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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.

HunterGreene 04-02-2013 09:09 AM

Quote:

Originally Posted by SVThis (Post 835358)
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.

Its his first ticket.

OP: If you check your registration, you'll likely see that the Make is "Toyota" and the model is "ScionFRS." Case closed. Pay it and move on, its probably cheaper than a court appearance anyways.

SVTSHC 04-02-2013 09:20 AM

The ticket isn't worth the fight or lawyer fee's. It'll be less expensive to pay the ticket and take a 5 hour course to get rid of the points.

dhpinoy 04-02-2013 09:30 AM

All scions are TOYOTA according to the DMV.

Endless Mike 04-02-2013 09:42 AM

Quote:

Originally Posted by dhpinoy (Post 835392)
All scions are TOYOTA according to the DMV.

There's more than one DMV.

GT/86 04-02-2013 10:02 AM

My Registration says TOYOT I will still give it a try getting the judged piss off is your money

CaptainSlow 04-02-2013 10:08 AM

You won't get off on a technicality. My guess is that he also recorded your plate...your plate will match with your name and the car's VIN via registration.

However, my legal advice is what it always is on internet forums...if you are worried about legal advice, ask a lawyer...in person, not a bunch of internet strangers.

MetalGear 04-02-2013 10:13 AM

Not familiar with US law, but time is precious. Pay and move on. You can earn back the money lost and perhaps meet a hot girl in the progress wanting a ride.

chuy21 04-02-2013 10:15 AM

Many insurance companies call the scion FRS the "Toyota scion frs" Same for most scions. If those people get in an accident is their insurance void? No, so pay your ticket and move about your bussiness.

Books 04-02-2013 10:39 AM

Legal advice? On a car forum? :bellyroll::bellyroll:

The only legal advice a non-lawyer should give you is to go ask a real lawyer.

Your situation isn't really worthy of getting a real lawyer ($$$)... so I suggest just pay up and stop coming up with lame excuses on why you broke the law and got caught.

BRZranger 04-02-2013 10:43 AM

Look into a deferral, might work out for you.

shawnperolis 04-02-2013 10:44 AM

Pay the ticket.

MissDeb 04-02-2013 10:55 AM

Quote:

Originally Posted by Timtamtt (Post 835091)
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?


I have a similar situation that I look forward to resolving.

The police officer wrote my wrong birthday AND year model of my car on the ticket. He could not **see** the correct information that is printed on my drivers license and insurance ID car but he could **see** me do a traffic infraction?:iono:

Seems to me he has eyesight problems.:confused0068:

PANDA86 04-02-2013 11:38 AM

Quote:

Originally Posted by CaptainSlow (Post 835445)
You won't get off on a technicality. My guess is that he also recorded your plate...your plate will match with your name and the car's VIN via registration.

However, my legal advice is what it always is on internet forums...if you are worried about legal advice, ask a lawyer...in person, not a bunch of internet strangers.


they can't put anything on the internet that isn't true..... :thumbsup:

[ame="http://www.youtube.com/watch?v=rmx4twCK3_I"]State FarmĀ® - State of Disbelief (French Model) - YouTube[/ame]

naikaidriver 04-02-2013 11:43 AM

Step 1: Pay your fine and POLITELY ask for a deferral.
Step 2: Drive more responsibly.
Step 3: If unwilling or unable to do Step 2, try harder to not get caught next time!

Scott

ProTekk 04-02-2013 11:47 AM

Don't know how it is where you are but I got a nasty ticket 2-3 years ago in my S10. Got caught doing 85 in a 55 zone and it was a "safe corridor" so fines + points are doubled. Got hit with a $3000 fine and 6 points. I showed up to court on my own and took all of 10 minutes to get it knocked down to 2 points and a $250 fine. If you have the same option, I'd go. Cost me nothing but personal time and made life a hell of a lot easier in the end. GL!

Sent from my Galaxy Nexus using Tapatalk 2

russv 04-02-2013 11:52 AM

This forum is the last place to ask for legal advice. Now if you've got a chirping fuel pump...

chenshuo 04-02-2013 11:52 AM

All of a sudden everyone on this forum is acting as lawyers and giving out legal advice...

naikaidriver 04-02-2013 11:55 AM

Quote:

Originally Posted by chenshuo (Post 835663)
All of a sudden everyone on this forum is acting as lawyers and giving out legal advice...

I'm going to sue you for libel!

Scott

Whitigir 04-02-2013 12:43 PM

The only way you can get off the ticket is if your License Number was written down WRONG, or License Plate was Incorrect

Huehuecoyotl 04-02-2013 01:22 PM

this is what I do

1-plead not guilty

2-go talk to prosecutor, sometimes admitting you had a headlight out may lessen to 'unsafe vehicle' rather than a moving violation if you dont have a record (hint)

3-if they cant cut you deal, ask to reschedule date and find counsel

Mandy 04-02-2013 01:23 PM

Quote:

Originally Posted by Timtamtt (Post 835091)
Did a california stop

So you didn't stop? Take the ticket and stop doing it. I've seen people with pearlescent paint get out of it, but never because of something silly like using the make/model on your registration.

LeeMaster 04-02-2013 01:27 PM

I would speak to a Hearings Officer and just ask for a reduced fine. Or if you are nice about it, you can ask the judge that you are willing to pay extra fee with driving school to take it off your record. Chances are slim but can work in your favor depending on how long you been driving with a clean record.

The key is to admit it was your fault and being willing to do extra work to keep it off your record.

Whitigir 04-02-2013 01:30 PM

Well...Honestly...Legal Advise here....Obey the Law

When you have tickets...Pay it

If you Obey the Law, You would never have any tickets.

There you go

Veloist 04-02-2013 01:39 PM

One reason he also wants to contest is because his insurance premium will go up 9-15%

I have no idea how to contest, if your car is stick you could say you're still getting used to driving it because its a new car; say your parents or brother drive it most of the time.

My dad's friend got away with a speeding ticket in a new Lexus IS when he said that the car he was driving before was a Toyota Yaris and he's still not used to the difference in power :lol:

naikaidriver 04-02-2013 01:51 PM

Quote:

Originally Posted by Huehuecoyotl (Post 835886)
this is what I do

1-plead not guilty

2-go talk to prosecutor, sometimes admitting you had a headlight out may lessen to 'unsafe vehicle' rather than a moving violation if you dont have a record (hint)

3-if they cant cut you deal, ask to reschedule date and find counsel

Gem, this isn't a criminal case. You just described an arraignment.

Tickets are just hearings in front of a magistrate. They decide then and there.

Scott

Midtenn 04-02-2013 01:53 PM

Quote:

Originally Posted by Tanuki (Post 835135)
Advice: pay ticket, obey law.

Best advice ever. You got caught doing something wrong, own up to like and man/woman and don't try to ***** out of it.


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