will apoint you one" cause thats not on the ticket in the listing of rights, and I think I can sue for thats, ahh that would be fun...

[PaSucks]

You only have to be mirandized (sp? I have no clue) if you are arrested, which you weren't.

Plus, this is why you always watch for cops in the rearview! If you see one back there, go the damn speed limit and stop for yellows! Especially in construction zones. In PA 11 mph over the speed limit in an active work zone is a mandatory suspended license. If he had rearended you it would have been his fault, and you can bet cop cars have good insurance policys.

[Rusty Nails]

Because it's traffic court, you have no right to an attorney.

Contest the ticket! Admit nothing, deny everything, make counter accusations.

Argue that you were continuing through the intersection and proceeded through under yellow.

What type of car do you drive? What type of car was behind you? Why pull you? You may have a pretext stop argument that will fly with the judge.

Any witnesses?

Drivers safely works in AK if you have had no tickets in previous three years, but I think it usually is for two point offenses. Red light in work zone is a 4 or 6 point offense so I am not sure if it qualifies. Check the code.

Even if found guilty, you will have a chance to mitigate your fine by offering information about your financial solvency. Many times they will ajust the fine and give you an extending period of time to pay.

Driver safety ain't free.

Have your parents call the municipal prosecutors office (esp. if they know any of the attorneys) and see if the prosecutor can offer any flexibility.

File a discovery request for all information. You'll want it to cross-examine the cop. Ask for all information, including employment records, etc... of the officer as they are relevant to his credibility on the stand.

GO TO COURT. It's worth it for no other reason than to waste the cop's time and make it painful for him. If he fails to show, which sometimes happens, ask the judge to dismiss the case with prejudice for lack of evidence. Also, try to get your trial date changed a couple times -- keeps the cop from tracking when he needs to be in court.

Anyway -- hope this was a good start -- I prosecuted federal traffic court up there for a couple years, so I know the basics.

[Superstar Punani]

Trial by declaration.

Replace all relevant info, including the AK Vehicular Codes where applicable.

Defendant's Name: AKPM
Case No.: ______

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21453(a).

The facts of my case are as follows: While driving southbound on 4th Ave at 0810 on 4-6-00, I noticed the traffic light change from green to yellow as I approached the Ash Street intersection. Since I was less than 20 feet from the intersection, I decided that it was reasonable and prudent to proceed through the intersection with caution; I safely cleared the intersection at the posted speed limit as attested to by Officer Skank on my citation. My vehicle was well over the near side limit line, in accordance with the requirements of CVC 21453(a), prior to the light changing from yellow to red.

Soon after safely crossing through the intersection, I was stopped by SDPD Officer Skank (I.D.#1234) and was charged with violating CVC 21453(a) which the officer wrote on my Notice to Appear as "21453(a) CVC Failure to Stop at Red Signal."

As I've already stated, my car was well over the near side limit line prior to the light changing from yellow to red pursuant to the requirements of CVC 21453(a). CVC 21453(a) states: "A driver facing a steady circular red signal alone shall stop at a marked limit line...on the near side of the intersection... ."

From the officer's position on Ash Street, perpendicular to my position as I crossed through the intersection, it would have been impossible for him to see that my light was still yellow (or to see my light at all) when I crossed the near side limit line as I entered the intersection. It is possible that the officer's light on Ash Street changed to green as I exited the intersection, however, this observation would give him no clear idea of the color of my light as I entered the intersection; the officer's light had to be red as I entered since my light was still yellow.

The officer may misunderstand that it is legal to cautiously enter an intersection (cross the near side limit line) on a yellow light as I did, only entering an intersection on a steady circular red light is forbidden by CVC 21453(a). If Officer Skank's light turned green as I cleared the intersection, he may have incorrectly guessed that my light was red when I entered. Since I cautiously entered the intersection on a yellow light, I am not guilty of violating CVC 21453(a) as charged and I ask the Court to dismiss my citation in the interest of justice.

If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:



--------------------------------------------------------------------------------
AKPM, Defendant in Pro Per

[ak_powder_monkey]

Originally posted by Punani
Trial by declaration.

Replace all relevant info, including the AK Vehicular Codes where applicable.

Defendant's Name: AKPM
Case No.: ______

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21453(a).

The facts of my case are as follows: While driving southbound on 4th Ave at 0810 on 4-6-00, I noticed the traffic light change from green to yellow as I approached the Ash Street intersection. Since I was less than 20 feet from the intersection, I decided that it was reasonable and prudent to proceed through the intersection with caution; I safely cleared the intersection at the posted speed limit as attested to by Officer Skank on my citation. My vehicle was well over the near side limit line, in accordance with the requirements of CVC 21453(a), prior to the light changing from yellow to red.

Soon after safely crossing through the intersection, I was stopped by SDPD Officer Skank (I.D.#1234) and was charged with violating CVC 21453(a) which the officer wrote on my Notice to Appear as "21453(a) CVC Failure to Stop at Red Signal."

As I've already stated, my car was well over the near side limit line prior to the light changing from yellow to red pursuant to the requirements of CVC 21453(a). CVC 21453(a) states: "A driver facing a steady circular red signal alone shall stop at a marked limit line...on the near side of the intersection... ."

From the officer's position on Ash Street, perpendicular to my position as I crossed through the intersection, it would have been impossible for him to see that my light was still yellow (or to see my light at all) when I crossed the near side limit line as I entered the intersection. It is possible that the officer's light on Ash Street changed to green as I exited the intersection, however, this observation would give him no clear idea of the color of my light as I entered the intersection; the officer's light had to be red as I entered since my light was still yellow.

The officer may misunderstand that it is legal to cautiously enter an intersection (cross the near side limit line) on a yellow light as I did, only entering an intersection on a steady circular red light is forbidden by CVC 21453(a). If Officer Skank's light turned green as I cleared the intersection, he may have incorrectly guessed that my light was red when I entered. Since I cautiously entered the intersection on a yellow light, I am not guilty of violating CVC 21453(a) as charged and I ask the Court to dismiss my citation in the interest of justice.

If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:



--------------------------------------------------------------------------------
AKPM, Defendant in Pro Per

Thanks man I will naturally want to cross examine the cop and if he cannot answer certain questions I will ask to dismiss the case for lack of evidence (I'm inocent untill proven guilty bitches :P ) this is gonna be fun except the looking up codes and crap, I can't read the fuckign ticket so I can't figure out what it says

[phUnk]

Originally posted by Punani
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:


--------------------------------------------------------------------------------
AKPM, Defendant in Pro Per

________________
I'd take pleasure in guttin' you, boy

Punani's got good advice, but I'd leave out the "I'd take pleasure in guttin' you, boy" part. You never know how the courts are going to react to that kind of thing.

[fridge]

Originally posted by phUnk
You never know how the courts are going to react to that kind of thing.

I wonder how they'll react when he shows up in court looking like this:

http://www.biglines.com/photos/blpic21166.jpg