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Traffic Court

Started by GQjoey, June 13, 2011, 03:01:44 PM

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GQjoey

I got pulled over a month ago, on my break from work, for "passing an emergency vehicle". I turned right onto a boulevard, and there was a cop that had someone pulled over not even 150 feet in front of me. It was completely dark out, and the car she had pulled over was just leaving. I slowed down to 20-25, let the car in that she had pulled over. Her lights went off when I passed her, and she flipped um back on, and pulled me over.
I thought she'd for sure just give me a warning. But nope - I have court on Wednesday. I have absolutely NOTHING on my driving record (been driving 10 years). I'm obviously going to try and fight it, but haven't been in court since my name change 12 years ago. I'm honestly nervous as hell.
I'm in the process of getting a new license because I moved back to my homestate, and still have my California one. As I was taking the practice written test online, one of the questions was "What do you do if there's an emergency vehicle stopped on the side of the road?". The correct answer was SLOW DOWN. I was thinking about printing off that question, and bringing it with me to court. Anyone ever gotten out of a ticket like this?
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Ann Onymous

Rules vary depending on the State where one is located.  Indeed, even within a particular State, they can vary depending on WHAT LANE you happen to be in as you come upon the officer stopped at the side of the road...

Without knowing what State this was in, it is difficult to say WHAT to expect.  As an example, if this were a Texas case, I would be able to tell you NOTHING definite would happen on Wednesday.  You would likely be given an offer but otherwise, it would be an appearance that resulted only in a later setting being made (I actually have a personal matter next week on an initial appearance for a case from before xmas and I have routinely strung out speeding tickets across four or five settings before getting them dismissed). 

Spend some time reviewing the actual Transportation Code (or equivalent for your jurisdiction) to determine what obligations exist.  However, realize also that you are not likely to win a he said-she said battle with the cop's description of events.  In such an instance, I would probably look for a deferred disposition that entailed no violations of the same type for 90 days in that jurisdiction...and without a requirement for a defensive driving class. 

The clear history should work to your advantage.  Further, the name change should not be a factor as long as it was not on your DL or in the citation as a former name.  I know on my Texas DL history, there are no references to the former name that have ever been mentioned or that appear on the HX I can obtain online.  It simply shows my original issue date back in the early-mid 80's and has the correct age, sex, eye color and other demographics (well, ok, the weight is off by a bunch, but they never asked me at renewal time if I was getting shoved back in the water by Greenpeace).

Traffic court/municipal court is more of a waste of time than anything, but even with a finding of guilt, you still tend to fare better by contesting the violation than to simply mail in a check.
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GQjoey

I looked up the ordinance, and it states "following a vehicle too closely". Which isn't what I was pulled over for. I'm in Minnesota, if it matters.
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Ann Onymous

Quote from: GQjoey on June 13, 2011, 03:18:45 PM
I looked up the ordinance, and it states "following a vehicle too closely". Which isn't what I was pulled over for. I'm in Minnesota, if it matters.

Being mis-charged CAN be a basis to get the citation tossed.  Much depends on the tenor of the Court in question...

Another thing to look at as you determine courses of action will be whether you are in a point-based jurisdiction.  Some States assess points based upon the nature of an infraction (Texas adopted that nonsense a few years back), and so it becomes critical to know how many points may be assessed.  If you are in a points-jurisdiction, then you always want to know what alternative pleadings exist for other offenses if push comes to shove and the ticket is not going away. 

I am not familiar with the MN procedures...never lived there, never been stopped up there.  And, unfortunately, since I am still trying to get crap in order for a trip out of town in a few days, I don't really have time to come up to speed on MN provisions between now and tomorrow night.  If you get a continuance on Wednesday, feel free to get back with my via PM and I can take a look at viable options...
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