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Traffic violation procedures

Started by restlessdriver87 · · 👁 14 views · 1.6K replies

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Sandra Parker3 Sandra Parker3 Regular
419 messages
joined Oct 2007
#101 ·
How should we view a "legal loophole" versus just a simple gap in the law, or "statutes of limitations" versus just being expired?
And why wouldn't people look for those loopholes if they exist? We've already touched on this here. You just hire a lawyer who knows the drill, yet people still come here asking these questions.
Why shouldn't knowledge be shared? Those loopholes were likely created by the legislators, not the citizens, so naturally, the public isn't held responsible for how they're used.
I don't really get what kind of moral high ground someone thinks they have here. It's pretty obvious they haven't studied Civil law.
🙂
Austin Martinez2 Austin Martinez2 Newcomer
4 messages
joined May 2007
#102 ·
Sandra Parker3 said:How should we view a "legal loophole" versus just a simple gap in the law, or "statutes of limitations" versus just being expired?
And why wouldn't people look for those loopholes if they exist? We've already touched on this here. You just hire a lawyer who knows the drill, yet people still come here asking these questions.
Why shouldn't knowledge be shared? Those loopholes were likely created by the legislators, not the citizens, so naturally, the public isn't held responsible for how they're used.
I don't really get what kind of moral high ground someone thinks they have here. It's pretty obvious they haven't studied Civil law.
🙂

Sadly, you're right...😉
She really ought to go find a lawyer who will actually charge her for their expertise...🤣 ...instead of looking for freebies here on the forum.😬
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#103 ·
Austin Martinez2 said:Maybe you missed the fact that those controversial terms were in quotation marks? Please, interpret them that way instead of taking everything so literally.
I still maintain my stance: citizens are the ones who hold the responsibility. After all, who else builds and sustains a nation if not its people?
Honestly, I'm surprised phrases like "...it's a joke" even fly in a discussion like this.😕
crimsonsailor7.....The fairness of the statute of limitations itself isn't the issue. The problem is how it's applied and interpreted.
...What the person was really asking was how to best dodge a penalty. While I totally get the fear and discomfort involved, the law has a specific stance on that—and maybe even a moral one. Some people could really use a refresher course on Civil law...🙄 (..or just ask someone who actually understands it.)

honestly, some people really shouldn't be out here acting like legal philosophers when they clearly don't have a clue😉
Mark Sullivan62 Mark Sullivan62 Active Member
147 messages
joined Jul 2009
#104 ·
Austin Martinez2 said:Maybe you missed the fact that those controversial terms were in quotation marks? Please, interpret them that way instead of taking everything so literally.
I still maintain my stance: citizens are the ones who hold the responsibility. After all, who else builds and sustains a nation if not its people?
Honestly, I'm surprised phrases like "...it's a joke" even fly in a discussion like this.😕
crimsonsailor7.....The fairness of the statute of limitations itself isn't the issue. The problem is how it's applied and interpreted.
...What the person was really asking was how to best dodge a penalty. While I totally get the fear and discomfort involved, the law has a specific stance on that—and maybe even a moral one. Some people could really use a refresher course on Civil law...🙄 (..or just ask someone who actually understands it.)

Oh, sure, why don't you go ahead and explain to me exactly how I'm supposed to interpret your own personal definition of a term just because it's in quotation marks?

a) when they're in quotes
b) in a literal sense

I honestly didn't follow what you were getting at there, I really didn't.

If I started spinning some long-winded tale about how I managed to dodge certain penalties—penalties that would have stripped my license until retirement if I hadn't been careful—you’d probably just roll your eyes and think I was making the whole thing up out of thin air.

But they aren't made up; they are the absolute truth.

Look, I'm not a lawyer, and I haven't sat down with one to discuss any of these fines or citations.

The American justice system is rotten to the core, period.
Austin Martinez2 Austin Martinez2 Newcomer
4 messages
joined May 2007
#105 ·
Mark Sullivan62 said:Oh, sure, why don't you go ahead and explain to me exactly how I'm supposed to interpret your own personal definition of a term just because it's in quotation marks?

a) when they're in quotes
b) in a literal sense

I honestly didn't follow what you were getting at there, I really didn't.

If I started spinning some long-winded tale about how I managed to dodge certain penalties—penalties that would have stripped my license until retirement if I hadn't been careful—you’d probably just roll your eyes and think I was making the whole thing up out of thin air.

But they aren't made up; they are the absolute truth.

Look, I'm not a lawyer, and I haven't sat down with one to discuss any of these fines or citations.

The American justice system is rotten to the core, period.

I am in total agreement with that statement... honestly. I mean, I wouldn't be in this profession if I could just ignore how bad things have gotten.
The real issue, and I'll say it again, is that human irresponsibility and a tendency toward cutting corners is what makes it so.🤣
crimsonsailor7....hmm...the way you phrased that is a bit messy, but look—couldn't we just skip the legal philosophy part? There really should be a distinction between actual philosophy as a discipline and when someone just uses the word as an excuse for nonsense. But hey, who am I to judge?😁
Unfortunately, though, this is veering into "Off topic".
Sandra Parker3 Sandra Parker3 Regular
419 messages
joined Oct 2007
#106 ·
Austin Martinez2 said:I am in total agreement with that statement... honestly. I mean, I wouldn't be in this profession if I could just ignore how bad things have gotten.
The real issue, and I'll say it again, is that human irresponsibility and a tendency toward cutting corners is what makes it so.🤣
crimsonsailor7....hmm...the way you phrased that is a bit messy, but look—couldn't we just skip the legal philosophy part? There really should be a distinction between actual philosophy as a discipline and when someone just uses the word as an excuse for nonsense. But hey, who am I to judge?😁
Unfortunately, though, this is veering into "Off topic".

Why don't you just move this thread over to the Philosophy subforum? Let's see if we can actually distinguish between legitimate science and just people talking out of their asses. We'll see where everyone stands then.
copperangler15 copperangler15 Member
23 messages
joined May 2007
#107 ·
May 11, 2007. A police officer pulled me over, claiming I ran a red light. I know for a fact the light was green when I passed through that intersection, and his entire claim rests on nothing more than his own "visual observation." To make matters worse, the citation itself is a complete mess—the street name and the location of the stop are both entirely incorrect. On top of that, the officer was incredibly rude. Before he even signaled me to pull over, he drove his cruiser aggressively toward my car, practically forcing me off the road. Honestly, I was terrified I’d be pushed right into a ditch. When he slapped me with the ticket—which I refused to sign ($333 + $37; 2 misdemeanors and a 2-month license suspension)—I didn't waste any time. As soon as I got home, I drafted formal appeals against both the citation and the officer's conduct, then mailed them all via certified mail. By Saturday, I received a response from the Police Chief. Predictably, they doubled down on the errors, citing the wrong date and the wrong location again. They claimed to have conducted a thorough review of the file and concluded that my grievances were baseless 😠 because, of course, the officer denies being unprofessional. Since I filed my appeal within the legal timeframe, the case has been forwarded to the local municipal court. From there, I can seek protection of my rights if they are violated, call witnesses, request a confrontation, and present other evidence during the proceedings.
Now, here is what I want to know: can an officer actually prove I ran a red light if he didn't pull me over until two intersections later? Especially since he wrote on the ticket that he witnessed the violation personally? There is absolutely no video footage.
How should I prepare to go before the judge? This is my first offense ever, and I’ve been driving for over a decade. Regardless of the outcome, I am not paying a dime. I refuse to pay for something I didn't do.
James Cox6 James Cox6 Active Member
150 messages
joined Mar 2009
#108 ·
copperangler15 said:May 11, 2007. A police officer pulled me over, claiming I ran a red light. I know for a fact the light was green when I passed through that intersection, and his entire claim rests on nothing more than his own "visual observation." To make matters worse, the citation itself is a complete mess—the street name and the location of the stop are both entirely incorrect. On top of that, the officer was incredibly rude. Before he even signaled me to pull over, he drove his cruiser aggressively toward my car, practically forcing me off the road. Honestly, I was terrified I’d be pushed right into a ditch. When he slapped me with the ticket—which I refused to sign ($333 + $37; 2 misdemeanors and a 2-month license suspension)—I didn't waste any time. As soon as I got home, I drafted formal appeals against both the citation and the officer's conduct, then mailed them all via certified mail. By Saturday, I received a response from the Police Chief. Predictably, they doubled down on the errors, citing the wrong date and the wrong location again. They claimed to have conducted a thorough review of the file and concluded that my grievances were baseless 😠 because, of course, the officer denies being unprofessional. Since I filed my appeal within the legal timeframe, the case has been forwarded to the local municipal court. From there, I can seek protection of my rights if they are violated, call witnesses, request a confrontation, and present other evidence during the proceedings.
Now, here is what I want to know: can an officer actually prove I ran a red light if he didn't pull me over until two intersections later? Especially since he wrote on the ticket that he witnessed the violation personally? There is absolutely no video footage.
How should I prepare to go before the judge? This is my first offense ever, and I’ve been driving for over a decade. Regardless of the outcome, I am not paying a dime. I refuse to pay for something I didn't do.


He can. Traffic lights are synchronized. They'll just bring in a traffic expert who knows everything about how those systems are timed.
And they'll bring in some yes-man to testify at the hearing...
Lisa Kern38 Lisa Kern38 Member
38 messages
joined Aug 2010
#109 ·
copperangler15 said:May 11, 2007. A police officer pulled me over, claiming I ran a red light. I know for a fact the light was green when I passed through that intersection, and his entire claim rests on nothing more than his own "visual observation." To make matters worse, the citation itself is a complete mess—the street name and the location of the stop are both entirely incorrect. On top of that, the officer was incredibly rude. Before he even signaled me to pull over, he drove his cruiser aggressively toward my car, practically forcing me off the road. Honestly, I was terrified I’d be pushed right into a ditch. When he slapped me with the ticket—which I refused to sign ($333 + $37; 2 misdemeanors and a 2-month license suspension)—I didn't waste any time. As soon as I got home, I drafted formal appeals against both the citation and the officer's conduct, then mailed them all via certified mail. By Saturday, I received a response from the Police Chief. Predictably, they doubled down on the errors, citing the wrong date and the wrong location again. They claimed to have conducted a thorough review of the file and concluded that my grievances were baseless 😠 because, of course, the officer denies being unprofessional. Since I filed my appeal within the legal timeframe, the case has been forwarded to the local municipal court. From there, I can seek protection of my rights if they are violated, call witnesses, request a confrontation, and present other evidence during the proceedings.
Now, here is what I want to know: can an officer actually prove I ran a red light if he didn't pull me over until two intersections later? Especially since he wrote on the ticket that he witnessed the violation personally? There is absolutely no video footage.
How should I prepare to go before the judge? This is my first offense ever, and I’ve been driving for over a decade. Regardless of the outcome, I am not paying a dime. I refuse to pay for something I didn't do.

You think you're innocent, and maybe you are, but you know how this works... He’s got the badge and the uniform. He’s got a partner who will back him up. He’s got the official report. It's basically his word against yours. Find a lawyer to give you some advice, but even that’s gonna cost you. Like the old saying goes: don't pick a fight with someone who holds all the cards.
Mark Sullivan62 Mark Sullivan62 Active Member
147 messages
joined Jul 2009
#110 ·
Oh, come on, people in the US

They’ll actually call the cops in for a face-to-face confrontation, and let me tell you, those officers are never showing up.

Honestly, they didn't show up for me either when I was caught driving the wrong way.

I ended up getting a notice saying the whole citation was tossed because there just wasn't enough evidence.

Just keep dragging out the hearings—if nothing else, you can always count on the statute of limitations running out...

Keep your chin up and just keep pushing forward.
feralhawk10 feralhawk10 Newcomer
6 messages
joined May 2007
#111 ·
Mark Sullivan62 said:Oh, come on, people in the US

They’ll actually call the cops in for a face-to-face confrontation, and let me tell you, those officers are never showing up.

Honestly, they didn't show up for me either when I was caught driving the wrong way.

I ended up getting a notice saying the whole citation was tossed because there just wasn't enough evidence.

Just keep dragging out the hearings—if nothing else, you can always count on the statute of limitations running out...

Keep your chin up and just keep pushing forward.

Regarding those cops failing to show up for confrontations, the landscape is shifting. Judges have actually started leaning in their favor lately. At least, that's the case in my neck of the woods. My judge is completely incompetent; I honestly can't believe it. It’s a small town just outside of New York City. Now, I’m expected to show up three different times just waiting for some officer to finally roll up for the hearing. As if!🤣
ironpuma18 ironpuma18 Newcomer
1 message
joined May 2007
#112 ·
Lisa Kern38 said:You think you're innocent, and maybe you are, but you know how this works... He’s got the badge and the uniform. He’s got a partner who will back him up. He’s got the official report. It's basically his word against yours. Find a lawyer to give you some advice, but even that’s gonna cost you. Like the old saying goes: don't pick a fight with someone who holds all the cards.

Don't take advice from someone who sounds this terrified. Just go to court. You’re going to end up paying legal fees anyway if you just accept the fine. You have nothing to lose by fighting this. Keep filing appeals until you're done.
Ethan Johnson4 Ethan Johnson4 Newcomer
4 messages
joined May 2007
#113 ·
cosmicfalcon68 said:I honestly think she wasn't looking for a lecture on ethics, but rather some actual legal guidance.

Exactly. If she actually cared about the moral side of things, she wouldn't be asking for help in the first place. But that's the thing, isn't it? I feel like the penalties in this country are way too light, and even when they do hand them out, nobody actually enforces them properly anyway.
Michael Stewart25 Michael Stewart25 Newcomer
2 messages
joined May 2007
#114 ·
Ethan Johnson4 said:Exactly. If she actually cared about the moral side of things, she wouldn't be asking for help in the first place. But that's the thing, isn't it? I feel like the penalties in this country are way too light, and even when they do hand them out, nobody actually enforces them properly anyway.

Yeah, well, that's exactly what I thought right up until I got hit with my own fine—we'll see how you feel when your turn comes, I guess...
Ethan Johnson4 Ethan Johnson4 Newcomer
4 messages
joined May 2007
#115 ·
Michael Stewart25 said:Yeah, well, that's exactly what I thought right up until I got hit with my own fine—we'll see how you feel when your turn comes, I guess...

Honestly, whenever I get hit with one of those fines, I just pay the damn thing and shut my mouth because, let's face it, I was in the wrong. I’m pretty meticulous about it—I don't even bother riding without my registration or a helmet. This time, it was just a seatbelt issue and some lights that weren't turned on properly.
Mark Sullivan62 Mark Sullivan62 Active Member
147 messages
joined Jul 2009
#116 ·
feralhawk10 said:Regarding those cops failing to show up for confrontations, the landscape is shifting. Judges have actually started leaning in their favor lately. At least, that's the case in my neck of the woods. My judge is completely incompetent; I honestly can't believe it. It’s a small town just outside of New York City. Now, I’m expected to show up three different times just waiting for some officer to finally roll up for the hearing. As if!🤣

I don't get it, what do you mean by "winging it"?

The takeaway from my last legal battle (which was about a year ago) was that they were supposed to call the officer in for a face-to-face confrontation.

Then, after a few months passed, I got hit with a decision stating the whole case was being dropped due to lack of evidence. They claimed the officer didn't show up, but then they somehow characterized my defense as being "potentially viable" or used some similar legal jargon, and because there wasn't enough proof left, they just shut the whole thing down.

simple as that
James Cox6 James Cox6 Active Member
150 messages
joined Mar 2009
#117 ·
Mark Sullivan62 said:I don't get it, what do you mean by "winging it"?

The takeaway from my last legal battle (which was about a year ago) was that they were supposed to call the officer in for a face-to-face confrontation.

Then, after a few months passed, I got hit with a decision stating the whole case was being dropped due to lack of evidence. They claimed the officer didn't show up, but then they somehow characterized my defense as being "potentially viable" or used some similar legal jargon, and because there wasn't enough proof left, they just shut the whole thing down.

simple as that


It all comes down to the judge!!!

A judge is basically just a chef in their own kitchen.

Will they drop the charges, nix the misdemeanor proceedings, or is this just going to drag on forever?

Clerks have their own stats too—tracked by the chief judge—and those backlog numbers hit their performance reviews just as hard as anyone else's.

So, it all comes down to the judge.
copperangler15 copperangler15 Member
23 messages
joined May 2007
#118 ·
James Cox6 said:He can. Traffic lights are synchronized. They'll just bring in a traffic expert who knows everything about how those systems are timed.
And they'll bring in some yes-man to testify at the hearing...

Look, I get that the lights are synchronized. But is a judge really going to waste time and money on expert testimony for this? And once they bring in some incompetent witness to testify, the court is just going to believe them. From what I've seen, the police act like they're above the law anyway. Third point: does it actually matter if they botched the location or messed up the street name on the ticket? Do I even have a fighting chance at getting this charge dropped?
Melissa Phillips4 Melissa Phillips4 Member
47 messages
joined Apr 2015
#119 ·
Do you actually have to pay a speeding ticket, or is there a way to contest it? If anyone here has dealt with this or knows the drill, let me know. It's urgent.
Melissa Phillips4 Melissa Phillips4 Member
47 messages
joined Apr 2015
#120 ·
If you blew past the speed limit, you’re looking at a fine. Period. You can try to fight it, sure, but don't expect miracles. Unless you have some rock-solid evidence that the officer was hallucinating or the radar was malfunctioning, an appeal is usually just a waste of your time and money. Expect to pay up.

I think I just pulled a fast one on myself. Not sure if there was a speed trap active, but a cruiser was definitely idling right outside a Starbucks.
Since I didn't spot the radar, is it actually possible they were just sitting there in the beer garden instead of running the speed trap?

This happened in some small town. If they actually had radar on site, would it even show up on the AAA website? It’s in the Chicago area, after all.

And if they had actually seen me? Would they have come charging after me right then and there to shut me down? Or would they have just noted my license plate and moved on?

Please help. I’m losing my mind here. If I get hit with a fine, I'm done.

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