Is There a Point to Going to Court for Traffic Citations?

The fiancee just received her citation for a bonehead move she pulled driving about a month ago. She has never dealt with having to stop for school buses before. She came up on a school bus headed the opposite direction from her on a 2-land, undivided street and treated the Stop sign on the side of it like a regular Stop sign: roll up, stop, wait until everything is clear and safe, and proceed. Cop was on the other side and cited her.

So, she got her thing and it's $855 ticket. She's doesn't see any point to going to court when she fully admits she didn't follow the law. I'm saying it can't hurt and the judge might take pity because she did not understand the law and treated it according to the law she was familiar with.

I'm sure she'll have to pay something, but what are the chances she'll be able to argue it down to a lesser infraction?

Fight them all because even if you end up losing you still made them earn the money by being present to testify.

And... yes. I think that by asking nice about 80% of tickets can be reduced to a non-moving violation (NY,NJ,PA experiences only YMMV) for a couple hundred dollars but no points. Here in PA menacing school students near a bus while they blindly walk across the street is a 4 pointer so... pretty damn expensive to your adjusted insurance rates.

Have her talk to a traffic lawyer, they should be able to tell her if that's a ticket worth fighting/batering or not. I wouldn't try to do this on my own.

$855?

Holy berk...

They call it "the legal system" for a reason.
Work the system.

Attorneys do not advertise that they do traffic court because there is little money in it.
They do however advertise DUI because there is a lot of money in that! A DUI attorney is what you want, these are the guys who are in traffic court.

Speaking to the attorney will be initially free. Keep them on the phone as long as possible in that free call. You want to find out, based on their experience how lenient or flexible is the prosecutor?
Also, point blank, ask the attorney how much he donated to that judge's re-election campaign?

In my opinion, the system is where you pay an attorney (rather than go it alone) and the attorney pays funds toward re-election with his proceeds.

You will likely not get this dismissed. Expect that you will still pay money to satisfy the municipality (who sees the possibility of $855 coming in.) What you do not want to do is satisfy the insurance company who will really jack her up for this. Your goal is a non-moving violation with a big fine. Municipality gets their money but insurance can not jack you. You need an attorney for this.

As you can see from the price, they are very serious about this! You should be too. Do not go it alone.

In reply to Sky_Render:

Welcome to Kalifornia.....they gotta get money somehow.

showing up can't make it worse. I've had a cop not show up. Worth showing up and pleading your case.

I havent had one in years, (knock on wood) but I always went and fought it. See if the state offers a PJC, or try to get it reduced. I had 90% good experience with it. The 10% bad was still a reduction, but it was a BS ticket.

yamaha wrote: In reply to Sky_Render: Welcome to Kalifornia.....they gotta get money somehow.

I think this is less about California and more about a bunch of bored CHP in a small town. I got a fix-it for expired registration the other week. Went to the police station to get it signed off, cop commented about how absurdly ticket-happy CHP is out here. Went to the court house to pay the fine and be done with it. I was not able to, because the CHP has been writing citations so much faster than the court can process them, that they are several weeks behind!

I will suggest that she consult a lawyer.

Tell SWMBO to call down to the clerk. It doesn't hurt to ask about probation or whatever other options there are. You don't have to automatically get a lawyer and fight, but neither do you automatically have to pay the citation in full.

I've been on the jury for traffic court twice. Traffic juries tend to find the defendants not guilty. Usually the cops are jerks and at least one of the jurists has had an experience similar and none of the ones I sat in on found for the state.

I had to go to traffic court for a speeding ticket years ago. Some stupid rule about being, I think 20 mph over and you had to go to court.

Dude in a suit who was ticketed on the same day, at the same speed trap, for pretty much the same speed was early in the session. He was driving a then pretty new BMW. He did some BS "no contest" plea. Judge didn't like that and gave him hell. I can't remember what she said exactly, but some legal stuff about why no contest and shouldn't it be guilty or not guilty. He didn't know what to say, so changed it to guilty. (Duh). He got some giant fine and I thought I was hosed.

I had only moved to Colorado a few months earlier. I sent for my California driving record which had no violations to present to the judge. I was driving my '72 Capri and showed up in court in dress pants and shrit, but no tie. I pled guilty and apologized. I can't remember the particulars of what it costs, but it was a ton less than the other guy.

Given my experience, I'd go to court. Dress nice, but not too nice. Plea guilty, apologize, tell the judge that you (she) made an honest mistake and learned a lesson. If it's the first citation she's had I'd get documentation of that and provide it.

Can't hurt.

I went to traffic court over a wreckless driving and public endangerment case waaaaay back.

I was doing 104 in a 60 at 6:30am on a Saturday morning. No one was on the road, at all, except me and that cop. LOL No excuse, but whatever.

Cop didn't show up so the speeding ticket got dismissed, still had to pay fines for the other stuff. Had a lawyer.

In reply to Conquest351:

Wow. I hear about that happening, but I'd say you got lucky!

In reply to fast_eddie_72: Nolo Contendre - No Contest is just a guilty plea without admitting guilt......same results as a guilty plea.

I would defintely go to court and try to get it written down. Running a school bus stop is a serious infraction and will hose you on insurance. Where I work it would get you on double secret driving probation.

yamaha wrote: In reply to fast_eddie_72: Nolo Contendre - No Contest is just a guilty plea without admitting guilt......same results as a guilty plea.

Yeah, I think it was the guy's attitude she didn't like. You could tell he read it somewhere, or someone told him to do it. Kinda like he was trying to game her. If you think about it, they must get stuff like that all the tme. Probably gets old. Best not to poke on them unless you really, really know what you're doing.

Where did she come from that you don't have to wait for a school bus? Everywhere I've ever lived it's the same law.

Where are you located?

Experience from my youth, when I was a dumb highschool kid with a Mustang

First couple: write letters kissing but, points get removed and lower fine (all i cared about was points/insurance)

Next 6-7: Go to court, plead no contest/say sorry, no points lowered fine,

Last one: Write letter, denied and paid the fine (for forgetting to attach license plate to trailer)

I would definitely take it to court since I would imagine this would have serious implications with insurance.

Last ticket I got was a $20 fine for speeding and $180 for court costs. Can't charge the $180 unless you're in court. The people I came in contact with while I dealt with this and got it thrown out all said it's just unbelievably ridiculous. Justice system my A&&, it's another way of taxing people.

If you're going to go to all the trouble to go to court plead not guilty and ask for a jury trial. Many times the judge will knock it way down or dismiss it right there.

BoxheadTim wrote: Have her talk to a traffic lawyer, they should be able to tell her if that's a ticket worth fighting/batering or not. I wouldn't try to do this on my own.

I ALWAYS do this. My traffic lawyer usually only charges me a paltry $75 to make tickets go away, too.

How did she get her drivers license and not know the school bus law ?

ALWAYS ALWAYS ALWAYS fight it! Flamesuit on: I probably average 1.5 tickets a year. I have never had a single point on my license, and there's usually no record of the ticket.