Should I take this citation to court?

[mace123]

If you were a passenger in a car and had no license would you simply pay a driving without a license ticket?

What about sitting in the back seat of a cab after having a few too many?

There are stipulations to how these laws work that are designed to keep shit like this from happening.

Unfortunately cops often just write as many tickets as possible without using common sense and because so many people, like many in this thread, will pay it and not say shit.

 

[GS]

I would consider how your record is now.
If you think your not guilty then you have the right to go to court.

 

[RV63T]

if your in a big metropolitan area just pay a attorney 75 bucks he will show up on your behalf untill the appeal process has run out in which you will prob, go to court in about 9 months were 99.9% of the time the cops do not show. (desmissed) they may make the first showing were you will be found guilty. then the attorney post a attorney bond apealing it were the cops never show for a traffic citation. i have never lost like this in texas anyway. plus you dont have to deal with it for months.

now you can do this you self but it will require a few days of work missed and your bond will be the amount of the fine not an attorney bond. plus you wont get the same amount of time between your first vedict and the county court date. the attorney can show to a few court dates and just say hes not prepared but the judge wont give you the same options.

 

[LPD1442]

First off it is never a bad idea to go to court. You may be able to speak to the prosecutor and get a reduced fine since most court systems are over crowded and they want to dispose of cases as fast as possible without a trial.

That being said, if the officer is there and the prosecutor does not offer a reduced fine I believe you would be found guilty. The thing people fail to realize is the term SPEED LIMIT means just that. This is the fastest you can drive legally. Just because the speed limit is 30 does not mean you are forced to drive that fast. The minimal speed statute you posted would not apply to your situation since the other driver was driving approx 20mph which would not constitute impeding traffic.
The exception to the statute you posted does not apply in your case unless you were in stop and go downtown type traffic which is what the term congested would mean . I don't know is your neck of the woods offers Stop class or other similar defensive driving class that would erase the ticket from your record. In any case good luck and remember police officers are not as a whole there to pick on people they are doing a job and part of that job is to enforce traffic law.

 

[mace123]

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.

So far I think I am the only person that has taken the time to read this thread, in its entirety, specifically this post, before throwing my legal advice in the ring.

Anyone that says you should just take the ticket either has money to blow and just doesnt want to waist the time with court OR they are simply pathetic human beings willing to take punishment for a law they did not break.

Anyways, I have mentioned this post a few times, please read it before you decide to tell the OP he will lose. Have any of you ever even argued a traffic ticket? If you are persistent you will typically win one way or another.

 

[EricJ123]

Update

Went to court plead not guilty and they rescheduled me for another date wtf?!? They just try to make this a pain in the ass.

 

[cm]

just remember, even if you get it waived, and the points come off, your insurance provider will still see this incident, no matter what. it won't be points, but as soon as that officer wrote that ticket, it will show up in the computer on your renewal, and whether your rate will increase is out of your hands
good luck with the court system anyways
-c

 

[mace123]

Update

Went to court plead not guilty and they rescheduled me for another date wtf?!? They just try to make this a pain in the ass.

Ya they like to take their sweet ass time with it. I have one waiting to go to court right now, called in and asked why I still have not recieved any info in the mail and was told it could take up to a year for them to schedule a new court date.

just remember, even if you get it waived, and the points come off, your insurance provider will still see this incident, no matter what. it won't be points, but as soon as that officer wrote that ticket, it will show up in the computer on your renewal, and whether your rate will increase is out of your hands
good luck with the court system anyways
-c

No offense but you make absolutely no sense whatsoever.

You are trying to say that an insurance company will increase your premiums for something a judge or jury finds you innocent of? You're out of your mind.

 

[QuietStorm]

No offense but you make absolutely no sense whatsoever.

You are trying to say that an insurance company will increase your premiums for something a judge or jury finds you innocent of? You're out of your mind.

then you are clueless as to how insurance companies work. his premiums COULD go up simply because he got a ticket. they dont know he is fighting it.. they only know he got it. if they do increase his premiums, he can request a refund of the increased amount AFTER he wins his day in court...but yes, his premiums can go up. just because you know how to fight a traffic ticket doesnt make you an expert at everything.

and to the OP.. just because the speed LIMIT is 30 mph does not mean you MUST drive 30mph... interferring with the flow of traffice will not be a valid argument in a residencial zone.. just sayin. that law is meant for highway speeds and high speed roads where the speed limit is 45mph or more... no judge in his right mind is going to say 20mph in a residence area is going too slow. but good luck just the same, you should always go to court if you feel you are wrongfully ticketed.
keep us posted.

 

[pimpman]

u guys crack me up with the cop wont show up deal.lisen the cop will show up you r not the only one he is there for.they schedule ur court day and a few other people that have been sighted by the same officer so that way his day in court is worth his time there.if not stay around after ur done and see how many other people he fights in court that day.i have a lot of friend in law inforcement trust me on this one.number two the judge will tell u no matter if he was driving 2mile an hour that still doesnt give u the right to tail gate.remember for every 10 mile the car if front of u is driving u need to keep a car distance so if he is doing 30 u need to have 3 car distance from him.i know no one follows that rule or law but when u r in front of a judge he will imply it.worse part they hit u with the fine and court charge.ur best bet is to give it to a traffic lawyer and u pay less and get no points.good luck bro tickets suck they follow me eveywhere lol

 

[inacloudofchalk]

Well Im glad to hear that you did get a citation for following too closely. Like the other member said, tailgating someone is like pointing a loaded gun at somebody. I personally hate when drivers think they can tailgate me. Personally, I'd never let anyone tailgate me as soon as I see it coming I brake check them and am ready for war so I'm very glad to hear this. Thanks.

 

[maldorf]

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.

Well, I have contested and plead not guilty to two speeding tickets and both time the cop didnt show up. I got off on both counts. The day I was there, 4 other guys did the same thing and their cops did not show either. THe one time the judge gave me some lame excuse that the officer had family obligations and could not make it. No fine, no $ out of pocket, and now pts on liscence so insurance never found out of either of them.
I would plead not guilty, especially if it was a highway patrolman. If it was a sheriffs officer or local cop then they probably will show up. Im not sure how good a case you have about the going too slow. Two wrongs dont make a right. You were following too close, reguardless of how slow he was going. I would say youd lose the case if the cop shows up.

 

[maldorf]

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.

Man, you got off easy! I had a $850 speeding ticket 2 years ago when going through Georgia. they love to hit you hard in that state i guess.

 

[maldorf]

Update

Went to court plead not guilty and they rescheduled me for another date wtf?!? They just try to make this a pain in the ass.

Yeah, now you have to hope that the cop does not show up for that date. Ive been told you can ask for a jury too if you want one. Im not sure what is involved in that but most states grant that but only if you request it.

 

[maldorf]

just remember, even if you get it waived, and the points come off, your insurance provider will still see this incident, no matter what. it won't be points, but as soon as that officer wrote that ticket, it will show up in the computer on your renewal, and whether your rate will increase is out of your hands
good luck with the court system anyways
-c

I asked my judge about if insurance would see it and he told me no. He said it would be as if it never happened. Maybe some states are different?

 

[maldorf]

u guys crack me up with the cop wont show up deal.lisen the cop will show up you r not the only one he is there for.they schedule ur court day and a few other people that have been sighted by the same officer so that way his day in court is worth his time there.if not stay around after ur done and see how many other people he fights in court that day.i have a lot of friend in law inforcement trust me on this one.number two the judge will tell u no matter if he was driving 2mile an hour that still doesnt give u the right to tail gate.remember for every 10 mile the car if front of u is driving u need to keep a car distance so if he is doing 30 u need to have 3 car distance from him.i know no one follows that rule or law but when u r in front of a judge he will imply it.worse part they hit u with the fine and court charge.ur best bet is to give it to a traffic lawyer and u pay less and get no points.good luck bro tickets suck they follow me eveywhere lol

I guess I just got lucky both times I plead not guilty? The second time I did I noticed 4 other guys just like me that got off because their officer did not show either. I asked the one guy how many times he had done this and he told me he had gotten off 5 tickets that was so far. Sounds like just the opposite to me. Seems like if its highway patrol you have a better chance of them not showing.