Hello,

I have an Expedition, but I thought I would post this here since this is the most active post and since you L owners have probably done this more often than not (If I had an L, I know I would want to slow down either!).

A few nights ago I was driving down a street that I am not too familiar with. As I was coming to an intersection I didn't notice any stop sign so I did not slow down significantly. Then, low and behold, I see a stop sign at the very last minute as I am almost at the intersection. It was too late to apply my brakes, and thus, I slowed down a little to look both ways and continued through the intersection at a reduced speed. Then I see the red and blue lights flashing me down!! I pleaded with the officer but to no avail. He cited me and then tells me: "have a good night." YEAH RIGHT!!!
Well, I was thinking about challenging the ticket in court by taking pictures of the intersection. My argument would be that the STOP sign is not very noticeable and also, there are no lines drawn on the street to indicate that there is a stop sign. What do you guys think? Would this work? Is there a better argument that I could use that would stand better in court? PLEASE help me. Any suggestions would be greatly appreciated. Thanks

Robert

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[This message has been edited by drcarrillo (edited 04-14-2001).]

 

Do you know if there was a warning sign saying stop ahead it should have been about 100 feet before the stop sign if not take pics of everything both day and night time photos and plead your case and just maybe you can beat the system.

 

Thanks for the quick reply!!!

There was no warning sign to indicate that there was a stop sign.

 

I'd say you have a chance of winning, though a very small one. Traffic judges require overwhelming evidence to side against their buddies, whom they have to deal with almost daily. It can be done, but it's VERY difficult.

The previous poster had a good suggestion, which was to take pictures of the intersection and the stopsign. Here are some more suggestions:

1. Buy the book "Beat the Cops". It helps a lot.

2. Reschedule your court date as soon as you get the notice to appear in the mail. Doing this increases the chance that your officer won't appear - the easiest (and sometimes only) way to win.

3. Send a letter to the department that issued you the ticket, and keep a copy of your own. Ask for the specific location of the officer, so you can determine line of sight to the intersection. Not only will this info possibly help your case, but if you don't get the info in time for your court date, you have grounds to reschedule yet again. Show up with your letter in hand and look for your officer. If the officer isn't there, YOU WIN. If the officer is there, simply present your letter when your case is called and request a new trial date due to the department's lack of providing you with sufficient materials for your defense. The officer won't be happy about showing up for nothing, and possibly won't show up again the next time.

4. Scrutinize your ticket for errors. While an error may get your case dismissed, it's not guaranteed to. Doesn't hurt to try, though!


The whole reschedule + letter technique worked for me. My cop didn't show, and I had not received the info I needed anyway.

Best of luck!!! I have a ticket of my own, from Friday the 13th.

-Ollie


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"Our Lady of Blessed Acceleration, don't fail me now!!!"
-Elwood Blues

[This message has been edited by felonious (edited 04-14-2001).]

 

Thanks for the reply felonious!!

That was an excellent suggestion to send a letter and use it to your advantage. I am going to get right on it. I will also do the court date rescheduling. Again thanks for the info.

Any other suggestions out there???

 

At least the LAPD didn't pull a Rodney King on ya.
My .02 - Do the picture thing and find a friend that's a lawyer for free advice.

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I'm sure Dcarrilo, did no thing to deserve getting a "rODNeY kING " pulled on him! BTW king deserved every krack he cought and more!

Contesting this citation and getting it dismissed is plausable. Go for it!

J.

 

I'm not sure how CA does it, but in AZ, you can go to driving school for like $90, and insurance never finds out. I have been pulled over twice, well let me re-phrase, I have only been given tickets twice. The first time the guy gave me a double beating, went to school for one, faught the other and lost(cop lied in court, pissed me off). The second time I faught it and won. I think he had the wrong car with his gun and pulled me over. Both times times I rescheduled the court date and both times they showed. Here the cops give a date when they issue the ticket. My friend has gone to court many times and the cops never show. It sounds like you have a chance, but if you don't win, insurance will kill you.

[This message has been edited by HOSRACN (edited 04-15-2001).]

 

Yup, contest it. And do it with pictures. The cop's attitude is gonna be "Well the sign is there, whether you saw it or not." Another part of your defense should be that you slowed somewhat even though you didn't see a stop sign. Most wouldn't do that. The judge will view you as a safe driver. Maybe.

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[This message has been edited by Gitchi Manitou (edited 04-15-2001).]

 

Unfortunately, I can't go to driving school because about 2 years ago I got a speeding ticket. This pissed me off! I was driving in the morning and going down an decline and thus, I was increasing in speed even though I wasn't stepping on the gas. And with a vehicle the weight of an Expedition, the speed can increase fairly fast. So, right at the bottom of the decline, the cop caught me with his laser. I got ticketed for going 45mph in a 35mpg zone. Nonetheless, I was pissed. In California, you have to wait something like three years before you can get another moving violation and get it erased by going to traffic school. Thus, I would rather fight this one, since I think I have a legitimate explanation.

Thanks for the suggestions guys and keep them coming!

 

Hey Doc, good news! In CA, you only have to wait 18 months between traffic schools! Don't ask me how I know, but let's just say I'm usually very aware of the date.

The notice to appear that you get in the mail will explain your options, including your eligibility for traffic school.

-Ollie


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"Our Lady of Blessed Acceleration, don't fail me now!!!"
-Elwood Blues

 

Sweet!! If I can just take traffic school then I will do that. Thanks felonious and everyone else.

 

Dont know about CA but in MO if you cant see the sign a set distance away, you cant be held accountable for not seeing it. I know it works because trees cover up some signs back home and no one gets a ticket for them. A few trees have been trimed because so many people were getting away with missing signs.