Anyway to beat a "failure to yield" ticket?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • SBR_John
    SBR Posting Legend
    • 07-12-05
    • 16471

    #1
    Anyway to beat a "failure to yield" ticket?
    I have until the 22nd to decide if I should fight it. I pulled up to a yield sign and saw the cop(yea, a cop) but I had plenty of room so I just went. He pulled me over and said he had to jam on his brakes "with both feet". A bald face lie, very bad karma for him.

    It will be his word against mine. I have lived in the community a long time and not had a ticket since 1984. I feel like fighting it but am I wasting my time?
  • Casperwaits
    SBR Hall of Famer
    • 08-25-06
    • 5042

    #2
    Go fight it. You will lose, but get your $$'s worth. Explain what happened from your perspective and you might get a reduced fine. Not only that, but you get the chance in court to call the cop a bold faced liar. It's a fun thing to do and as a taxpayer, its your God given right. You pay his salary, remember that.
    Comment
    • Deuce
      BARRELED IN @ SBR!
      • 01-12-08
      • 29843

      #3
      Just go to court and get the points waived. Paying the fine and not getting points always works.
      Comment
      • Willie Bee
        SBR Posting Legend
        • 02-14-06
        • 15726

        #4
        Just curious John, but was the citation by any chance issued on June 29-30 down in that little locale known for being a speed trap?
        Comment
        • pavyracer
          SBR Aristocracy
          • 04-12-07
          • 82907

          #5
          Ask Corey B Trots to represent you John. He is very good. He even has a profile on SBR.

          Comment
          • SBR_John
            SBR Posting Legend
            • 07-12-05
            • 16471

            #6
            No it was on 46 after coming off 35. Ironically I was taking my 17 year old to drivers ed. He has not stopped laughing.
            Comment
            • sam9ball
              SBR MVP
              • 07-01-09
              • 4454

              #7
              Was it a city - county - or state?
              Ted or Don may be able to help depending on who issued it
              Comment
              • Fishhead
                SBR Aristocracy
                • 08-11-05
                • 40179

                #8
                If he had to "brake with both feet", he is committing one of the cardinal rules of good driving.

                I would have asked him when the last time he took a drivers educational course. This probably would have landed me in more hot water than your in now.

                FH
                Comment
                • Fishhead
                  SBR Aristocracy
                  • 08-11-05
                  • 40179

                  #9
                  Originally posted by Fishhead
                  If he had to "brake with both feet", he is committing one of the cardinal rules of good driving.

                  I would have asked him when the last time he took a drivers educational course. This probably would have landed me in more hot water than your in now.

                  FH

                  By the way, with your money, pay the fuking ticket and be done with it............stop wasting our valuable forum time and our meaningful discussions talking about Erin Andrews, PENIS selections, and JJgold video reviews.

                  Thanks,
                  FH
                  Comment
                  • Justin7
                    SBR Hall of Famer
                    • 07-31-06
                    • 8577

                    #10
                    Tell them you're fighting it.

                    Ask for pretrial diversion. You'll pay the fine and another $200 for the diversion program. The charge gets dismissed in a year.

                    You'll save... perhaps $3k in insurance.
                    Comment
                    • flyingillini
                      SBR Aristocracy
                      • 12-06-06
                      • 41219

                      #11
                      I would listen to ESPN's own Justin7, he has the best advice on SBR.
                      המוסד‎
                      המוסד למודיעין ולתפקידים מיוחדים‎
                      Comment
                      • AMBlai01
                        SBR Hall of Famer
                        • 09-16-08
                        • 5882

                        #12
                        IF you have a clean driving record and go to the DA and talk about it and show you have a clean driving record (go to the DMV and get a license abstract for $10 bucks) you will definitely get it down to something with no points at the very least. Might cost you a little more but would be worth it. I would think in the long run.
                        Comment
                        • SBR_John
                          SBR Posting Legend
                          • 07-12-05
                          • 16471

                          #13
                          It was a city cop.

                          He didnt need to hit the break with either foot. He copped a bit of a power trip imo. I feel like doing as Casper says and putting up a good plate appearance, letting everyone know this cop thinks he's Dirty Harry.
                          Comment
                          • Fishhead
                            SBR Aristocracy
                            • 08-11-05
                            • 40179

                            #14
                            Originally posted by Justin7
                            Tell them you're fighting it.

                            Ask for pretrial diversion. You'll pay the fine and another $200 for the diversion program. The charge gets dismissed in a year.

                            You'll save... perhaps $3k in insurance.

                            HUH????



                            His insurance should not go up one cent, it's his first offense in years, and a minor one at that.

                            3k.........wtf........LOL!
                            Comment
                            • TheLock
                              SBR Posting Legend
                              • 04-06-08
                              • 14427

                              #15
                              Originally posted by SBR_John
                              I have until the 22nd to decide if I should fight it. I pulled up to a yield sign and saw the cop(yea, a cop) but I had plenty of room so I just went. He pulled me over and said he had to jam on his brakes "with both feet". A bald face lie, very bad karma for him.

                              It will be his word against mine. I have lived in the community a long time and not had a ticket since 1984. I feel like fighting it but am I wasting my time?


                              SBR John, if you have a good record (which it sounds like you do), plead no contest and the judge will most likely reduce the fine and not assess you the points for the moving violation.

                              If you plead guilty, you will most likely lose, pay court costs and get points.
                              Comment
                              • Bill Dozer
                                www.twitter.com/BillDozer
                                • 07-12-05
                                • 10894

                                #16
                                I had a first ticket after a while and found an email to the judge was enough to get it tossed...was a long shot.
                                Comment
                                • pimike
                                  BARRELED IN @ SBR!
                                  • 03-23-08
                                  • 37140

                                  #17
                                  John if you can do a "Trial by Declaration" you then my friend are in good hands. However not sure if that is a choice where you live.

                                  If so get the forms from the court fax it to me and I will fill it out for you. I have not lost 1 case yet. This is simply you telling your story on paper and the cop will tell his story on paper the judge will review and make a ruling based upon that.

                                  Now even if you were to lose the TBD you still could fight it in court.

                                  I have done many of these for people and have yet to lose.


                                  Or just go to court admit guilt and request traffic school so no moving violations are added to your driving record.
                                  Comment
                                  • hoopster42
                                    Restricted User
                                    • 02-12-08
                                    • 6099

                                    #18
                                    Originally posted by SBR_John
                                    I have until the 22nd to decide if I should fight it. I pulled up to a yield sign and saw the cop(yea, a cop) but I had plenty of room so I just went. He pulled me over and said he had to jam on his brakes "with both feet". A bald face lie, very bad karma for him.

                                    It will be his word against mine. I have lived in the community a long time and not had a ticket since 1984. I feel like fighting it but am I wasting my time?
                                    i have heard that if you plead guilty and ask for a significantly lowered fine, the judge will reduce it to 30% or so of the original ticket fine
                                    Comment
                                    • TheLock
                                      SBR Posting Legend
                                      • 04-06-08
                                      • 14427

                                      #19
                                      SBRJonny

                                      Follow my advice in my post sir. It's the only way to go.
                                      Comment
                                      • mathdotcom
                                        SBR Posting Legend
                                        • 03-24-08
                                        • 11689

                                        #20
                                        What a bunch of squares. Don't listen to them John.

                                        Here is what you do.

                                        1] Fight it.
                                        2] Show up to court with a friend. Have your friend go inside the courtroom to see if the cop is there. If he is not there, then you go in and fight the ticket. With no cop there your charges are dismissed.
                                        3] If cop is there, have your friend tell judge that John is very sick and in the hospital and unable to attend today. They will postpone.
                                        4] Repeat until cop gets sick of showing up for nothing.
                                        Comment
                                        • TheLock
                                          SBR Posting Legend
                                          • 04-06-08
                                          • 14427

                                          #21
                                          Unreal
                                          Comment
                                          • hoopster42
                                            Restricted User
                                            • 02-12-08
                                            • 6099

                                            #22
                                            Originally posted by mathdotcom
                                            What a bunch of squares. Don't listen to them John.

                                            Here is what you do.

                                            1] Fight it.
                                            2] Show up to court with a friend. Have your friend go inside the courtroom to see if the cop is there. If he is not there, then you go in and fight the ticket. With no cop there your charges are dismissed.
                                            3] If cop is there, have your friend tell judge that John is very sick and in the hospital and unable to attend today. They will postpone.
                                            4] Repeat until cop gets sick of showing up for nothing.
                                            the "sick excuse" will only work once, if you use it a 2nd time the judge will not postpone it unless you can prove w/a doctor's note that you are going through chemotherapy or something very serious.
                                            Comment
                                            • mathdotcom
                                              SBR Posting Legend
                                              • 03-24-08
                                              • 11689

                                              #23
                                              He will postpone again. Judges are lazy and will do whatever has least amount of paperwork.
                                              Comment
                                              • dwaechte
                                                SBR Hall of Famer
                                                • 08-27-07
                                                • 5481

                                                #24
                                                Originally posted by hoopster42
                                                the "sick excuse" will only work once, if you use it a 2nd time the judge will not postpone it unless you can prove w/a doctor's note that you are going through chemotherapy or something very serious.
                                                That's why the 2nd time your friend tells the judge you can't make it because you were in a traffic accident. Duh.
                                                Comment
                                                • mathdotcom
                                                  SBR Posting Legend
                                                  • 03-24-08
                                                  • 11689

                                                  #25
                                                  Originally posted by dwaechte
                                                  Quote:
                                                  Originally Posted by hoopster42
                                                  the "sick excuse" will only work once, if you use it a 2nd time the judge will not postpone it unless you can prove w/a doctor's note that you are going through chemotherapy or something very serious.

                                                  That's why the 2nd time your friend tells the judge you can't make it because you were in a traffic accident. Duh.
                                                  Probably not the best thing to say. Instead you are attending to a family emergency - your mother is in the hospital.
                                                  Comment
                                                  • TheLock
                                                    SBR Posting Legend
                                                    • 04-06-08
                                                    • 14427

                                                    #26
                                                    I hate when people are trying to get good advice on here and the thread gets sodomized by people giving bad advice.

                                                    mathdotcom, go find another thread to take a dump in pal. SBRJ is trying to get good advice.
                                                    Comment
                                                    • hoopster42
                                                      Restricted User
                                                      • 02-12-08
                                                      • 6099

                                                      #27
                                                      judges hate when people come into fight tickets with no real basis or support of themselves to fight it, and in those cases the judge has no leniency on them and looks at it as a complete wastage of his or her time (the judge's time that is) and the courts time. the judge likes to send a message to these ppl as well as those in the courtroom that this is a waste of time so the leniency is just not there.

                                                      John, i think your best bet is to go in there and plead no contest and say: "your honor, i have not had a ticket since 1984 and am a very, very safe driver. will you consider lowering the fine as much as possible, giving me traffic school, and not allowing the pt on my record?"

                                                      i think this will do the trick, because if you fight it, and it's your word against the cop, the judge will most likely side w/the cop

                                                      you need more than just your word to beat a cop's word, you need pics, drawings, witnesses, the whole shebang
                                                      Comment
                                                      • mathdotcom
                                                        SBR Posting Legend
                                                        • 03-24-08
                                                        • 11689

                                                        #28
                                                        Yeah John, listen to The Lock and get a guaranteed rape.

                                                        Cops are lazy and half the time do not show up. They just hope you don't fight. You have nothing to lose by at least trying it once.
                                                        Comment
                                                        • ICE-BLOOD
                                                          SBR MVP
                                                          • 07-21-08
                                                          • 1004

                                                          #29
                                                          go to court, getting any dmv or insurance points is not good

                                                          swallow your pride about whether you are indeed guilty or not, maybe even kiss up to the cop who wrote the ticket

                                                          your objective should be to pay a fine but not get points

                                                          talk to prosecutor before court starts.
                                                          introduce yourself as a good citizen with a clean driving record who may have made a slight driving error and say you will plead guilty and pay a fine but feel a moving violation with points attached is severe. surely the prosecutor will reduce your ticket in some way without wasting the judges time

                                                          when your case gets called before the judge the prosecutor will recommend a reduced charge and you will plead guilty, don't say much at this time, then pay a fine with no points
                                                          Comment
                                                          • Fishhead
                                                            SBR Aristocracy
                                                            • 08-11-05
                                                            • 40179

                                                            #30
                                                            Hilarious thread.

                                                            I wonder sometimes how some of you survive in this world.

                                                            FH
                                                            Comment
                                                            • hoopster42
                                                              Restricted User
                                                              • 02-12-08
                                                              • 6099

                                                              #31
                                                              oh my GOD some of you are talking about going up to prosecutors and trying to plead your case to them....................PPL! in traffic courts for minor violations like this there are NO prosecutors, WTF do you think this is a murder trial? robbery? its a fukking minor traffic violation there will be a judge, a bailiff, a court reporter, and a few other ppl millying about the courtroom area, the rest will be ppl just like John who committed or did not commit a traffic violation and that will be it

                                                              this is too funny
                                                              Comment
                                                              • pavyracer
                                                                SBR Aristocracy
                                                                • 04-12-07
                                                                • 82907

                                                                #32
                                                                I agree with hoopster42. Do it the old way. Send a stripper to the judge's house and he will drop the charges or be a man and pay the fine. It will cost you the same.
                                                                Comment
                                                                • TheLock
                                                                  SBR Posting Legend
                                                                  • 04-06-08
                                                                  • 14427

                                                                  #33
                                                                  and sometimes there isn't even a judge there. It's just a hearing officer.
                                                                  Comment
                                                                  • hoopster42
                                                                    Restricted User
                                                                    • 02-12-08
                                                                    • 6099

                                                                    #34
                                                                    Originally posted by hoopster42
                                                                    judges hate when people come into fight tickets with no real basis or support of themselves to fight it, and in those cases the judge has no leniency on them and looks at it as a complete wastage of his or her time (the judge's time that is) and the courts time. the judge likes to send a message to these ppl as well as those in the courtroom that this is a waste of time so the leniency is just not there.

                                                                    John, i think your best bet is to go in there and plead no contest and say: "your honor, i have not had a ticket since 1984 and am a very, very safe driver. will you consider lowering the fine as much as possible, giving me traffic school, and not allowing the pt on my record?"

                                                                    i think this will do the trick, because if you fight it, and it's your word against the cop, the judge will most likely side w/the cop

                                                                    you need more than just your word to beat a cop's word, you need pics, drawings, witnesses, the whole shebang

                                                                    no offense to others in here, but my advice is BY FAR the best advice in here

                                                                    i did not hear any of you address the fact that John said it is HIS word against the COP's word

                                                                    if you want to outduel a cop in a court of law, you had better have some evidence on your side by way of photographs, drawings/depictions, witnesses, etc

                                                                    if not, the ticket will stand. trust me on this. go in armed w/evidence or be prepared to lose

                                                                    John, take my advice...............go in and say "your honor, i apologize for the traffic violation, it's my first one in 25 yrs........will you please consider lowering the fine and giving me traffic school so there are no pts on my record?"

                                                                    almost a guarantee the judge will cut the fine in half, maybe less than half, youll do traffic school and get no pt on your record

                                                                    if you fight it and have no real evidence supporting your claim, the judge will charge you the full amount of the ticket and no chance at traffic school and no pt off the record, he/she will do this to send a message to you, your family, your friends, and everyone in the courtroom, to NEVER show up again to traffic court unless you have a valid case against your ticket

                                                                    this is the way they do things up in northern california


                                                                    PS. John, please let us know what happens..............GL
                                                                    Comment
                                                                    • ICE-BLOOD
                                                                      SBR MVP
                                                                      • 07-21-08
                                                                      • 1004

                                                                      #35
                                                                      hoopster,

                                                                      wikipedia traffic court


                                                                      after pleading not guilty, it's always a good idea to negotiate with the prosecutor before it hits the judge
                                                                      Comment
                                                                      Search
                                                                      Collapse
                                                                      SBR Contests
                                                                      Collapse
                                                                      Top-Rated US Sportsbooks
                                                                      Collapse
                                                                      Working...