Ticket for Running A Red Light

[peterpandora]

I'm a 17 year old from California and I recently received a ticket for running a red light. The light was yellow when I went through, and I didn't accelerate so I would like to fight the ticket. When the cop came to my car he asked me if I had been "smoking tons of pot tonight". I couldn't believe it and told him I'd had none and that he could test me. After handing him my license and registration he had me get out of the car, then he searched me and checked my eyes. Despite having nothing on me and being sober he went and searched my car too, without my permission. He told me my car had smelled like it when he first walked up and seemed unconvinced and disappointed that he couldn't get me on more serious charges. There was also another officer with him, but he said nothing to me, just waited in the car.

1. Is this harrassment of a younger driver, to assume I am smoking pot with zero evidence?

2. I heard that cops rarely show up in court to contest, is this true?

3. Does it cost anything to contest the ticket in court, do I have anything to lose?

[aaron]

1. Is this harrassment of a younger driver, to assume I am smoking pot with zero evidence?

No (to that specific question). He made what was apparently a legitimate traffic stop, questioned you about possible pot use, and let it go when he didn't find any corroborating evidence of pot use.

2. I heard that cops rarely show up in court to contest, is this true?

No. In some jurisdictions officers can appear by affidavit. In some jurisdictions, court appearances are scheduled for their time off, meaning they get overtime pay if they go to court.

3. Does it cost anything to contest the ticket in court, do I have anything to lose?

If you contest the ticket and lose, the court can assess court costs in addition to the fine.

[lwpat]

The stop for the red light was questionable based on your story. It is not unusual for an officer to stop a teenager for something he would let go if it was an adult. The search of your vehicle was improper but there is little that you can do about it.

Unless you are placed under arrest or the officer has reasonable cause he cannot search without your permission. He can "pat you down" for weapons but cannot do a search of your person.

Local officers tend to ignore the rules, especially with teenagers. Hard to blame them after you have placed a few in body bags but still no excuse. It just depends on how far you want to take it since we have no way of judging the truth of your story. My suggestion would be for your parents to file a complaint with the department after the ticket is resolved.

You cannot fight the ticket since you cannot represent yourself in court. This will be up to your parents. Most people in your situation would take traffic school but you can only do it once every 18 months. You can do a Trial by Declaration which often wins with a local officer since he will not take the time to file a reply. If you lose the TBD you can file for a completely new trial. Running a light is hard to contest and you lose the traffic school option.

For a complete California Traffic Ticket discussion
http://www.speedingticketcentral.com...ng-ticket.html

[aaron]

The smell of marijuana, fresh or smoked, is ordinarily probable cause for a search of a vehicle; an officer's "experience in the field" with the smell of marijuana is usually enough for a court to find probable cause based upon the officer's impression of the smell of a car. Of all the times I have heard a driver protest "My car didn't smell like pot", I cannot recall a single time when the court sided with the driver over the officer.

I would venture that the officer's version of events would be something along the lines of, "Observed suspect run through red light. Effected traffic stop, and found suspect driver to have red, glassy eyes and slurred speech. Strong smell of smoked marijuana on suspect's breath and in the suspect's vehicle...."

[lwpat]

I cannot recall a single time when the court sided with the driver over the officer.

Exactly. This is why officers use this ploy to search your vehicle. Any experienced officer can come up with a reason to stop any vehicle on the road and search it. This does not mean that the stop is justified, just that he can justify it in court.

Assuming that the OP's story is correct, this particular officer uses this on a regular basis as his reason to search and should be reported to his department. Harassment is harassment whether you are 17 or 97. However, considering the number of teenagers that do smoke pot, he is probably correct 75% of the time.