Monday, December 21, 2009

My husband got stopped for ';rolling through a stop sign';. Any advise on contesting the ticket?

We are both sure he stopped at the stop sign! He is very very careful about those things. We have lived in the same small town for 8 years and he has never even been pulled over!My husband got stopped for ';rolling through a stop sign';. Any advise on contesting the ticket?
Depending where you are, the laws and courts vary dramatically.





Considering your husband has never even been pulled over in 8 years, you must decide whether(under your local laws and court system) is it worth the cost of the ticket to go to court and contesting it just to keep a clean driving record. Whether it never happened or whether it was a momentary lapse of judgment by your husband is likely to be irrelevant if you go to court.





If it was incorrect decision by the police officer, he definitely won't back down in court because he will lose credibility in future cases.





If your husband happened to accidentally or unknowingly broke a minor law, then what will he gain by going to court to contest the ticket?





Here's what...


A clean driving record IF he wins.(Who cares about his driving record if he never gets pulled over again for another 8 years)


Pay the original fine PLUS court and lawyer costs IF he loses.





Decide whats more important. If its proving you are right at any cost for pride then take it to court. If you want to get over the issue and move on with life then pay the fine and put it down to experience. Consider the time and money you will invest in the process including time off work to attend court and the personal humiliation in court if you lose the argument.(Which you probably will)





Unless you have been severely hard done by the law, pay the easy fine and get over it.My husband got stopped for ';rolling through a stop sign';. Any advise on contesting the ticket?
Someone said it's a case of ';he said, she said';. Well, that may be true but in all honesty, the officer that issued the ticket wouldn't likely show up for the hearing if you fought it. Speak with the ';Crown'; or ';Attorney'; and explain the case, you may be able to get out of it.





If you really feel that you would lose, plead guilty to a lesser charge or fine. If your husband has a good driving history, the judge would have no issue with that. Mistakes happen. They can erase points from your license, lessen the charge / fine, etc.





Hope that helps!
If he has the money, I would get an attorney to contest it as it will keep it off his record. I know 3 people this has happened to recently. Cities are doing these kinds of tickets in order to get more revenue in. My niece was one of these people. I think it is BS and should be illegal for police to ';crack down'; cause they need money. All it does is make them look like a bunch of greedy money grabbing untrustworthy as*es. They call it rolling stop if they don't see the car ';settle'; back before moving on.
just go to court. if there is the SLIGHTEST ERROR on the ticket, then say ';MOVE TO DISMISS';





I got a ticket for not having insurance last October. Meaning, 2008. But the cop accidentally put 2009 on the ticket. When the judge read that out loud in court, I was surprised. I hadn't really read the ticket all that carefully. But I watch a LOT of cop shows, lawyer shows and know that the slightest thing wrong and it's thrown out.





So I said ';move to dismiss'; and the judge DISMISSED THE ENTIRE TICKET. And I walked.
It is he said, she said. He will lose.
have him take the defensive driving test and get it over.

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