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Traffic violation procedures

Started by restlessdriver87 · · 👁 40 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
wiredotter12 wiredotter12 Member
30 messages
joined Nov 2011
#1281 ·
I need some advice...
I have a court date coming up regarding a collision involving a violation of the Highway Traffic Safety Act. I was driving in the left lane and failed to maintain a safe following distance, causing my front end to hit the rear of a Jeep. During the incident, the driver in the Jeep slammed on the brakes without using their hazard lights; honestly, it looked like they just shut the engine off. No one was hurt since I was only going about 19 miles mph and braked hard. My car took a decent hit to the spare tire area, while their Jeep didn't have a scratch on it.

Is there any way I can argue that the female driver failed to signal her sudden deceleration with hazards? 😕
The law states the following:
17. FOLLOWING DISTANCE
Section 109.
(1) A driver is required to maintain a safe following distance when traveling behind another vehicle to ensure traffic safety is not compromised.
(2) A fine of $167 will be imposed on any driver who fails to maintain the necessary following distance.
🙏
fadedgull54 fadedgull54 Newcomer
2 messages
joined Nov 2008
#1282 ·
I need help, fast. Two plainclothes cops just showed up at my door in Chicago—they didn't even introduce themselves properly; one guy just flashed a badge from the hallway and moved quick, and they didn't even show the kid an ID. They took him straight from his residence here to a holding cell in Springfield just so he could make a court appearance in the morning. Their excuse? He failed to respond to a summons. Problem is, we never received any notice (not at the office or at home); the only thing we ever got was an initial notice from FedEx that we missed because of work, and then nothing else. My question is: how on earth could they know where or when he was supposed to show up if no one notified us? And more importantly, how do we fix this mess right now?
analogmarlin35 analogmarlin35 Newcomer
1 message
joined Nov 2008
#1283 ·
fadedgull54 said:I need help, fast. Two plainclothes cops just showed up at my door in Chicago—they didn't even introduce themselves properly; one guy just flashed a badge from the hallway and moved quick, and they didn't even show the kid an ID. They took him straight from his residence here to a holding cell in Springfield just so he could make a court appearance in the morning. Their excuse? He failed to respond to a summons. Problem is, we never received any notice (not at the office or at home); the only thing we ever got was an initial notice from FedEx that we missed because of work, and then nothing else. My question is: how on earth could they know where or when he was supposed to show up if no one notified us? And more importantly, how do we fix this mess right now?

hmm, I went through something similar once. They came looking for me too, but luckily I wasn't home—I was pregnant, so my dad ended up dealing with the cops instead. We got lucky because the officers were pretty chill; they actually suggested a specific judge I should call, and I managed to work things out with her to reschedule. I sent the judge a doctor's note, and the next official notice didn't show up until six months later.
Michael Moore Michael Moore Newcomer
5 messages
joined Nov 2008
#1284 ·
@ Lawrence Wood56 - I have one more question for you.
Is there actually a maximum deadline by which the Supreme Court is required to deliver its ruling?
I received my decision from the District Court nearly six months after the Supreme Court had already reached its verdict. Surely, that isn't an excessively long wait, is it?
Donna Hill8 Donna Hill8 Member
16 messages
joined Jul 2008
#1285 ·
How long can a single court case actually drag on? I mean, specifically a lawsuit—this one has been crawling through the system for over ten years now.
When do they finally think it's over? Seriously, how much longer can they just keep stalling like this?
fadedgull54 fadedgull54 Newcomer
2 messages
joined Nov 2008
#1286 ·
analogmarlin35 said:hmm, I went through something similar once. They came looking for me too, but luckily I wasn't home—I was pregnant, so my dad ended up dealing with the cops instead. We got lucky because the officers were pretty chill; they actually suggested a specific judge I should call, and I managed to work things out with her to reschedule. I sent the judge a doctor's note, and the next official notice didn't show up until six months later.

Those guys were alright, but they were under orders to bring me in "no matter what." Even when I went down to the courthouse to update my address in case they needed to find me again, I mentioned the stuff regarding City Express, and the judge told them to just send over a formal request. Well, nothing happened... and now that exact same judge has ordered it anyway.
James Campbell2 James Campbell2 Newcomer
5 messages
joined Nov 2007
#1287 ·
Since my thread got locked, I’ll just ask here:
Hey.
So, I’ve got a question. My girlfriend's car got towed today over on JFK Street because apparently she was parked on a grassy area (the officer claimed two wheels were touching the grass while the rest was on the sidewalk—can't really fight that part, right?). But when she went to pick up the car from the impound lot, she got slapped with a bill for $167 for the towing "services," plus a $233 fine for parking on the grass (on top of $33 in extra fees). To make matters worse, they didn't show her any photo evidence. Since she doesn't know the drill or what their actual obligations are, she just signed the ticket thinking she had to, especially since she needed the car immediately. When she later asked to see the photo, the official basically told her "No!" and sent her on her way. Is there any ground for an appeal based on them withholding proof? And can we even do anything now that she already signed the citation? (Like I said, she didn't realize you shouldn't sign if they won't show you a photo or if you disagree with the charge). Looking for some quick advice, thanks.
Benjamin Wilson7 Benjamin Wilson7 Member
15 messages
joined Oct 2008
#1288 ·
Michael Reed12 said:I didn't show the cops my ID (told them I didn't have it) when they pulled me over, but two buddies of mine confirmed it was me, and the officers took down their info from their driver's licenses.
What if those two were wasted drunk and can't remember a thing? Does testimony given while someone is hammered actually hold up in court? Like, could I argue in front of a judge that it wasn't me because the people who identified me were too intoxicated to be reliable witnesses? Can I just ask for the charge to be dropped based on that?

In a word? You're screwed. Totally. You can't really claim it wasn't you when your own friends verified your identity and the officer recorded their details. Police reports carry massive weight in court. You should be pretty certain the judge is going to trust the official police report over the word of your friends—especially since lying under oath is a one-way ticket to much bigger trouble.
Michael Reed12 said:Here's another scenario: a cop pulls me over on a street that's normally one-way, but at the exact moment he stops me, someone has ripped out the sign, so there was no sign visible. So, how can I "not know" it's a one-way street if the sign simply wasn't there?

You’ll have to prove that the sign was actually missing that day. If it really wasn't there like you say, but the officer sees it standing there now, there will be a paper trail. There’s usually a work order or a maintenance log for installing or repairing signs. They can easily check if there was a specific window of time where that sign was missing. And honestly, if there's no record of any recent roadwork, it's going to look like nobody ever touched that sign.

Both of these excuses are so thin that even a con artist in the US wouldn't try to sell them, let alone a judge.
Michael Reed12 Michael Reed12 Newcomer
2 messages
joined Nov 2008
#1289 ·
There’s still no sign of it over there today... Anyway, the whole issue is about this specific violation. I actually had my appeal rejected because I was just one day late. Can you believe that?

I can still take this to the Supreme Court if I want to. What should I even write to get them to actually listen to me? Should I tell them I was away in Washington, D.C. for eight days and couldn't have sent it any sooner? Like, say I traveled out on the day of the violation and only flew back the same day I filed the appeal? Do you think that would actually fly?
Benjamin Wilson7 Benjamin Wilson7 Member
15 messages
joined Oct 2008
#1290 ·
So, you've basically got nothing left to do but give it a shot. It might actually work! Just maybe throw in something really heavy—something that explains why you were stuck away from home for eight whole days. Having some kind of proof or documentation to back that up would definitely help your case.
frozensurfer8 frozensurfer8 Newcomer
7 messages
joined Feb 2008
#1291 ·
So, I just got caught running a red on the bypass near Plate because of those bridge construction zones. There was this massive semi-truck right in front of me that also blew through the red light. The stretch between the two signals is about 1.5-1.2 miles miles long and goes right through a residential area. There aren't even any "no stopping" or parking signs posted anywhere. Here’s my issue: the cop car wasn't even behind me; they were parked somewhere in the middle of that stretch. How on earth can they claim they "personally observed" me blowing a red? Will the Supreme Court actually listen to my argument that I entered on green, but then had to pull over into the first available spot within that zone to take a quick phone call? Since I had already passed the light, I couldn't see what color it was anymore, but since that truck ahead of me was moving in the same direction, I figured it had to be green. About 500m after following that truck, the cops suddenly pop up out of nowhere and pull both of us over to write us tickets (I've got two witnesses who can back me up on this). What are the odds the court tosses this, considering the cops parked in the middle of that block can't possibly know which light was active at the entrance or exit 😕
...
Rachel Turner10 Rachel Turner10 Newcomer
4 messages
joined Apr 2009
#1292 ·
I’ve been scouring this forum for ages, but I just can’t seem to track down a thread that specifically tackles this new legislation, so I would be absolutely thrilled if someone could point me in the right direction or offer some seasoned advice!

So, here’s the situation: about three months ago, under these updated laws, I was slapped with a nine-month driver's license suspension.
Honestly, I didn't put up a fight; I just signed the paperwork, handed my license over to the police, and stayed off the road. This was actually my very first offense in my entire life. I'm only 25, so until this moment, I’ve always considered myself a model citizen when it comes to following the rules of the road. But then, yesterday, I overslept for work and made the fateful decision to drive—and, wouldn't you know it, I decided to take the bypass route because I figured there wouldn't be any cops out there!
I pulled into a gas station to grab a soda, and lo and behold, the police were right there waiting... 😕
And of course, it was the usual routine—all the "blah blah blah" about how my blood alcohol and drug tests came back at a perfect zero, which was totally accurate, but they still have to follow the protocol. They told me that I’ll have to appear before a judge to explain exactly why I was behind the wheel in the first place.

If anyone happens to know the best way to navigate a mess like this, I would be incredibly grateful for your wisdom!
Or, if you happen to know a stellar attorney who specializes in these types of cases, please do let me know!
Taylor Ross7 Taylor Ross7 Newcomer
1 message
joined Dec 2008
#1293 ·
Hey everyone.
Last Sunday, I was driving from Carmel-by-the-Sea toward Washington, D.C. Just before hitting the Appalachian Mountains, I got pulled over. It was a routine stop—one young officer in uniform and a detective in plain clothes. Everything seemed fine until I handed over my docs. Suddenly, the detective decides to play cowboy. "Oh, look who it is again," he says. "Thought you'd forgotten about us." Real charming. Then he starts grilling me about what's in the back seat. Apparently, since my dad is a beekeeper, he assumed I was hauling honey. I had a 10kg box of honey for my family in Washington, D.C., and this guy starts demanding "honey permits." I told him how ridiculous that was and asked where this behavior was headed. The detective actually ORDERED me to kill the engine and step out of the car. So, I did. It was raining, freezing cold, and I was dealing with inflamed gums and popping antibiotics. I asked if I could just wait in the car while they figured things out. He tells me, "YOU COULD BE ATTEMPTING TO FLEE." When I asked to sit in their cruiser instead, he just laughs in my face. Basically, he was trying to bait me into a fight so he could justify using force. I stood there in the rain for exactly one hour—from 5:00 PM to 6:00 PM—until a patrol unit arrived from Savannah. The detective cheerfully announces: YOU ARE UNDER ARREST ON REASONABLE SUSPICION OF POSSESSING WEAPONS AND EXPLOSIVES!!!!!!!!!!!!!!! ...then tells me to spread my legs and lean against their car. What a total joke. After checking my vitals and searching my phone, the arriving officers took me down to the station in Savannah. At least those guys were decent.
I waited in Savannah until 9:00 PM for a search warrant to arrive. Then, the same crew drives me back to the tunnel where, at 9:30 PM, the "top-tier professional police search" of my vehicle begins. The farce ends at 10:00 PM. I sign the report and am once again a FREE citizen of the USA.
The officers in Savannah mentioned I could file a FORMAL COMPLAINT if I wasn't happy with how they handled things.

I can't wrap my head around how a search warrant can be issued on a Sunday night. I have never touched a weapon or explosives in my life, nor do I have a criminal record.

Has anyone else dealt with something like this? Any advice?
I intend to file a FORMAL COMPLAINT against them. I'm sure the response will be: "Officers did not exceed their authority," so I’m thinking about suing next.
I'd like to hear from YOU too.
Rachel Turner10 Rachel Turner10 Newcomer
4 messages
joined Apr 2009
#1294 ·
I should probably mention that back when the police pulled me over—and they went through my entire car looking for drugs or something along those lines, I suppose... I'm still not entirely sure what they were hunting for!—they didn't give me any kind of official documentation at all; I mean, not even a simple receipt or a slip of paper, though they did tell me quite clearly that I’d be heading straight to municipal court!🤷
Rachel Turner10 Rachel Turner10 Newcomer
4 messages
joined Apr 2009
#1295 ·
Look, I’m fully aware there’s no sense in complaining about missing my chance; I blew it, plain and simple, and honestly, I deserve the wake-up call. But if I’m being totally honest, I’ve got this nagging anxiety that they might extend my driving ban even further. It’s just... I really rely on my car, you know? Especially since the buses and the subway lines around here have been such a mess lately, and trying to get everywhere without my own wheels for the next three months sounds like a total nightmare...😠😠
Kevin Chase4 Kevin Chase4 Newcomer
2 messages
joined Apr 2008
#1296 ·
Hey there, I was hoping someone might be able to shed some light on a situation for me. Basically, I was clocked going 11 miles/h over the limit while driving outside of town limits, so I contested the ticket. I had my day in court yesterday, but the judge started rambling about things that just didn't sit right with me, and I honestly can't agree with her reasoning at all. To make matters worse, she handed down the verdict immediately, shoved the payment slips in my face, and claimed there's absolutely no right to appeal this decision.
So, here’s what I’m wondering: isn't it my constitutional right to appeal to a higher authority—specifically the Supreme Court—if I disagree? Because if that's not the case, then what is the point of having those higher courts in the first place? Look, I really don't agree with how she handled things, and I have no intention of paying this fine since I'm just a student with zero income, so they can't exactly force it out of me anyway. But more importantly, I want to challenge the ruling because the way she acted was completely unfair and, frankly, pretty arrogant. If anyone actually knows why an appeal would be denied in a case like this, please let me know.🙂
Ronald Stewart2 Ronald Stewart2 Newcomer
1 message
joined Dec 2008
#1297 ·
I am reaching out to see if anyone here can offer some guidance.
I am looking for advice on the appropriate channels to file a formal complaint regarding my profound dissatisfaction with a legal proceeding that has been dragging on for twenty-five years.
For context, I am based in Memphis. Thank you in advance for any assistance you can provide.
Sam Wilson Sam Wilson Newcomer
1 message
joined Dec 2008
#1298 ·
Hey everyone, I was hoping someone could point me in the right direction here because I’m feeling a bit stuck. So, I got a notice from the police yesterday saying I have eight days to identify who was behind the wheel on a specific date—and yeah, it was me. I got caught speeding by one of those automated cameras, and now they're looking to slap me with a fine. To be honest, I don't know my exact speed, but I know it was definitely over 47 miles mph in a zone where the limit is only 31 miles mph.

What I'm really wondering is, do I actually have any grounds to file an appeal or some kind of formal protest once the actual ticket arrives? I’ve never had to write anything like this before, so I’m totally lost on how to structure it, or if anyone could maybe drop a link to a template or an example online. I was thinking about trying to play the "good kid" card in my appeal—you know, mentioning that I’ve never had a ticket in my life, that I’m just a regular college student, and that I basically have zero income or any money coming in. Is that even allowed? Like, can I actually use my financial situation or my clean record as part of a legal argument when I'm contesting the fine?

Thanks a million in advance for the help!
Laura Evans3 Laura Evans3 Member
47 messages
joined Dec 2008
#1299 ·
I’m looking for some advice regarding a parking ticket I just received. I paid for my spot via text message, but I made a typo—instead of the last letter of my license plate, I accidentally hit a number. So, instead of something like ABC1234K, it went through as ABC12345. I ended up getting a citation. Is there any way I can take my sent text message (the one with the confirmation code) to an appeals office or show it to the city to get this dismissed, or am I stuck paying it?

Thanks.
John Flores11 John Flores11 Newcomer
1 message
joined Dec 2008
#1300 ·
Does anyone know where I could find info on the first major lawsuit where citizens actually took the government to court? Like, something similar to when those folks in a small town sued their local municipality over a refinery issue or something like that.

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