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dam coppers! here we go again! need to fight in court or lose license this time!

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Old 01-28-2004 | 05:14 PM
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From: san jose
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oook.. after my speeding tickets, i learned my lesson.. and started driving 1 mph below every posted speed limit on all streets.. but then..

getting off my daily exit.. at 3:50am, i slow down to 5-10 mph at the red light. i look to my left and right.. ok not a car in sight. so i just make my right.. i was wrong there was one cop sitting god knows how far away watching.. didnt even see him.but guess he saw me.

he pulls me over and asks me why i didnt stop and blew through that intersection. I said I thought i slowed down to at least 5mph or less and saw that there were no cars so i proceeded to turn. he claimed i was doing at least 15mph and if there was a car coming i would not have been able to avoid it! then he adds his buddy has an s2k and he knows that car can handle corners like its on rails.. i think a warning for this type of violation, given the circumstances.. ie 3:50am with no cars on the road.. might be grounds for a mere warning..but not this time! Our young hero/ rookie cop shows no mercy! maybe it was because he had an old cop with him..?

well there it is.. my 4th ticket this within a year. 1 month from any possible traffic school. So that means I have to fight it and win.. to keep my license :/.. its not looking good..
anyway to fight this? or anyone with any experience?

I looked up other cases where it was yellow when they entered the intersection.. and the cop only saw the red..but in my case..there was never a yellow.. and im not going to lie about it..

please advise

thanks ahead of time!
Old 01-28-2004 | 05:35 PM
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In this case you will need to prove that the officer could not have seen if you made a complete stop or not. Park you car EXACTLY where he was parked, sit in it and take numerous photos of the intersection. Better yet, take a camcorder and have a buddy drive through the intersection, have him do one take coming to a complete stop, and another doing what you did. Try to show that you cannot tell which is which.

If you can easily tell, then you will have to "doctor" the results. *WARNING*: do not do this if you find it morally wrong. You will be lying under oath in the courtroom.

Take a few photo's of the intersection at the same spot as the copper was, only place a tree, a real tree, so that it's branches hide the intersection just so that it can not be seen whether the cars come to a complete stop or not. You don't have to plant the tree, just leave it in the bucket with dirt and just position it so.

I understand that you may not want to take that approach, you may, (very doubtfully) get into a lot of trouble, but faced with the consequence of losing my licsnece I would definitely use this approach.
Old 01-28-2004 | 05:36 PM
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Also make sure you do this at night, taking the pictures, not necassarily at 3:50, but when it's dark out. You have to prove that it is impossible to tell if you came to a complete stop or not.
Old 01-28-2004 | 05:45 PM
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hmm thanks russian.. u replied to my other thread too do you have a lot of experience fighting tickets?

the thing is.. i dont know where he was.. i didnt see him. if he was RIGHT there i would have definitely fully stopped.

so what if i didnt know where he was sitting? he was at least a light or so away. which is a little bit uphill.. so that means he would be looking down at me.

do you think i have a better chance fighting this one or the one where i was doing "80" in the middle of a group of cars even though my cruise control was at 74-75?
Old 01-28-2004 | 05:50 PM
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It's definitely easier to fight speeding ticket. I think i explained pretty clearly how to easily win that one. [Prove that it was impossible to distinguish who was speeding from the traffic..] This one is much harder though. It is possible.

Estimate where the cop was parked, request a motion of discovery from the court and get his log book for the day. He might have written down the exact location. If not you can just guess. It's not that big a deal.

In this case really the only way to win is to prove that the copper could not tell if you came to a complete stop or not.
Old 01-28-2004 | 06:21 PM
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hmm thanks.. i think ill try to extend/postpone everything as much as possible.. then goto court for both.

hopefully by then the copper wont remember or bother showing.
Old 01-28-2004 | 08:36 PM
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Wait, you got ticketed for turning right on red when there were very obviously no cars coming? Did I read that wrong or was there a sign that said no right on red?
Old 01-28-2004 | 08:45 PM
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[QUOTE]Originally posted by munckee
Wait, you got ticketed for turning right on red when there were very obviously no cars coming?
Old 01-28-2004 | 11:02 PM
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yea there were no cars in sight. i didnt come to a complete stop at the red light. and ~5-10 mph doesnt count..

yea i have been driving very carefully lately, especially watching my speed.. because I knew.. one more and it was over! but i guess i slipped a little on this one.
Old 01-29-2004 | 03:56 AM
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[QUOTE]Originally posted by munckee
Wait, you got ticketed for turning right on red when there were very obviously no cars coming?


Quick Reply: dam coppers! here we go again! need to fight in court or lose license this time!



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