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Traffic violation procedures

Started by restlessdriver87 · · 👁 117 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Frank Hernandez5 Frank Hernandez5 Newcomer
1 message
joined Apr 2008
#901 ·
Greetings.
Three weeks ago, I attended a game and found myself positioned near a group of fans who were lighting flares and throwing them onto the field.
Shortly after, an officer approached me and took me into custody at the station. The justification given was that I had also been lighting and throwing flares, which is simply not true.
I requested that the security footage be reviewed, as it would clearly show my innocence, but the officer informed me that no such video exists—a claim I find highly dubious given that this was a high-security game.
Furthermore, while I was being detained for six hours—a duration necessitated by my refusal to falsely admit to and sign for an offense I did not commit—I was denied the phone call I requested. During transport, the officer even interrogated me about whether I had prior run-ins with the police or if I might actually be from a different city, making it painfully obvious he had mistaken me for someone else.
During the hearing, the officer testified that he saw me holding a flare before apprehending me. I maintained my innocence under oath and asserted that I have witnesses who can corroborate my account.
To make matters worse, I faced blatant discrimination from the judge, who remarked that it wasn't surprising I was targeted because I stand out due to my long hair. 😕
The court sentenced me to $333 along with a one-year restraining order prohibiting me from attending any future games hosted by that club.
During the proceedings, the officer intentionally brought up a previous protective measure issued against me (which was for an entirely unrelated matter), even though I am currently only under a precautionary measure as my legal process is still ongoing and I have no criminal record.
My question is: when filing an appeal with the Municipal Court of Los Angeles, can I utilize the fact that I have multiple witnesses ready to testify to my innocence? If so, what is the proper procedure—do their statements need to be notarized or something similar? Additionally, can I appeal based on the judge's discriminatory remarks regarding my appearance and her biased comment that she would trust an officer's word over mine?
I would appreciate a prompt response, as my deadline to submit the appeal is this Friday.
Thank you.
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#902 ·
Frank Hernandez5 said:Greetings.
Three weeks ago, I attended a game and found myself positioned near a group of fans who were lighting flares and throwing them onto the field.
Shortly after, an officer approached me and took me into custody at the station. The justification given was that I had also been lighting and throwing flares, which is simply not true.
I requested that the security footage be reviewed, as it would clearly show my innocence, but the officer informed me that no such video exists—a claim I find highly dubious given that this was a high-security game.
Furthermore, while I was being detained for six hours—a duration necessitated by my refusal to falsely admit to and sign for an offense I did not commit—I was denied the phone call I requested. During transport, the officer even interrogated me about whether I had prior run-ins with the police or if I might actually be from a different city, making it painfully obvious he had mistaken me for someone else.
During the hearing, the officer testified that he saw me holding a flare before apprehending me. I maintained my innocence under oath and asserted that I have witnesses who can corroborate my account.
To make matters worse, I faced blatant discrimination from the judge, who remarked that it wasn't surprising I was targeted because I stand out due to my long hair. 😕
The court sentenced me to $333 along with a one-year restraining order prohibiting me from attending any future games hosted by that club.
During the proceedings, the officer intentionally brought up a previous protective measure issued against me (which was for an entirely unrelated matter), even though I am currently only under a precautionary measure as my legal process is still ongoing and I have no criminal record.
My question is: when filing an appeal with the Municipal Court of Los Angeles, can I utilize the fact that I have multiple witnesses ready to testify to my innocence? If so, what is the proper procedure—do their statements need to be notarized or something similar? Additionally, can I appeal based on the judge's discriminatory remarks regarding my appearance and her biased comment that she would trust an officer's word over mine?
I would appreciate a prompt response, as my deadline to submit the appeal is this Friday.
Thank you.

Hey, colleague,😁
Calling you a colleague because we're dealing with the exact same crap.

I got hauled in innocent as hell, and then sentenced without a shred of evidence. It was just my word against a cop's, and that was it. No footage, no photos, nothing. 🙄
The US Judiciary🤣

Man, I got screwed even worse... a year-long ban and $667.
I appealed the decision to the court, which is what I suggest you do. List those witnesses and everything else that might help your case.

But watch out—while the appeal is pending, your ban is still active. And if they reject your appeal, that's when the clock starts on the actual ban period. For example, if you got banned on Jan 1st and appealed, and the court finally rules on Oct 10th to uphold the penalty, then your ban runs from Jan 1st to Oct 10th of the following year.
So....what can I tell you? I appealed because it's pure injustice, even though the chances of them actually listening are basically zero. 🙂 And since they love to drag their feet on appeals on purpose, I'll end up being barred from games for three years total, even though I won't touch a flare again as long as I live.🙂
Brenda Thomas45 Brenda Thomas45 Newcomer
3 messages
joined Oct 2008
#903 ·
I have a few questions regarding my situation.

Basically, the police were securing a political rally in Los Angeles, and I was just trying to find a spot to park nearby—not that I was attending the rally itself 😁

There was an officer (not a traffic cop, mind you) standing near a crosswalk along with one other person (who looked like they knew each other). It didn't look like they had any intention of crossing, but then—maybe two seconds before I could pass through—the officer and this individual decided to step into the crosswalk. I ended up maneuvering around them (in my estimation, it was more efficient than slamming on the brakes!) and headed toward a nearby parking lot.

Of course, looking back, I probably should have just kept driving, but what’s done is done. The officer—with the witness in tow—casually strolled over to my car and asked for my driver's license and registration (which still list my old home address in a different state). After some lighthearted jabs at my outdated residency by both the officer and the "distinguished witness"—who, as it turns out, is also an officer and had a few "comments" of his own about where I live—the officer mentioned he’d be filing paperwork regarding my driver's license status, scribbled some info in his notebook, and that was that. I wasn't given a citation, I didn't sign anything, and... well, he didn't even call for a traffic officer? I've been driving for nearly nine years and have never once been cited.

So, is it possible that a summons will be mailed to my old address in that other state, or is there a chance nothing will come at all?

If a court summons does actually arrive, what are my options regarding potential fines or appeals?

And if the notice goes to my old address in a different state, what should I do to avoid having to travel all the way back there for a court date? (I'm planning on updating my license very soon anyway!)

Thanks!
Patrick Davis13 Patrick Davis13 Newcomer
5 messages
joined Apr 2008
#904 ·
Alright, let me break down what happened real quick. I could really use some advice if anyone knows how to handle this.
So, I was cruising down the highway on a stretch where I thought speed limits were higher. 44 miles I was definitely doing at least 90, so yeah, I was speeding—and to make matters worse, I passed someone on a solid line. Of course, two cops pulled me over. Honestly, I think only one of them even saw me because the other guy was busy arguing with some dude they’d just stopped.
Then, he pulls up to my window and
1. He didn't even take a photo or anything. He didn't say how fast I was going, just told me I committed a violation for $333, probably the passing thing... then he says I have to pay $100 right now or he'll just write me a ticket for $333.
But here’s the kicker: he takes my driver's license and registration to go write the citation, but he just scribbles stuff on some little notepad. He didn't give me any chance to see what I'm being charged with, and he didn't even ask me to sign anything! He just told me, "You'll get the ticket in the mail for $333!!!"
The issue is, I've only had my license for six months. I've got a totally clean record so far, but I'm a student, I don't have a job, and I am seriously broke, lol.
How can I fix this? Can I actually argue that I wasn't even passing people?
Thanks for the help, hope you guys can weigh in.
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#905 ·
Patrick Davis13 said:Alright, let me break down what happened real quick. I could really use some advice if anyone knows how to handle this.
So, I was cruising down the highway on a stretch where I thought speed limits were higher. 44 miles I was definitely doing at least 90, so yeah, I was speeding—and to make matters worse, I passed someone on a solid line. Of course, two cops pulled me over. Honestly, I think only one of them even saw me because the other guy was busy arguing with some dude they’d just stopped.
Then, he pulls up to my window and
1. He didn't even take a photo or anything. He didn't say how fast I was going, just told me I committed a violation for $333, probably the passing thing... then he says I have to pay $100 right now or he'll just write me a ticket for $333.
But here’s the kicker: he takes my driver's license and registration to go write the citation, but he just scribbles stuff on some little notepad. He didn't give me any chance to see what I'm being charged with, and he didn't even ask me to sign anything! He just told me, "You'll get the ticket in the mail for $333!!!"
The issue is, I've only had my license for six months. I've got a totally clean record so far, but I'm a student, I don't have a job, and I am seriously broke, lol.
How can I fix this? Can I actually argue that I wasn't even passing people?
Thanks for the help, hope you guys can weigh in.

Yeah, you might as well just claim you weren't even behind the wheel😁
Obviously you can't do that...
Honestly, there’s nothing you can do right now. You just gotta sit tight until the ticket actually shows up and then figure out your next move🙂

From what I know, though, to get a $333 for speeding, you usually have to be doing something way more reckless than this😁
Patrick Davis13 Patrick Davis13 Newcomer
5 messages
joined Apr 2008
#906 ·
boldhound8 said:Yeah, you might as well just claim you weren't even behind the wheel😁
Obviously you can't do that...
Honestly, there’s nothing you can do right now. You just gotta sit tight until the ticket actually shows up and then figure out your next move🙂

From what I know, though, to get a $333 for speeding, you usually have to be doing something way more reckless than this😁

Passing on a double yellow line and speeding, probably—but he’s got zero proof besides his own word.
Anyway, my brother was in the car with me, so maybe we could coordinate our stories? Like, I wasn't actually passing him, but rather that vehicle was just pulling out onto the main highway, since it's a newly widened intersection right where I was driving about 10 yards before.
And just to mention again, he didn't ask me to sign anything or give me any kind of citation paperwork. He just scribbled something down on some notepad, probably whatever he thought he saw (honestly, for all I know, he might've thought I ran someone over...).
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#907 ·
Patrick Davis13 said:Passing on a double yellow line and speeding, probably—but he’s got zero proof besides his own word.
Anyway, my brother was in the car with me, so maybe we could coordinate our stories? Like, I wasn't actually passing him, but rather that vehicle was just pulling out onto the main highway, since it's a newly widened intersection right where I was driving about 10 yards before.
And just to mention again, he didn't ask me to sign anything or give me any kind of citation paperwork. He just scribbled something down on some notepad, probably whatever he thought he saw (honestly, for all I know, he might've thought I ran someone over...).

He can't nail you for speeding if he didn't "catch you on camera" and show you the footage. It won't hold up in court without actual evidence. But for the illegal passing part? He doesn't need physical proof; his word is enough.
And listen to me: forget all that "syncing up stories" crap. You're better off going to court when it comes down to it, admitting you messed up, and playing the "broke college student" card. Tell them you've never had a ticket in your life, talk about how things are rough at home, whatever... You could even mention you were in a massive rush for something urgent.
All that stuff might actually work, but forget about trying to claim you weren't passing. That's a losing game.😉
Patrick Davis13 Patrick Davis13 Newcomer
5 messages
joined Apr 2008
#908 ·
boldhound8 said:He can't nail you for speeding if he didn't "catch you on camera" and show you the footage. It won't hold up in court without actual evidence. But for the illegal passing part? He doesn't need physical proof; his word is enough.
And listen to me: forget all that "syncing up stories" crap. You're better off going to court when it comes down to it, admitting you messed up, and playing the "broke college student" card. Tell them you've never had a ticket in your life, talk about how things are rough at home, whatever... You could even mention you were in a massive rush for something urgent.
All that stuff might actually work, but forget about trying to claim you weren't passing. That's a losing game.😉


I think that's the smartest way to play it, but I'm still wondering what the actual law says. Like, does he have to give me an official citation and ask for my signature right then and there? Or can he just scribble it on a notepad, write up a report later, and mail it to me? I'm totally lost on how that part works.
rowdybadger3 rowdybadger3 Member
23 messages
joined Nov 2010
#909 ·
Thought I’d jump in here, though some of these "renowned" lawyers on this board are seriously starting to get on my nerves.
Regarding that whole red light issue—it’s honestly laughable. I pulled a friend out of a jam without any drama because the judge—who was actually sane and understood plain English—immediately recognized it as an OBJECTION rather than an appeal. An appeal only happens much later, after the initial hearing.
The reality is that in 99.9% of these cases, a cop is just standing at the intersection and neatly writes down that they determined the violation occurred based on their PERSONAL OBSERVATION. I don't care how many "experts" on this forum try to tell me otherwise; if that's how it works, I'll just pay every single ticket from now on...

On
fadedstag56 said:So, I wanted to pick your brains on something... my boyfriend ran a red light about a month ago, and he just got the citation in the mail last week. He was hit with a $333 fine, plus he’s facing a two-month suspension on his driver's license. Unfortunately, we didn't file an appeal right away—he just went ahead and paid it. I've been scouring the internet for examples of how to contest these things, and I actually found one case that looked almost identical to ours. In that instance, even though the fine had already been settled (which basically means admitting guilt), they appealed specifically to waive the license suspension because the driver absolutely needed it for work. That specific reasoning was used in the example I found. So, I'm wondering—is it actually possible to file an appeal like that, and do the courts actually take those kinds of circumstances into account? Also, when would you even file it? From what I can gather, he shouldn't be getting a court summons until they officially finalize everything. 😕
Terry Martin30 Terry Martin30 Newcomer
4 messages
joined Jan 2010
#910 ·
So, I just got hit with a court ruling today. The fine is $667, plus I’m looking at a three-month suspension on my driver's license.
The catch is I have an eight-day window to file an appeal.
The whole thing stems from a 0.82 BAC reading. Now, I’m trying to figure out if this ruling is final or if there's still wiggle room—specifically, if I file an appeal, does that suspension kick in immediately?
When I was standing there in front of the judge, I told them the honest truth: I was behind the wheel of a buddy's car because he was completely wasted. We were out celebrating his wife having a baby.

What do you guys think is my best bet when drafting this appeal?
Patrick Davis13 Patrick Davis13 Newcomer
5 messages
joined Apr 2008
#911 ·
Asking this one more time—does anyone actually know if there’s any weight to this? I just wrote my info down on some random notepad, but they didn't give me a ticket or any official paperwork to sign or anything. Does that even count, or is it all just meaningless?😕😕😕
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#912 ·
It doesn't really matter much, honestly...
Terry Martin30 Terry Martin30 Newcomer
4 messages
joined Jan 2010
#913 ·
Quick, I need some input here, people.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#914 ·
Just file an appeal. Honestly, everything else you need to know has already been laid out on this thread a thousand times over... if this were actually an emergency for you, you would have at least bothered to read ☕
redsurfer11 redsurfer11 Newcomer
4 messages
joined Apr 2008
#915 ·
So, I just got hit with a bill in the mail a few days ago... this is for some traffic violation from way back in December 2005. It's been like two years and five months since the actual incident, and the appeal ruling wasn't even finalized until November 2007.
Has the statute of limitations kicked in yet, or am I actually stuck paying those $100 to the government??
Kevin Chase4 Kevin Chase4 Newcomer
2 messages
joined Apr 2008
#916 ·
Look, if the verdict actually gets handed down within a two-year window, then you aren't looking at a statute of limitations issue, but you still have every right to file an appeal and fight it.
redsurfer11 redsurfer11 Newcomer
4 messages
joined Apr 2008
#917 ·
So, did the ruling actually come down from the Supreme Court of the United States yet?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#918 ·
Look, if the Supreme Court of the States has already handed down their ruling, there’s really no point in arguing or fighting it anymore... just pay up.
redsurfer11 redsurfer11 Newcomer
4 messages
joined Apr 2008
#919 ·
MFJ!
northernbadger48 northernbadger48 Newcomer
1 message
joined Apr 2008
#920 ·
Here’s the situation:
I was out riding my scooter when I hit a pothole in the road. I wiped out, the scooter slid, and ended up hitting a car coming up behind me. Thankfully, the damage was just some scratches.
The report was filed on 9/21/2006.
The main hearing took place on 3/19/2008.
I finally got the decision on 4/10.
The verdict: guilty under Section 51, subsection 5, in connection with Section 294 of the Vehicle Code.
The fine was $167 (which is actually below the minimum required amount of $333).
$173 Plus court costs.
I'm putting together an appeal. Does this look okay to you guys?
I'm also a bit confused about where to send it. Should I send one copy to the Supreme Court of the United States and another to the municipal court, or...? I know I need two copies. I think I'll just drop it off at the local court.
Thanks!

Full Name
Address

Supreme Court of the United States

APPEAL

- regarding Decision number:I P –2344/06 Indianapolis, 03/19/2008.

The facts were incorrectly or incompletely established per Section 211 of the Zoning Ordinance.

Explanation:
The witness—a police officer—testified that he arrived at the scene of the accident and spoke with the parties involved. That isn't quite right. I was actually picked up by an ambulance and taken to the hospital for examination. It was there at the hospital that the officer came to talk to me, not at the crash site itself. Also, the police report feels incomplete because it fails to mention a commercial truck that was parked illegally right in the bend (see photo 1 for the curve). The witness claimed the road wasn't full of potholes, just "wavy" or uneven. I have to disagree; if you look at photos 2, 3, and 4, it is clearly a deep pothole, not just minor unevenness. Usually, when roads are just bumpy, there are warning signs so drivers can slow down, but there were absolutely no signs here. I also think it's worth mentioning that there have been numerous accidents at this exact spot before, and the Department of Public Works actually patched the hole just a few days after my accident. Furthermore, the photos of the moped weren't even taken properly. In the provided evidence, I want to point to photo 12, which shows the moped from the wrong side. Those shots don't show the actual damage to the scooter because I fell on the left side, not the right. Finally, the witness suggested I didn't adjust my speed for the road conditions. But I should note that I am a professional rider; I’ve owned and operated high-performance motorcycles for years and have never caused or been part of an accident before.
In my experience, speed had nothing to do with the fall. Honestly, no matter how slow you're going, if you hit a hole that size, the fork compression would yank the handlebars right out of your hands. Even the witness basically hinted at this by suggesting the police call it a "series of incidents," since I wasn't the only one to have an accident there that day. Just two days after my crash, I was driving home from work and saw an identical accident involving another scooter rider at the exact same spot—the police were there processing the scene too. This could probably be verified with the Indianapolis Police Department.
Because of all this, I really don't believe I'm at fault, and I'm asking that the verdict be overturned entirely.

Indianapolis, dated 04/14/2008.

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