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-   -   Got a ticket, legal advice? (https://www.ft86club.com/forums/showthread.php?t=32571)

Timtamtt 04-02-2013 02:17 AM

Got a ticket, legal advice?
 
Reason: Fail to stop/yield at intersection

Story: headed home from work at about midnight. Was three minutes away from home, just got off the freeway. Did a california stop at a three way intersection. Got pulled over got the ticket.

Question: on the ticket, it says "MAKE: TOYOTA. MODEL:SCIONFRS". Last I checked there is no such car as a Toyota Scionfrs. Does this make the information on the ticket incorrect, therefore invalid?

Thanks,

Tim

Gen 04-02-2013 02:21 AM

Quote:

Originally Posted by Timtamtt (Post 835091)
Reason: Fail to stop/yield at intersection

Story: headed home from work at about midnight. Was three minutes away from home, just got off the freeway. Did a california stop at a three way intersection. Got pulled over got the ticket.

Question: on the ticket, it says "MAKE: TOYOTA. MODEL:SCIONFRS". Last I checked there is no such car as a Toyota Scionfrs. Does this make the information on the ticket incorrect, therefore invalid?

Thanks,

Tim

Doubtful as that's what your car's registration says and you may just end up pissing off the judge. I wouldn't seek legal advice on a car forum, fwiw. :) That said, if you wanted to fight it, in my experience a written declaration is your best bet.

Something along the lines of... the officer was facing east while you were heading south. There was a tree / tuck / sign (insert picture of said object) in his view, making it impossible for the officer to clearly identify whether or not you came to a complete stop. Also something about, if you are found guilty, you are requesting a reduction in fine and the option to take traffic school.

It's your word against his, with his holding significantly more weight. The ultimate goal is he would not take the time to write a written declaration, but if he does, you would want to do your best to create doubt in his testimony.

forzajuve 04-02-2013 02:28 AM

He has your driver's license number and insurance, so either way it is logged. For something like "Fail to stop/yield at intersection" I believe (could be totally wrong) is to be considered the same as running a red light. However, you are in Washington so the law may be way different than here in California. If the situation was that you received a speeding ticket, technically that is an unconstitutional law and you can therefore fight that and win.

husker741 04-02-2013 02:34 AM

Jealous cop is jealous.

Timtamtt 04-02-2013 02:41 AM

Quote:

Originally Posted by Gen (Post 835093)
Doubtful as that's what your car's registration says and you may just end up pissing off the judge. I wouldn't seek legal advise on a car forum, fwiw. :) That said, if you wanted to fight it, in my experience a written declaration is your best bet.

Lol i was hoping there would be a lawyer that owned one;) What is a written declaration? And do I check the box that says contested hearing if I do that? Haha my first ticket lol

husker741 04-02-2013 02:44 AM

http://stream1.gifsoup.com/view5/213...-asshole-o.gif

Tanuki 04-02-2013 02:47 AM

Advice: pay ticket, obey law.

Gen 04-02-2013 02:58 AM

Quote:

Originally Posted by Timtamtt (Post 835124)
Lol i was hoping there would be a lawyer that owned one;) What is a written declaration? And do I check the box that says contested hearing if I do that? Haha my first ticket lol

A written declaration is where you and the officer write your version of events and mail it to the judge rather than appearing in person. There's a few benefits to doing it this way. If this is your first ticket, I would just pay it and go to traffic school. It's been a while since I've had a ticket, but if I recall, in CA you lose the ability to take traffic school if you contest the ticket.

PANDA86 04-02-2013 03:35 AM

VIN# confirms what you were driving at the time of infraction.

Moshpit37 04-02-2013 03:45 AM

Holy crap, xBOXER, is your signature pic wide enough?

FRSfan111 04-02-2013 04:57 AM

The Toyota FRS doesn't mean anything. Most insurance and loan companies consider it a Toyota or have it listed as one. That doesn't mean you can skip out on payments...

blu_ 04-02-2013 05:44 AM

Quote:

Originally Posted by forzajuve (Post 835108)
He has your driver's license number and insurance, so either way it is logged. For something like "Fail to stop/yield at intersection" I believe (could be totally wrong) is to be considered the same as running a red light. However, you are in Washington so the law may be way different than here in California. If the situation was that you received a speeding ticket, technically that is an unconstitutional law and you can therefore fight that and win.

wat?

bdub85 04-02-2013 08:13 AM

If you have nothing on your record, you will probably get the points dropped just by going to court and pleading guilty.

SVThis 04-02-2013 08:49 AM

A couple of thinks to consider. Will the ticket cause an increase in insurance premiums? Do you already have points on your licence? If the answer is yes you may want to hire an attorney and make the ticket go away. Another solution may be a trial diversion. You basically pay the fine or a bit more and if you don't have another ticket in the next year everything goes away.
I always like to keep a clean record. If you ever do get pulled over there's a much better chance of getting a warning if your record doesn't look like Al Capones.


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