Should I Fight A Traffic Citation?
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Sorry, last ticket (one of two in my 60 years of driving) was in the mid 70's for driving in a 4:00 pm bus lane at 4:01 - my watch was wrong, so I don't have a lot of experience in these matters.
However, I do sometime anticipate green lights (checking extremely carefully for any vehicles), particularly where the road is quite wide and I know the light is very fast, allowing only the one car - which finally triggered the light for me to cross.
However, I do sometime anticipate green lights (checking extremely carefully for any vehicles), particularly where the road is quite wide and I know the light is very fast, allowing only the one car - which finally triggered the light for me to cross.
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Well..... I usually wait for the green, mostly because it's just the right thing to do. Plus there is simply too much traffic in my area not to be careful.
You got caught, by an officer also on two wheels. :-)
First question that comes to mind is can you afford to take off work to fight the ticket in court?
Second is what do you expect to win, it seems it's pretty cut and dry. If the officer appears in court, you are basically cooked.
As experienced and mature cyclist, we need to set an example out there. After all, we are vehicles and need to obey the same rules of the road!
Pay the ticket - lesson learned.
You got caught, by an officer also on two wheels. :-)
First question that comes to mind is can you afford to take off work to fight the ticket in court?
Second is what do you expect to win, it seems it's pretty cut and dry. If the officer appears in court, you are basically cooked.
As experienced and mature cyclist, we need to set an example out there. After all, we are vehicles and need to obey the same rules of the road!
Pay the ticket - lesson learned.
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If you have the time to spare, go to court. I personally would just suck it up because prevailing is a low probability. You need to work on your timing
-Gary
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I would go to court. In fact I would get a lawyer and go to court. It is not so much about whether you are guilty or not, you will pay for your actions, but the points and potential insurance issues are more important. See if you can't get it reduced to a non-moving violation, usually in NY if you come to court with a Lawyer most tickets get reduced to a parking violation. Thats just the way the system works - just ask Casey and her buddy OJ.
I would like to see a parking citation for a bike - possibly if you locked it to a no parking sign.
I would like to see a parking citation for a bike - possibly if you locked it to a no parking sign.
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When you think about it, most of us violate traffic laws nearly every time we cycle or drive. How many of us come to a complete stop at a stop sign every time? Did we maybe not totally stop maybe once, twice?... Do all of us really drive 35 MPH all the time when the limit is 35 MPH? Exactly, I thought so. We do get away with it nearly every time. So that one time that we are caught, well, it's time to pay up.
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Courts are there for due process. Sounds like you feel that a warning would have been a good call. The judge might agree. See if they have a night court and bring the family for an education. I once watched a guy who was let off on a helmet law ticket come back and try to use it as "precedent". He had the whole court laughing.
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I would contest it and if I lost, appeal. Courts don't like to waste time on stuff like this and there's a good chance there wouldn't even be a second court appearance. Even if you're in one of those jurisdictions that are ramping up revenue with ticket quotas that can work. But mainly it really is a truly petty ticket. Those lights with sensors that never change for a bike, what you did would have been perfectly legal. What's difference did it make really, between this light and one of those if there was no traffic and no danger? Or maybe you got "confused" and thought that was the situation with this light.
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What really happened doesn't matter, if you get a good lawyer. Why can't anyone see that. It's cheaper than the fine in these parts, especially if your lawyer plays golf with your judge, and they generally do.
#34
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Great Advice
Well..... I usually wait for the green, mostly because it's just the right thing to do. Plus there is simply too much traffic in my area not to be careful.
You got caught, by an officer also on two wheels. :-)
First question that comes to mind is can you afford to take off work to fight the ticket in court?
Second is what do you expect to win, it seems it's pretty cut and dry. If the officer appears in court, you are basically cooked.
As experienced and mature cyclist, we need to set an example out there. After all, we are vehicles and need to obey the same rules of the road!
Pay the ticket - lesson learned.
You got caught, by an officer also on two wheels. :-)
First question that comes to mind is can you afford to take off work to fight the ticket in court?
Second is what do you expect to win, it seems it's pretty cut and dry. If the officer appears in court, you are basically cooked.
As experienced and mature cyclist, we need to set an example out there. After all, we are vehicles and need to obey the same rules of the road!
Pay the ticket - lesson learned.
I can't escape the fact that what I did was wrong and that as willb points out, "we need to set an example"...
Based on all of the feedback, I'm going to research whether a bicycle moving violation will be tied in some way to my VA driver's license. If so, I'll go to court and fight. If not, I'll pay the fine. PG
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Phil,
I know that intersection. If you had taken me along I would have drawn off the cop when you did the TDF sprint to escape. The doctor says I can resume activities like cycling next Monday - so we'll have to pick one of your recovery days so I can join you for a few miles.
It's frustrating to be the one called out for a minor infraction when so much worse is missed consistently. Perhaps going to court will reduce points but it'll also burn leave time.
BTW - I just bought a Chrome Paramount frameset. I'll move the parts from the RRA over and sell the RRA frameset.
I know that intersection. If you had taken me along I would have drawn off the cop when you did the TDF sprint to escape. The doctor says I can resume activities like cycling next Monday - so we'll have to pick one of your recovery days so I can join you for a few miles.
It's frustrating to be the one called out for a minor infraction when so much worse is missed consistently. Perhaps going to court will reduce points but it'll also burn leave time.
BTW - I just bought a Chrome Paramount frameset. I'll move the parts from the RRA over and sell the RRA frameset.
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#37
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That's great news! I hope that you're feeling better each day, and you bet I'd like to ride together when you're back "in the saddle" next week.
Phil
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Barney Fife wins again....zzzzzzzzzzzz
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I would contest it and if I lost, appeal. Courts don't like to waste time on stuff like this and there's a good chance there wouldn't even be a second court appearance. Even if you're in one of those jurisdictions that are ramping up revenue with ticket quotas that can work. But mainly it really is a truly petty ticket. Those lights with sensors that never change for a bike, what you did would have been perfectly legal. What's difference did it make really, between this light and one of those if there was no traffic and no danger? Or maybe you got "confused" and thought that was the situation with this light.
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Completely correctamundo. One point, however. In some states (like Florida), traffic tickets on your bike don't result in points, which likely means your auto insurance rates. If you simply pay the ticket, make sure the clerk who takes your payment records it as a bike ticket, rather than a regular citation.
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I always go to court on traffic tickets, and always get a reduction in points/fine etc. Most recent; the officer cited me for 84 in a 65 and weaving through traffic. I explained to the judge I wasn't weaving through traffic but maneuvering to get over to exit just ahead. When he asked me where I was going in such a hurry I said Dunkin Donuts. Naturally, the citing police officer who was in attendance was sympathetic, and he agreed when the judge asked him if he should let me off, which he did. No fine, no points....
On another occasion, I had hit an intersection just as the light turned red. When I went to court I figured I'd be sitting there a long time so took some job related paperwork with me to do while waiting. It was a stack of papers in manila file folders. When I was called in, I had the stack of folders with me and set it on the table. The prosecutor saw the stack of papers and said, "I see you've been doing your homework on this," obviously assuming that the folders were copies of case histories or something. He said, "I'll tell you what, I'll cut it down to failure to signal a turn," which he did. That's 1 point instead of 4. I don't remember how much lesser the fine was, but it was substantial.
On another occasion, I had hit an intersection just as the light turned red. When I went to court I figured I'd be sitting there a long time so took some job related paperwork with me to do while waiting. It was a stack of papers in manila file folders. When I was called in, I had the stack of folders with me and set it on the table. The prosecutor saw the stack of papers and said, "I see you've been doing your homework on this," obviously assuming that the folders were copies of case histories or something. He said, "I'll tell you what, I'll cut it down to failure to signal a turn," which he did. That's 1 point instead of 4. I don't remember how much lesser the fine was, but it was substantial.
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Seems to me that the issue about the officer's action would be whether he acted within his discretion, rather than whether it was reasonable. If you did the crime, which you admit, he was clearly within his authority. You might get a judge to second-guess that, but I doubt it. But, presuming the judge has his own discretion as to the punishment, it may well be worth showing up.
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If I were a judge I'd contemplate comparables. If you did the same thing in your car, would you still feel like going to court to contest it?
The only winnable argument I could see if that you sat through a light and you never got a green because of light traffic, thus the safest alternative was to ride across when the traffic from side to side was stopped--which probably would not have happened due to the amount of traffice at that intersection.......
The only winnable argument I could see if that you sat through a light and you never got a green because of light traffic, thus the safest alternative was to ride across when the traffic from side to side was stopped--which probably would not have happened due to the amount of traffice at that intersection.......
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#46
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I would go to court. In fact I would get a lawyer and go to court. It is not so much about whether you are guilty or not, you will pay for your actions, but the points and potential insurance issues are more important. See if you can't get it reduced to a non-moving violation, usually in NY if you come to court with a Lawyer most tickets get reduced to a parking violation. Thats just the way the system works - just ask Casey and her buddy OJ.
I would like to see a parking citation for a bike - possibly if you locked it to a no parking sign.
I would like to see a parking citation for a bike - possibly if you locked it to a no parking sign.
But, starting in 2010, there is his proof that it is indeed about money.
Contesting a speeding ticket in MA is a 2-phase process. Your first hearing will be before a clerk magistrate of the district court. These people are not judges, but they have some of the authorities of a judge. They almost always let the ticket stand. (you are found responsible) This hearing will cost you $25.00, win or lose. Oh, the LEO who issued the citation does not have to appear at this hearing.
So, you are found responsible, and you wish to appeal this ruling. Your next step will be a hearing before a real judge. This hearing will cost you $50.00, win or lose. The LEO must appear at this hearing. If he does not, you win by default. Years ago, most LEOS would not show, and motorists would walk away, smiling. Not so today. The state, plus cities and towns, want every penny. So, the LEO will likely appear, unless he has an overtime detail at a road construction site. (That overtime pay is much more than court overtime pay). In MA, it will cost you $800.00 to $1000.00 to have an attorney represent you for a speeding ticket, but many feel it is money well spent. If you lose, you are now looking at thousands in insurance costs, besides the ticket itself. Oh yes, you are out $75.00, no matter what. MA does not have a "points on your license" system, but they do have a step system. The more tickets you get, the more "steps" on your record. So it is similar. Doesn't seem to stop bad drivers though.
The answer is yes, I did get a speeding ticket decades ago, way before you had to pay to have it heard. I beat it because the cop was a no-show. I'm much more careful about this today. Not everyone is, as any trip up route 128 will attest.
For those not from the area, Boston is notorious for parking tickets. Ditto for Cambridge, right across the river. What can you say, it's like an ATM for both cities.
Okay done ranting.
#47
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Okay, from my own personal experience, and the experience of my clients (I'm an insurance agent) ALWAYS GO TO COURT. The courts are all so backed up that they deal you right down to a lower ticket, or don't charge you. Do you have a clean driving record? If you do, the judge will DEFINITELY agree to non-abjudication and it will be dismissed. These tickets count on your driving record and insurance companies are getting pickier and pickier. Some of them won't even take you if you placed a TOWING CLAIM. I even had one of my clients go for a seat belt ticket - the girl at the court was like "what? you can't fight this". The judge dismissed it.
Be nice, be respectful, dress nicely. Yes sir I realize I did - yada yada yada - but I really wasn't aware, or I wasn't thinking - I don't usually do this......I feel a warning would have sufficed and I never would have made that mistake again....
Be nice, be respectful, dress nicely. Yes sir I realize I did - yada yada yada - but I really wasn't aware, or I wasn't thinking - I don't usually do this......I feel a warning would have sufficed and I never would have made that mistake again....
Last edited by wiredfoxterror; 07-08-11 at 06:33 PM.
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I'm a police officer . . . I've done the same exact thing as you before. I'm not saying it's right, but I've done it. I wouldn't waste my time in court if I were you, even to prove a point.
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Years ago, when I lived in Maryland, I got stopped by a Hyattsville (PG County) city cop for running a stop sign in my car, and yes I did run it. I came almost completely to a stop, but not entirely. Didn't plan to fight it or try to argue it, until the cop gets to my window and hands me a bunch of attitude about how I so blatantly just blew through the stop sign without bothering to stop. If I'm going to get a lecture, at least it should be an accurate and truthful lecture.
Well, it ticked me off, so I chanced it and went to court. The cop didn't show. Case dismissed, no crime, no fine, no time, no points.
In 2004, got stopped for speeding in Bellevue (WA). 45 MPH in a 30 MPH. Told the cop I knew how fast I was going, but I mistakenly thought it was a 40 MPH zone. He wrote it for 9 MPH over the limit. Went to court and did a deferment. I'm not sure, but I don't believe Virginia does deferments. If Virginia does deferments, do it. It's worth it.
Guy I trained with in FMA was a cop, and I remember him telling me how he'd only write tickets for the serious stuff like driving without a license, without insurance, running through school bus red lights, etc. Maybe 3 tickets out of every 50 stops. If they caught attitude on simple infractions, that would also often led to a ticket; however, he did tell me stories of people with major attitude who got a walk. As with all things, there's always a range.
Something I learned from my experience in Maryland was that if one went to court, and pled guilty, the judge would generally reduce the fine, cut the points, or perhaps both. I watched as the judge just sliced through case after case, people pled guilty, the judge throws them a bone, and off they went. Anyone have any similar experience in Virginia courts?
Well, it ticked me off, so I chanced it and went to court. The cop didn't show. Case dismissed, no crime, no fine, no time, no points.
In 2004, got stopped for speeding in Bellevue (WA). 45 MPH in a 30 MPH. Told the cop I knew how fast I was going, but I mistakenly thought it was a 40 MPH zone. He wrote it for 9 MPH over the limit. Went to court and did a deferment. I'm not sure, but I don't believe Virginia does deferments. If Virginia does deferments, do it. It's worth it.
Guy I trained with in FMA was a cop, and I remember him telling me how he'd only write tickets for the serious stuff like driving without a license, without insurance, running through school bus red lights, etc. Maybe 3 tickets out of every 50 stops. If they caught attitude on simple infractions, that would also often led to a ticket; however, he did tell me stories of people with major attitude who got a walk. As with all things, there's always a range.
Something I learned from my experience in Maryland was that if one went to court, and pled guilty, the judge would generally reduce the fine, cut the points, or perhaps both. I watched as the judge just sliced through case after case, people pled guilty, the judge throws them a bone, and off they went. Anyone have any similar experience in Virginia courts?
#50
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IMO you don't have to fight it when in court. Just explain the situation as you have done here. I'd expect a common sense response in reducing any penalties there may be.