Should I take this citation to court?

[EricJ123]

I was given a citation(misdemeanor) for following too closely. The guy was going 20 or slower on a 30mph road for over half a mile(I can get the exact distance)

First off yea, I was following too closely by going the speed limit. I was honestly surprised the cop gave me a citation under the circumstances. The ticket is $140! Utah state law for driving too slow is

I. A person may not operate a motor vehicle at a speed so slow as to impede or block the normal and reasonable movement of traffic. '41-6-49(1)

This was on a one way lane.

It says nothing in specific. Do I have a shot in court or will it be a waste of my time? Thoughts? Prior experiences?

 

[knucklehed]

I was given a citation(misdemeanor) for following too closely. The guy was going 20 or slower on a 30mph road for over half a mile(I can get the exact distance)

First off yea, I was following too closely by going the speed limit. I was honestly surprised the cop gave me a citation under the circumstances. The ticket is $140! Utah state law for driving too slow is

I. A person may not operate a motor vehicle at a speed so slow as to impede or block the normal and reasonable movement of traffic. '41-6-49(1)

This was on a one way lane.

It says nothing in specific. Do I have a shot in court or will it be a waste of my time? Thoughts? Prior experiences?

absolutely go to court. There is always a chance to officer will not show and you get a dismissal automagically... Also I think you have a good arguement...
Have your day in court...

 

[EricJ123]

Another good example

41-6a-711. Following another vehicle -- Safe distance -- Exceptions.
(1) The operator of a vehicle:
(a) may not follow another vehicle more closely than is reasonable and prudent, having regard for the:
(i) speed of the vehicles;
(ii) traffic upon the highway; and
(iii) condition of the highway; and
(b) shall allow sufficient space in front of the vehicle to enable any other vehicle to enter and occupy the space.
(2) Subsection (1)(b) does not apply to funeral processions or to congested traffic conditions resulting in prevailing vehicle speeds of less than 35 miles per hour.

 

[EricJ123]

absolutely go to court. There is always a chance to officer will not show and you get a dismissal automagically... Also I think you have a good arguement...
Have your day in court...

Thanks for your input! I think I am going to take this to court. I keep find more and more evidence supporting me.

CV609 Minimum speed.

A driver may not drive at a speed so slow as to interfere with the normal and reasonable movement of traffic unless conditions or circumstances justify a reduced speed for safe operation.
References
Utah Code Section 41-6a-605.

 

[Kaladryn]

absolutely go to court. There is always a chance to officer will not show and you get a dismissal automagically... Also I think you have a good arguement...
Have your day in court...

The officer doesn't have to show up unless you plead innocent and set a real court date, you do not want to do this, you will end up paying the full fine cause he will show up.

Plead guilty and the judge will reduce your ticket in all likelihood, unless you act like a punk in court (about half of people do).

Tailgating someone is the same as pointing a loaded gun at someone, it's one of the most fucked up things you can do, the driver probably slowed down further because he saw it as a dangerous situation.

Tailgater's should have the shit beat of out of them IMO, but a ticket will do.

 

[EricJ123]

The officer doesn't have to show up unless you plead innocent and set a real court date, you do not want to do this, you will end up paying the full fine cause he will show up.

Plead guilty and the judge will reduce your ticket in all likelihood, unless you act like a punk in court (about half of people do).

Tailgating someone is the same as pointing a loaded gun at someone, it's one of the most fucked up things you can do, the driver probably slowed down further because he saw it as a dangerous situation.

Tailgater's should have the shit beat of out of them IMO, but a ticket will do.

Traveling at the rate of 29fps and pointing a gun at someone is different. I am not a speeder or a tailgater. Hell I drive under the speed limit many times, but if someone is behind me I respect the speed limit and expect the same from others if the conditions permit.

 

[Styles]

Funny story ...my sister got pulled over by tailgating a police officer to close.100 dollar fine.

 

[mace123]

The officer doesn't have to show up unless you plead innocent and set a real court date, you do not want to do this, you will end up paying the full fine cause he will show up.

Plead guilty and the judge will reduce your ticket in all likelihood, unless you act like a punk in court (about half of people do).

Tailgating someone is the same as pointing a loaded gun at someone, it's one of the most fucked up things you can do, the driver probably slowed down further because he saw it as a dangerous situation.

Tailgater's should have the shit beat of out of them IMO, but a ticket will do.

Terroble advice. Going 5mph under the speed limit is far different than me pointing a loaded gun in your face.

Take it to court, HE was the one slowing everything down, you should not be punished for simply trying to go the speed limit. Also the law clearly states that if under 35mph that ticket is void so why the hell anyone would want you to pay ANYTHING is beyond me. Not only would this cost you money for the ticket, it can raise your insurance and put points on your driving record. They will undoubtedly offer you a way around that by pleading guilty and taking a $200 class but that is ridiculous when you did not even break the law.

The prosecuters job is to make a deal, they get a conviction out of it so they can keep their percentage rates up, so they will try to scare you and tell you the cop is going to show, that they have seen cases like this and they never win and that you will have to pay court costs when you lose. Tell them they are crazy and you want a jury to be the judge of that because you did absolutely nothing wrong, then there are 3 possible scenarios:

1) A very likely scenario is that the prosecuter will change their mind and have it thrown out because they do not like cases going to court that they will likely lose, I have seen it happen plenty of times, right after they tell you how fucked you are if you take it to court. Shits shady as hell but you gotta play their game.

2) It goes to court and cop doesnt show. Win by default. Happens fairly regularly.

3) Goes to court and cop does show. You still win because you were innocent.

All three scenarios involve you paying NOTHING to the court and having no type of conviction whatsoever and this includes no contest and all that bs as well.

Do not let anyone scare you into paying for something that was not illegal or scare you into not using your 6th amendment rights.

The sad fact is that alot of places are hurting right now and tickets provide ALOT of supplemental income to the cities and states, do not let them force this ridiculous hidden tax on you.

 

[Performance Based]

Suprising how little people know about the legal system and law enforcement.

ALWAYS take it to court unless its a speeding ticket (something with documentation then just do deferred adjudication if you can).

I do not know you state statutes if you can request a trial by jury, some states do offer these for misdemeanor cases. Remember they have to prove you guilty beyond a reasonable doubt, you are NOT proving your innocence. This is a common misconception.

The officer WILL show up, remember OVERTIME people. I know several traffic cops (basic I write speeding tickets all day) that clear over 110K a year with a 60,000 a year salary because of OVERTIME with speeding/dui/etc.

Ask basic questions. How does he know your distance. What is his eye sight? Has he ever been reprimanded for making a mistake? Has he ever made a mistake when issuing a citation.


Your job like I said is NOT to prove innocence but to only put an inkling of doubt out there. Show up, dress nicely, act respectful to the judge and jury if you get one and you will have it dismissed.

 

[kscowboy]

You will loose if you go to court. You answered your own question and gave your own verdict:

First off yea, I was following too closely.

End of story. The rest is up to personal interpretation and the cop seen it his way.


My 2 cents

 

[EricJ123]

You will loose if you go to court. You answered your own question and gave your own verdict:

First off yea, I was following too closely.

End of story. The rest is up to personal interpretation and the cop seen it his way.


My 2 cents

Good point. I was following too closely according to utah state law. Which is two seconds. I would say I had a good second between us. We were raveling at approximately 29 feet per second. I have also posted exemption to this ticket. If it was a small fine hell I'd pay it but $140 on a 30mph road is ludicrous.

 

[kscowboy]

Yeah im sorry and it sucks but i would bet anything you will loose.

 

[Mr.Sinister]

Get a ticket lawyer

Give a ticket lawyer the ticket for $50-60...
Don't waste your time.
Never plead guilty...
Plead not guilty, if the cop shows up to the next date, plead no contest, not guilty!:banghead:

Lawyers have saved me about a grand and any points over the last 2 years...all for a total of $180 for all 3 cases!lol

 

[Mr.Sinister]

The great thing where I live, is the huge slashing in overtime and details departments are receiving, bringing the boys back down to Earth out here!lol
Too bad for them...

Suprising how little people know about the legal system and law enforcement.

ALWAYS take it to court unless its a speeding ticket (something with documentation then just do deferred adjudication if you can).

I do not know you state statutes if you can request a trial by jury, some states do offer these for misdemeanor cases. Remember they have to prove you guilty beyond a reasonable doubt, you are NOT proving your innocence. This is a common misconception.

The officer WILL show up, remember OVERTIME people. I know several traffic cops (basic I write speeding tickets all day) that clear over 110K a year with a 60,000 a year salary because of OVERTIME with speeding/dui/etc.

Ask basic questions. How does he know your distance. What is his eye sight? Has he ever been reprimanded for making a mistake? Has he ever made a mistake when issuing a citation.


Your job like I said is NOT to prove innocence but to only put an inkling of doubt out there. Show up, dress nicely, act respectful to the judge and jury if you get one and you will have it dismissed.

 

[warriordogx]

I would go to court. There is always a change the cop will not show or the judge will reduce it.

 

[EricJ123]

My court date is May 23rd at 10:00am. I'll let you guys know how it goes thank you for all your input.

 

[Philthy]

Yeah im sorry and it sucks but i would bet anything you will loose.

LOSE

 

[Philthy]

I say you fight it; you were traveling less than 25mph. How hard is it to stop at that speed if you needed to? He was obstructing traffic flow by going well below the posted speed limit.

One thing to keep in mind is the weather conditions.
Was it raining?
Was it foggy?
Was it snowing?

No, then why was he traveling so slow?
Had it been any of the above then you deserve a ticket; if not, fight it.

 

[knucklehed]

The officer doesn't have to show up unless you plead innocent and set a real court date, you do not want to do this, you will end up paying the full fine cause he will show up.

Plead guilty and the judge will reduce your ticket in all likelihood, unless you act like a punk in court (about half of people do).

Tailgating someone is the same as pointing a loaded gun at someone, it's one of the most fucked up things you can do, the driver probably slowed down further because he saw it as a dangerous situation.

Tailgater's should have the shit beat of out of them IMO, but a ticket will do.

On two seperate occasions I have had citations dismissed becausee the only witness (the copp) failed to appear and testify. Also the court costs are the same regardless and the choice or jury or judge is up to the defendant.

 

[mace123]

LOSE

quadruple like, that drove me crazy

And that is who the OP wants to take legal advice from?

OP I am starting to get confused, if that law is not in effect unless traveling over 35 mph and you were going 10 under that then how in the hell are you still contemplating what to do?

You pussys saying to take the charge for SOMETHING THAT IS NOT ILLEGAL, just b/c he would lose anyways are ridiculous.

Stand the hell up for yourself bro, I cannot even believe people are telling you to pay a ticket that was written for a law that does not apply since you were going substantially less than 35 mph.