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      05-15-2017, 12:00 AM   #1
e92_bryan
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Question Advice on fighting a ticket

Hey guys was wondering if anybody had some experience and advice with fighting tickets. Long story short I got my first ticket and its $560 including traffic school (which I need bc I don't want a point on my license) but I'm wondering if theres some way I can get out of it.

So the ticket the officer gave me is for running a red arrow light (making a turn when the arrow was red). The turn I made was a right turn, the infraction on the ticket doesn't specify left or right, the infraction on the ticket I got in the mail after specifies it was a left turn(when it wasn't) a california vehicle code how ever is the same for left or right, but the one in the mail specifies left. I'm not sure if thats enough of an excuse to fight it, on one ticket its not specified so I'd be guilty, on the other it specifies the wrong thing, but the overall california code doesn't specify left or right.

Besides that the ticket the officer gave me says the car wa sunder my name (its not tho) and that it was a "BMW 28i" not a "BMW 328i" (missing the 3 on the ticket) so if my first reason isn't a solid argument is the fact that the tickets lists a technically non-existent car under mine name even tho its not, enough of a reason I can fight the ticket too?

And worst case scenario if I do lose can I still take traffic school or not?

Thank guys
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      05-15-2017, 03:42 AM   #2
e92_bryan
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Update I got some advice and basically was told that getting it dismissed on a technicality like it saying left turn or my information being wrong was not likely bc regardless I did break some law, although I've also heard of tickets being dismissed for technicalities like that.
But my most likely win would be arguing that I didn't commit VC 21435(C) which is ig oring a RED ARROW LIGHT, but rather VC 21435(B) which is ignoring a "no turn on red" SIGN or VC 21461 which is just ignoring a sign in general, both of which would reduce my current fine of $500 to either $234 or $238 and hopefully I can get that reduced further on the fact I'm broke college student studying full time and still qualify for driving school since its my first offense. Now I've also heard that even if I prove it wrong I still need to be cited for the new one which in rare cases doesn't occur out of the cop's laziness so now I might argue for the much more different code 21461 than the same code but slightly different 21435 (B) although its the same thing but more specifix
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      05-15-2017, 06:48 AM   #3
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Lawyer up for best results!
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      05-15-2017, 11:41 AM   #4
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Lawyer up for best results!
Can second this one. I got a lawyer and the cop didn't show for the case and no point on my license and my insurance never went up!
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      05-15-2017, 02:05 PM   #5
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      05-15-2017, 11:57 PM   #6
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Check out my blog post: http://autohookups.com/got-a-ticket-...-your-options/
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      05-16-2017, 01:13 AM   #7
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Quote:
Originally Posted by e92_bryan View Post
Hey guys was wondering if anybody had some experience and advice with fighting tickets. Long story short I got my first ticket and its $560 including traffic school (which I need bc I don't want a point on my license) but I'm wondering if theres some way I can get out of it.

So the ticket the officer gave me is for running a red arrow light (making a turn when the arrow was red). The turn I made was a right turn, the infraction on the ticket doesn't specify left or right, the infraction on the ticket I got in the mail after specifies it was a left turn(when it wasn't) a california vehicle code how ever is the same for left or right, but the one in the mail specifies left. I'm not sure if thats enough of an excuse to fight it, on one ticket its not specified so I'd be guilty, on the other it specifies the wrong thing, but the overall california code doesn't specify left or right.

Besides that the ticket the officer gave me says the car wa sunder my name (its not tho) and that it was a "BMW 28i" not a "BMW 328i" (missing the 3 on the ticket) so if my first reason isn't a solid argument is the fact that the tickets lists a technically non-existent car under mine name even tho its not, enough of a reason I can fight the ticket too?

And worst case scenario if I do lose can I still take traffic school or not?

Thank guys
don't waste your money on a lawyer. you can do the things they charge you for yourself. get extensions on the ticket i think you get 2 or 3 extensions , then after that get a Trial By written Declaration saying you are not guilty , if they don't Dismiss it after that you can get an Trail de Novo which is in person , cop might not show up and it would be dismissed. This is how I've gotten my traffic tickets dismissed myself
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      05-16-2017, 02:33 AM   #8
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Originally Posted by 2121Mando View Post
don't waste your money on a lawyer. you can do the things they charge you for yourself. get extensions on the ticket i think you get 2 or 3 extensions , then after that get a Trial By written Declaration saying you are not guilty , if they don't Dismiss it after that you can get an Trail de Novo which is in person , cop might not show up and it would be dismissed. This is how I've gotten my traffic tickets dismissed myself
So I double checked the street I got the ticket on the ticket I got is technically correct (for ignorign a red arrow light) I don't think fighting it over writing would be a good option as a don't really have a case, do you know if I can directly go and fight it in person (obviously after maxing out the extensions in hopes the cop never shows up)? And once I'm there in person I don't have a case to get it fully dismissed but hope I get a nice judge and basically give the whole "I'm a broke college student pursuing a better future blah blah blah going to school full time can't afford this bc I go to school full time and have no job blah blah blah this is my first ticket and I've been driving for 4 years" and hope he reduces the fine or gives me a different ticket which is for a ignoring a "no turn on red" sign which takes the fine down from $500 to $238
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      05-16-2017, 02:40 AM   #9
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Quote:
Originally Posted by Curt View Post

Hey I just read your blog
And basically I have no case the ticket is accurate and I'm not sure if the fine would be reduced enough if declare guiltt, 20% doesn't seem like much and I'm a broke colege student. I don't think I'd have much of a case if I write it would be more of begging to have it changed to a different ticket thats $260 cheaper (55% less) so I's say my best chance is to fight it in person after a few extensions and ask to have it changed to the lesser fine + traffic school
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      05-17-2017, 12:24 AM   #10
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Quote:
Originally Posted by e92_bryan View Post
Hey I just read your blog
And basically I have no case the ticket is accurate and I'm not sure if the fine would be reduced enough if declare guiltt, 20% doesn't seem like much and I'm a broke colege student. I don't think I'd have much of a case if I write it would be more of begging to have it changed to a different ticket thats $260 cheaper (55% less) so I's say my best chance is to fight it in person after a few extensions and ask to have it changed to the lesser fine + traffic school
If you read it again, you'll note that it emphasizes that you have two chances for the cop not to respond to either the written trial or court appeal. If they don't show up you're off free.

My last speeding ticket was dismissed because CHP didn't respond to my TBWD.
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      05-17-2017, 12:26 AM   #11
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Quote:
Originally Posted by e92_bryan View Post
So I double checked the street I got the ticket on the ticket I got is technically correct (for ignorign a red arrow light) I don't think fighting it over writing would be a good option as a don't really have a case, do you know if I can directly go and fight it in person (obviously after maxing out the extensions in hopes the cop never shows up)? And once I'm there in person I don't have a case to get it fully dismissed but hope I get a nice judge and basically give the whole "I'm a broke college student pursuing a better future blah blah blah going to school full time can't afford this bc I go to school full time and have no job blah blah blah this is my first ticket and I've been driving for 4 years" and hope he reduces the fine or gives me a different ticket which is for a ignoring a "no turn on red" sign which takes the fine down from $500 to $238
Broke college students shouldn't be driving bmws
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      05-18-2017, 03:35 PM   #12
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I always do trial by declaration and have pretty much won them all, but I heard if you use the traffic ticket lawyers they want to create discovery and what not which makes the judge or commisionary dismiss it as the time and resources would cost more than what the ticket is worth.
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      05-30-2017, 06:52 PM   #13
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Quote:
Originally Posted by e92_bryan View Post
Hey guys was wondering if anybody had some experience and advice with fighting tickets. Long story short I got my first ticket and its $560 including traffic school (which I need bc I don't want a point on my license) but I'm wondering if theres some way I can get out of it.

So the ticket the officer gave me is for running a red arrow light (making a turn when the arrow was red). The turn I made was a right turn, the infraction on the ticket doesn't specify left or right, the infraction on the ticket I got in the mail after specifies it was a left turn(when it wasn't) a california vehicle code how ever is the same for left or right, but the one in the mail specifies left. I'm not sure if thats enough of an excuse to fight it, on one ticket its not specified so I'd be guilty, on the other it specifies the wrong thing, but the overall california code doesn't specify left or right.

Besides that the ticket the officer gave me says the car wa sunder my name (its not tho) and that it was a "BMW 28i" not a "BMW 328i" (missing the 3 on the ticket) so if my first reason isn't a solid argument is the fact that the tickets lists a technically non-existent car under mine name even tho its not, enough of a reason I can fight the ticket too?

And worst case scenario if I do lose can I still take traffic school or not?

Thank guys
1) Contact the police station where the ticket is for, ask to have the ticket transferred to the COUNTY SEAT. First research where is the county seat court for your county where the issue happened. If you are already in the county seat court... then skip this step. The purpose of this step is to transfer the ticket to someplace other than where the cop is already familiar with (He will have all his cop buddies to chit chat with, will know the judges, where to park, its a close/familiar drive to him). But when you transfer the ticket to some other court... he doesn't have his buddies, he doesn't know the judge, and its probably more effort for him (hence he might not show up to defend his case against you... and you win).

2) Ask for a trial by declaration, basically this is asking for you to write in your accounts and reasoning why you should be dismissed on this ticket. The cop also has to write in his reason why you are guilty for what he witnessed (your accuser). This is a lot of effort, he might not do this... and if he does not defend his case against you... and you win).

3) Ask for discovery of the officers notes so you can build your case and do research.

4) Ask for one extension so you can do your research

5) Try to see if you can get a second extension (not likely... but try anyways, the name of the game here is to delay so people forget)

6) Lets say you lose your decision on the trial by declaration... you then have the right to a BRAND NEW IN COURT TRIAL which has nothing to do with the trial by declaration as long as you request it within 21 days (the sooner the better).

7) Ask for an extension

8) Ask for second extension

9) Fight your ticket (hope he doesn't show up to defend his case against you... and you win), come prepared with photos/videos/details to look like you are making some effort. Cross examine the officer:
What was I wearing that day?
What vehicle was I driving?
What did you feel I made a mistake on?
Ask leading questions to get the officer to say the incorrect answers (like the issues you already are talking about).. the more mistakes he makes... it demonstrates that the officer was not paying attention, if he wasn't paying attention to what he is doing then we have doubt. If we have doubt then when its your word against his... you have now proven your recollection of events has more value.

If the judge flat out asks you, did you make an illegal turn? Not for what I am cited for which is why we are here (This is a truthful statement because you were cited for the wrong thing).
If the judge asks did you make any illegal turns? None that I have been cited for (Remember, this question is no different than someone saying did you do anything illegal that day... which is entrapment/self incrimination and you do not want to discuss anything other than what you are cited for which is why you are here today).
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