Question: Fighting my Ticket.

I'm 19 years old, I live in California. The other night i got a ticket for failing to stop at a stop sign. I just got the ticket in the mail, it is for $361.
I have a couple of questions..
1.) It was night time, is the absence of lighting around the stop sign a reason that may void the ticket?
2.) The stop sign was covered with brush from trees, not completely covered, but covered enough. Im planning on taking pictures from all angles. Could this be reason enough? The sign was also located on the bottom of a very steep hill, and there was a right hand curve about 20 feet before the stop sign, which makes it impossible to see untill about 15 feet before the sign.
3.) I was pulled over without my liscence and registration but the cop let it slide.. Lets say i went to court, could the cop bring this up and get me in ever more trouble?
4.) If my case was horrible, and it seemed like the only reason i went to court was to see if the cop didnt show, could i get in trouble by the judge?
5.) Any good suggestions for things i could say to help me not pay this absurd citation?
Thanks in Advance..

If you need 100% for sure to get traffic school, do not fight the ticket! Just pay it and do the school.

But if you can take the risk of not getting traffic school, fight it. You have a very good chance that the officer will not show up for the trial.

To learn more about how to fight tickets, go to library and get book Fight Your Ticket, by David Brown.

BT

Quote:

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You have a very good chance that the officer will not show up for the trial.

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Not true. The reports I have recieved estimate the CHP only misses about 10%. Other officers may go up to as high as 25% depending but that is far from a "good chance."

Based on your description, you do have a good chance of beating the ticket if the sign was obscured and there are no prior waring signs. Pictures plus a witness will be required. However, in traffic court, anything can happen and usually that is bad for you. I would go to court and see if the officer shows. If he does you can then opt for traffic school or talk to him and see if he will agree to dismiss.

The only angles that are relevant for your photographs are those representing how the sign appeared to you as you approached it. (If that's what you meant by "all angles", that's fine, but the court will likely be impatient if you try to submit a stack of photographs representing views that are not relevant to your situation.)

For Lwpat

Sorry to have to confront you but I live in CA and can say from extensive personal experience (not "reports I have received") that the cops show up less than 50% of the time for traffic court. Also, the CHP is no better.

Everyone ends up visiting CA at some time, so next time you are out here, take an hour away from your visiting and hit the 1 p.m. session at the local courthouse. You will see what I mean.

Other than the above, I agree with the advice you gave ScubaSteve.

BT

1.) It was night time, is the absence of lighting around the stop sign a reason that may void the ticket?
A: No, but it could be a mitigating circumstance.

2.) The stop sign was covered with brush from trees, not completely covered, but covered enough. Im planning on taking pictures from all angles. Could this be reason enough? The sign was also located on the bottom of a very steep hill, and there was a right hand curve about 20 feet before the stop sign, which makes it impossible to see untill about 15 feet before the sign.
A: See first answer.

3.) I was pulled over without my liscence and registration but the cop let it slide.. Lets say i went to court, could the cop bring this up and get me in ever more trouble?
A: You could, but most prosecutors won't pull stunts like that.

4.) If my case was horrible, and it seemed like the only reason i went to court was to see if the cop didnt show, could i get in trouble by the judge?
A: No. Just don't tell the judge that's the only reason you showed up.

5.) Any good suggestions for things i could say to help me not pay this absurd citation?
A: Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthre...687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/.../70300494.html


Other people may give you other advice; stand by.