R | C
12-21-2006, 02:39 PM
So I went to court today and I escaped a traffic citation ... without even putting up a fight - the cop didn't show up to testify against me (get outta jail free). Oddly though, I was actually looking forward to the trial 'cause I had prepared for it ... big time. But oh well, no show ftw. I might as well post the strategies I had intended to use - might be useful for you guys some day.
Background Info:
I'm in California, Los Angeles area. I was driving to work one day. I passed an intersection in an asian community ... every restaurant there was practically rice and noodles. The intersection had no stop sign or signal, just a plain ped xing line. There were 3 lanes. A car was making a left turn while I drove by. I passed the intersection. There was a white chick barely crossing the street on the other side. I didn't see her because of the left turning car, but I saw where she was after I passed that car. Out of the corner, a cop shoots out to pull me over. I'm thinking ... Sh%T !!! No F%$cking way! She barely even stepped out on to the street! And she was pretty far. As the cop is writing the ticket (failure to yield to pedestrian, infraction) a second cop appears out of nowhere to pull over another car for the same thing. Now I'm thinking that I totally fell for the bait. I get my ticket and as I drive off, a third cop pulls over another person !! I glance at my rear view and see more white people crossing the street! Now, when I say asian community ... I MEAN HELLA ASIAN !!! Look up Monterey Park.
I had no previous ticket before so traffic school was pretty much guaranteed if I wanted to settle. But considering the BAIT situation, I had to salvage some leftover dignity: Ima gonna fight it!
STRATEGY # 1: CHECK YOUR TICKET FOR ERRORS
A friend of mine told me how her coworker escaped a mess load of tickets due to errors on her ticket. E.g., her last name is Rose, but the cop wrote Roses. She fought it in court and won easily. Her defense is that Roses is not her therefore not guilty. Another easy win example is the color of your vehicle. Hopefully you'll get a color blind cop who writes the wrong color of your vehicle. Your defense would then be that it's not your vehicle (supplement with a picture of your car). In my case, the cop wrote the wrong city. I was in City A but the cop wrote City B. So I printed out 3 different sources of maps proving that I was in City A (supplemented with photos of the intersection with street signs). Always look for errors, that's the first step of the fight.
STRATEGY #2: SETTING THE DATE OF YOUR TRIAL/ARRAIGNMENT
When you pay for your bail (fine), you get to chose some dates for your trial. I got the ticket in November. When I paid for it, I picked the date closest to a major holiday weekend (12/21). I was hoping that the cop was on vacation, feeling generous, or just lazy/tired from holiday shopping/planning. It worked for me, but others in court today were not so lucky. Doesn't always work, but it does up your chances. Goddamn bail was $150.00.
STRATEGY #3: USE PHOTOGRAPHS OR VISUAL AID(s)
I took pictures of the intersection that shows what the street looked like. I also took it at the same time of day the ticket was given. I also included the street signs. I xeroxed maps showing I was in City A. Gathering materials help build your case ... or at least gives the illusion of it.
STRATEGY #4: DRESS AND SPEAK PROFESSIONALLY
Also helps build your case and makes your evidence appear more respectable.
STRATEGY #5: SHOW RESPECT AND LISTEN CAREFULLY
People in court have zero patience and zero tolerance. Try getting on their good side by paying attention to what they say and follow their instructions promptly. Respond loudly and promptly too. Also say please, thank you, sir, miss, your honor. This'll help big time if you lose the case and want to request traffic school. The judge has absolute power on whether you are allowed traffic school or not. Get on his/her good side asap!
STRATEGY #6: PRESENT YOUR FACTS (EVIDENCE), NOT OPINIONS
When presenting your material, present them as a matter of facts. Build your case that way instead of opinions of persuasion. The goal is the present the facts in a way that will lead the judge/jury to derive at the conclusion you aimed for.
STRATEGY #7: USE YOUR THE COP AGAINST HIMSELF AS YOUR WITNESS
This part is tricky but it is very useful. In my case, I was planning on having the cop verify my photos of City A. I wanted him to look at the street signs (which I purposely photographed from a distance), and verify that we were there. Then after he says yes. I would present a second set of photos that shows in more detail that the name of City A was written underneath the street name. Then I would present the maps. Then I would say that the witness has confirmed I was in City A, but the citation is for City B. Therefore, since I am under oath, I must plead not guilty to these charges. Although the judge can have the citation changed ... they usually don't from what I hear. citation errors are usually free wins. and even if i lost, i would most likely get traffic school since it was my first offense. so it practically was win/win in terms of no insurance increase (as long as i stay on the judge's good side).
STRATEGY #8: PAY THE BAIL (FINE) WITHOUT THE TRAFFIC SCHOOL
If you plan on fighting the case, don't pay for traffic school. Or don't request it during your trial. Do it all after you'll get plenty of chances to beg for it. If you jump the gun, you already look/admit guilty.
STRATEGY #9: GO EARLY !
Or they get pissed and you pay more money (if you're late).
Damn ... I didn't plan to write this much! Sorry for the long post, but I hope some of this information helps you guys out sometime.
Post your strategies / stories if you got 'em.
Now ... time for me to get back to FF12. =)
Background Info:
I'm in California, Los Angeles area. I was driving to work one day. I passed an intersection in an asian community ... every restaurant there was practically rice and noodles. The intersection had no stop sign or signal, just a plain ped xing line. There were 3 lanes. A car was making a left turn while I drove by. I passed the intersection. There was a white chick barely crossing the street on the other side. I didn't see her because of the left turning car, but I saw where she was after I passed that car. Out of the corner, a cop shoots out to pull me over. I'm thinking ... Sh%T !!! No F%$cking way! She barely even stepped out on to the street! And she was pretty far. As the cop is writing the ticket (failure to yield to pedestrian, infraction) a second cop appears out of nowhere to pull over another car for the same thing. Now I'm thinking that I totally fell for the bait. I get my ticket and as I drive off, a third cop pulls over another person !! I glance at my rear view and see more white people crossing the street! Now, when I say asian community ... I MEAN HELLA ASIAN !!! Look up Monterey Park.
I had no previous ticket before so traffic school was pretty much guaranteed if I wanted to settle. But considering the BAIT situation, I had to salvage some leftover dignity: Ima gonna fight it!
STRATEGY # 1: CHECK YOUR TICKET FOR ERRORS
A friend of mine told me how her coworker escaped a mess load of tickets due to errors on her ticket. E.g., her last name is Rose, but the cop wrote Roses. She fought it in court and won easily. Her defense is that Roses is not her therefore not guilty. Another easy win example is the color of your vehicle. Hopefully you'll get a color blind cop who writes the wrong color of your vehicle. Your defense would then be that it's not your vehicle (supplement with a picture of your car). In my case, the cop wrote the wrong city. I was in City A but the cop wrote City B. So I printed out 3 different sources of maps proving that I was in City A (supplemented with photos of the intersection with street signs). Always look for errors, that's the first step of the fight.
STRATEGY #2: SETTING THE DATE OF YOUR TRIAL/ARRAIGNMENT
When you pay for your bail (fine), you get to chose some dates for your trial. I got the ticket in November. When I paid for it, I picked the date closest to a major holiday weekend (12/21). I was hoping that the cop was on vacation, feeling generous, or just lazy/tired from holiday shopping/planning. It worked for me, but others in court today were not so lucky. Doesn't always work, but it does up your chances. Goddamn bail was $150.00.
STRATEGY #3: USE PHOTOGRAPHS OR VISUAL AID(s)
I took pictures of the intersection that shows what the street looked like. I also took it at the same time of day the ticket was given. I also included the street signs. I xeroxed maps showing I was in City A. Gathering materials help build your case ... or at least gives the illusion of it.
STRATEGY #4: DRESS AND SPEAK PROFESSIONALLY
Also helps build your case and makes your evidence appear more respectable.
STRATEGY #5: SHOW RESPECT AND LISTEN CAREFULLY
People in court have zero patience and zero tolerance. Try getting on their good side by paying attention to what they say and follow their instructions promptly. Respond loudly and promptly too. Also say please, thank you, sir, miss, your honor. This'll help big time if you lose the case and want to request traffic school. The judge has absolute power on whether you are allowed traffic school or not. Get on his/her good side asap!
STRATEGY #6: PRESENT YOUR FACTS (EVIDENCE), NOT OPINIONS
When presenting your material, present them as a matter of facts. Build your case that way instead of opinions of persuasion. The goal is the present the facts in a way that will lead the judge/jury to derive at the conclusion you aimed for.
STRATEGY #7: USE YOUR THE COP AGAINST HIMSELF AS YOUR WITNESS
This part is tricky but it is very useful. In my case, I was planning on having the cop verify my photos of City A. I wanted him to look at the street signs (which I purposely photographed from a distance), and verify that we were there. Then after he says yes. I would present a second set of photos that shows in more detail that the name of City A was written underneath the street name. Then I would present the maps. Then I would say that the witness has confirmed I was in City A, but the citation is for City B. Therefore, since I am under oath, I must plead not guilty to these charges. Although the judge can have the citation changed ... they usually don't from what I hear. citation errors are usually free wins. and even if i lost, i would most likely get traffic school since it was my first offense. so it practically was win/win in terms of no insurance increase (as long as i stay on the judge's good side).
STRATEGY #8: PAY THE BAIL (FINE) WITHOUT THE TRAFFIC SCHOOL
If you plan on fighting the case, don't pay for traffic school. Or don't request it during your trial. Do it all after you'll get plenty of chances to beg for it. If you jump the gun, you already look/admit guilty.
STRATEGY #9: GO EARLY !
Or they get pissed and you pay more money (if you're late).
Damn ... I didn't plan to write this much! Sorry for the long post, but I hope some of this information helps you guys out sometime.
Post your strategies / stories if you got 'em.
Now ... time for me to get back to FF12. =)