Author |
Message |
Arnaldo Torres (Caribe)
Member Username: Caribe
Post Number: 385 Registered: 2-2001
| Posted on Thursday, August 15, 2002 - 2:41 pm: | |
One suggestion about Tickets and Insurance... if you don't have one already, get yourself a really old car which you can live with and insure it on the same policy with your Ferrari. You get a multiple car discount to begin with, in addition to other discounts you might be entitled, too. After a couple of tickets, I am still paying $517.00 (all figures are based on 6 mos. of coverage, unlimited mileage, unlimited use, although I haven't check track use, yet) for my 1990 TR for full coverage (all maximums), and my old Mercedes insurance cost has gone from $226.00 before tickets to $463.00 after tickets(liability and uninsured m. only). You MUST make sure the old car is considered the primary car, and the Ferrari (of course), the pleasure, or extra, car. The cost of insuring the TR has not changed at all, only the MBz insurance cost was affected. |
Carl Roberts (Carl63_99)
New member Username: Carl63_99
Post Number: 10 Registered: 10-2001
| Posted on Thursday, August 15, 2002 - 8:10 am: | |
Don't know if it works in New York, but in Texas the officer CANNOT change the ticket after he writes it to you. I had a friend who made a left turn one night, right in front of a cop. The ticket said "Failure to obey traffic sign; 'Right turn only'. The SIGN said "NO LEFT TURN". My friend noticed this, took pictures of the sign, and went to court. When the officer showed HIS copy of the ticket, he had scratched out the wrong text and written the correct one in. My friend told the judge that this cop doesn't even know what law he's enforcing, and the charges should be dropped. They were. Now, doesn't it stand to reason that if they say you did one thing wrong on the ticket, and another thing wrong later, that they are not enforcing the law correctly? This is almost saying that every time we renew our licenses that we should pick up a speeding ticket also, because we all break the limit at some time. |
Dr Tommy Cosgrove (Vwalfa4re)
Junior Member Username: Vwalfa4re
Post Number: 215 Registered: 5-2001
| Posted on Wednesday, August 14, 2002 - 8:44 pm: | |
If you go to court you should ask the cop why did he not just write the other charge to begin with? Sounds to me like he can't get his B.S. story straight. Traffic court sometimes isn't all that bad. Back in 88 I got pulled over by a real cop who wrote me up for exactly 25 over. I wasn't anywhere near 25 over and he knew it but that speed required an appearance in court. The judge saw that I had a good record and only fined me something like $30. I do not remember the exact totals with court costs but they where cheaper then if he would have written me up for my actual speed. I sent the cop a thank you letter explaining how much I appreciated his saving me money. I am sure it pissed him off. |
Christopher McCormick (92_348ts)
New member Username: 92_348ts
Post Number: 19 Registered: 6-2002
| Posted on Wednesday, August 14, 2002 - 8:05 pm: | |
It does sound like it was ammended to a lesser offense and a "fail to signal" citation should not carry any point penalty (unless your laws differ from ours-call your local DMV to verify). If you do contest the citation, Daren was right. It will be the PA that you want to address with your concerns prior to trial. Their case load is intense and they will try to plea bargain (including dismissals) every case they can to lighten the load on their office. Be polite, explain the incident, and let them know that you intend to contest the officer's decision but would rather not waste the court's valuable time. |
Kenny Herman (Kennyh)
Member Username: Kennyh
Post Number: 347 Registered: 8-2001
| Posted on Wednesday, August 14, 2002 - 6:09 pm: | |
The original ticket read "Unsafe Turning". I just got a notice in the mail, Charge Text: Fail to Signal Then it goes on to say "This notice supercedes all other notices". What the @(*#? |
Edward Gault (Irfgt)
Intermediate Member Username: Irfgt
Post Number: 1788 Registered: 2-2001
| Posted on Wednesday, August 14, 2002 - 6:06 pm: | |
They will then cite you for "Following too Close" |
Kenny Herman (Kennyh)
Member Username: Kennyh
Post Number: 346 Registered: 8-2001
| Posted on Wednesday, August 14, 2002 - 4:29 pm: | |
The car in front of me- as it made its turn - out of no where threw on his brakes, and I swerved out of the way so I didn't hit him in the rear... The cop did not see the other car hit his brakes apparently. |
Mark (Markg)
Junior Member Username: Markg
Post Number: 223 Registered: 2-2001
| Posted on Wednesday, August 14, 2002 - 3:53 pm: | |
"Fail to Signal" means that you made a turn or lane change without indicating your intent to do so. In most states failing to signal is a violation only if your turning affects another vehicle. Were you in a turn only lane (defense here is that anything BUT a turn would be illegal). Was the vehicle that slammed on it's brakes also turning with you or was it on-comming? If on-comming did your turn create a 'right-of-way' violation causing them to brake to avoid a collision with you? If so, plea bargin! If braking vehicle was turning with you and stoppped / braked suddenly without reason ('unsafe stopping') and you swerved to avoid a collision, then defense is 'necessity' (your sudden turn was 'necessary' to avoid a collision and reaction time factor negated ability to signal). |
Terry Springer (Tspringer)
Junior Member Username: Tspringer
Post Number: 217 Registered: 4-2002
| Posted on Wednesday, August 14, 2002 - 1:13 pm: | |
If you do decide to fight this, after you plead not guilty request the case be remanded to state court for jury trial. In GA, most traffic offenses are handled in traffic court with the judge making the guilty/not guilty decision. In such a traffic court usually if the cop says your guilty then you are. Period. You will have to make an amazing case and basically prove your innocence before the judge will overrule the cops word on the matter. If you want a trial where the state actually has to prove you guilty, then you must go to state court. They will get very pissed when you do this. However, your attorney will also have a good chance of getting the charges either dropped or reduced before any state court date comes up. I know some instances where the DA's office agreed to reduce the charges requiring a fine but no points be accrued against the drivers license and nothing being recorded that can cause an insurance increase. I have beat tickets in court on several occassions, but I have also learned that in some counties in GA traffic court is basically rigged. The judge is pissed because you did not plead guilty to start with and simply wants you out from in front of them as fast as possible. I had one case where I presented a very convincing arguement about how the cop had cited me for speeding without using radar, without properly timing me over distance and without proof that his speedometer had recently been calibrated. The cop admitted all of this under my questioning. He also admitted that his speedometer could be up to 10mph off due to tire pressures, temperature and other factors. When I had finished presenting this case, the Judge simply asked me if I was done. I said yes and he immediatly banged the gavel and said "Guilty, go pay your fine and stop wasting my time". He didnt even ask the Cop any questions. Basically, I was guilty because I was standing in front of him. True story, Fulton County Traffic Court, GA. If I get another ticket that can be fought there, its state court and a jury trial for me. |
Fred (Iluv4res)
New member Username: Iluv4res
Post Number: 32 Registered: 8-2002
| Posted on Wednesday, August 14, 2002 - 12:36 pm: | |
Several options: Here in Florida, there are numerous Attorneys who, for a fee of about $75 plus court costs, will guarantee to get you off of a ticket if you haven't had one in a while. I have the name & number of one if you're local. He's great. Other option...Go to court on the date printed on your ticket. At that first appearance, the judge will ask how you plead. You can plead guilty, not guilty or no contest. Obviously, you're not going to plead guilty. If you plead not guilty, a court date will be set. If the cop doesn't show up, you're automatically off the hook. Also, speak with an Attorney, if the charge is different than written on the ticket, this can be a technicality that can work in your favor. You could, at the first appearance, instead plead no contest and explain to the Judge what happened. You tried to avoid an accident while driving. You were also trying to minimize the type of accident by swerving. If the judge is reasonable, and you haven't had any tickets in a few years, he/she will usually withold adjudication of guilt (no points) if you pay court costs. Good luck. |
Ron Thomas (Ronsupercar)
Junior Member Username: Ronsupercar
Post Number: 241 Registered: 5-2002
| Posted on Wednesday, August 14, 2002 - 12:24 pm: | |
That wasn't even a real reason to give you a ticket..I think the officer just wanted to tell his buds that he gave a Ferrari a ticket... I feel any good judge (who is a F-car owner) will throw it out..... Good luck |
Daren L Adkins (Schumi)
New member Username: Schumi
Post Number: 42 Registered: 6-2002
| Posted on Wednesday, August 14, 2002 - 11:48 am: | |
Depending on where you live, I imagine a call to the Prosecuting Attorney's office or to the Clerk of the Court will keep you from having to physically go to Court - rather just pay it by mail. You do want to watch for points though - they catch up to you. But, if you do not feel you did anything wrong by all means put the State or City to the test and make them prove it. |
j scott leonard (Jscott)
Junior Member Username: Jscott
Post Number: 153 Registered: 1-2002
| Posted on Wednesday, August 14, 2002 - 11:48 am: | |
My son got a ticket in my 328 for waiting for me in a rental car area at the airport, while I returned a rental car. I wrote a letter to the court and included a check for the fine. I really think that the officer was just cocky about giving my son (22) a ticket. Just got the check back with a dismissal! Sometimes it works out. |
bruce wellington (Bws88tr)
Member Username: Bws88tr
Post Number: 708 Registered: 4-2002
| Posted on Wednesday, August 14, 2002 - 11:47 am: | |
james at 41, no points, no accidents, its pay to carry a gold family membership shield bruce |
James P. Smith (Tigermilk)
Junior Member Username: Tigermilk
Post Number: 93 Registered: 7-2001
| Posted on Wednesday, August 14, 2002 - 11:44 am: | |
Say you checked your side mirrors and instinctively swerved to avoid a rear end collision with the idiot in front of you. Apologize for not using the signal but say that you were too focused on avoiding an accident. Worth a shot. Last week I almost got a ticket. Instead I got a warning for going 40 in a 30. I apologized to the cop and told him that the speedo (was in the 308) is tough to read at times due to the small distance between tic marks and big needle. It worked. Got a warning, and at 33 I still haven't gotten a ticket. |
Jack (Gilles27)
Member Username: Gilles27
Post Number: 548 Registered: 3-2002
| Posted on Wednesday, August 14, 2002 - 11:40 am: | |
Tell the judge you signalled, but when you swerved it cancelled the signal. A pretty likely scenario. |
Warren L. (Warren)
Junior Member Username: Warren
Post Number: 55 Registered: 2-2002
| Posted on Wednesday, August 14, 2002 - 11:10 am: | |
Sounds like a lesser offense to me. I say just plea bargain for no points and just pay the damn ticket. That way you get out of the court faster and everyone is happy. Are you from the east coast? |
Kenny Herman (Kennyh)
Member Username: Kennyh
Post Number: 344 Registered: 8-2001
| Posted on Wednesday, August 14, 2002 - 11:08 am: | |
Alright, got my first ticket. No it wasn't speeding or going through a red, I got a ticket for "Unsafe Turning". I was making a left at an intersection and the car in front of me jammed on his brakes, so I swerved out of his way to not hit him, the cop pulled me over when he saw me swerve (he didn't see the car brake). I was schedualed to go to court tomarrow to fight this ticket, and I got a letter today saying that I had a different charge then what was on my ticket- now just "Fail to Signal". What does this mean? Have they reduced the charge against me? Anyone? Thanks. |