Bu11SH1+ Traffic Ticket! Can I Fight It?

PaulBailey@ltbmw · 05-02-2007, 03:03 AM

K So I was Driving Out Of My Neighborhood Tonight At About 9:50pm and there was this cop infront of me as i was driving down a small residential street going towards the PCH. He's Driving like 5 mph max and i'm not tailgating or anything but making it apparent i'm behind him waiting to get out of this housing track. So We Make A Left at a stop sign and then come up to a red light on Orange at PCH in Newport Beach (For those of you that Know the Area.) He's going straight and i'm making a right turn. I pull up next to him and come to a complete stop. Looking in all directions for oncoming traffic and proceed NB on PCH. As soon as i make the right he follows after and lights me up. I'm pissed cause i knew the dick was going to do this so i aggressively turn into a parking lot, turn off the car, roll down the window and perpare my ID.
To Say the least this officer was a fucking dick. He starts yelling at me and asking me how old i am and then does the same to my girlfriend. He then ask me "What The Fuck Is With Your Attitude? I Don't Know What The Fuck You're On Or If You Just Act Like This All The Time!" Asks me questions and continuously interupts me. Asks my girlfriend where she lives and when she answers he mocks her because of how she purnouces her street name.

Long Story Short, he come back with the same Asshole attitude and a ticket telling me I cross the limit line when making my right turn and thats considered running a red light.
"Violation: Failed To Stop At Limit Line At Posted Stop Sign."

First off this wasn't a stop sign, but a stop light. Second, I came to a complete stop just maybe a foot over the line max to see the oncoming traffic because my view was blocked by him and another parked car on the street. He Also Said my Approx. Speed was 12mph in a 25mph. . . Which wasn't over, but still most definately impossible. He was infront of me going like 5mph and there was no was i sped up that much in that little stretch of street.
I Think He Was Just Being A Dick Because I'm Relatively Young Driving Higher Priced Car That The Adverage Guy My Age. I Pay For Everything Myself, But Regardless.

So What Are My Chances Of Fighting This And Winning?
Has Anyone Else Had Experience With A Similar Situation?
I Sure Don't Feel Like Paying The $450 For This bullshit Ticket.
:finger:

533ogetnom · 05-02-2007, 03:11 AM

im sure thats not the whole story, but the cop probably was a dick none the less, they usually are.

gerbs · 05-02-2007, 03:14 AM

most importantly change the court date so that chances are reduced that he'll show up. other than that there's 9324923 websites out there on how to get out of these types of things

imo, try something like "the reflective paint on the stop sign line was not reflecting properly from the angle i was approaching it at, therefore i ended up stopping on it instead of just before it" etc. :P

GL

chbrules · 05-02-2007, 03:17 AM

That really doesn't sound right. Are you sure you're quoting him word for word here? Sorry for my skeptisism, but even though jerkass pigs really piss me off, I have a hard time believing an officer did exactly what you said unless you somehow provoked him doing something dumb you didn't mention.

Take it to court, you have a 50/50 chance of getting out of it. I have a court date for running a red on a freeway onramp. Kinda a bogus ticket when there was no traffic or anything, but I did what I did. I'm still going to try to weasle out of it if I can though.

uabimmer · 05-02-2007, 03:19 AM

Sorry to hear that bro
Man you have to fight this , although I'm not sure what is your best way out of this one, by showing up to court and pleading your case you will definatly get some of the fine taken off but i've heard of someone on this forum talking about how they get the entire fine dismissed except now i cant remember.

Hopefully they read this.
Good luck with that though I'm 18 with a nice car and not too many people like it

AH · 05-02-2007, 03:24 AM

It happened to me once when I drove around 4 am in quiet neighborhood. Cop said I didn't stop long enough at the stop light and I passed the line..... I said I did stop there, complete stop...period. Then I got myself a warning, instead of ticket. $450 for violation like that is crap.

BMW F22 · 05-02-2007, 03:39 AM

I dont really get some of the stuff. You were going 12mph in a 25mph and he wrote u up because u were going over the limit??

ALso, you should have stopped BEFORE the line AND THEN inch forward to check for incoming traffic.

ANyhoo, if it happened exactly the way you described it then go to court and fight the ticket. Your gf can be the witness. However, if it isnt and u made all that stuff up then you're SOL.

AndrewAZ · 05-02-2007, 04:07 AM

^^^^ Like BMWE90 said... Every light has 2 white lines, you stop at one then you creep up to the other and chill until its clear to turn, you probably went directly to line #2 and skipped the stop at line #1. Very strange rule and its solely taught and enforced.

But if you get stopped for something like that, that usually indicates the cop is having a bad day and its best to be extra nice and never have an attitude and do what they say.

Pay the ticket you broke the law, take some responsibility and take this as a lesson learned.

BiggieJ · 05-02-2007, 04:38 AM

Quote:

Originally Posted by chbrules

That really doesn't sound right. Are you sure you're quoting him word for word here? Sorry for my skeptisism, but even though jerkass pigs really piss me off, I have a hard time believing an officer did exactly what you said unless you somehow provoked him doing something dumb you didn't mention.

Take it to court, you have a 50/50 chance of getting out of it. I have a court date for running a red on a freeway onramp. Kinda a bogus ticket when there was no traffic or anything, but I did what I did. I'm still going to try to weasle out of it if I can though.

cops can and will give you BS tickets if theyre in a bad mood. theyre human. and some *not all* cops will go on power trips and write you BS tickets knowing that 95% of the people will NOT fight the tickets. ive been in the same situation when i was 16 and had a prelude.

to the OP:
fight the ticket. if you have the funds get a lawyer. i went to court when i was younger and fought a ticket where it was my word vs. the cops. even then the judge still gave me a huge brake on th fine and reduced the ticket (it was for not coming to a complete stop at a stop sign....BS i did stop, there was a bus coming the other way) . but you have a valueable witness...prob enough to get the case dismissed. do you homework and you should be fine. oh and wear a tie! good luck.

sinnet112 · 05-02-2007, 04:57 AM

Quote:

Originally Posted by BiggieJ

to the OP:
fight the ticket. if you have the funds get a lawyer. i went to court when i was younger and fought a ticket where it was my word vs. the cops. even then the judge still gave me a huge brake on th fine and reduced the ticket (it was for not coming to a complete stop at a stop sign....BS i did stop, there was a bus coming the other way) . but you have a valueable witness...prob enough to get the case dismissed. do you homework and you should be fine. oh and wear a tie! good luck.

+1
Dress nicely, articulate properly, and don't come off as just another teenage driver. If you show poise and speak well, the judge will be more likely to lighten the charges. Getting a lawyer will probably help the most thoough...good luck!

Ascension · 05-02-2007, 05:02 AM

Quote:

Originally Posted by 533ogetnom

im sure thats not the whole story, but the cop probably was a dick none the less, they usually are.

Not all cops are dicks

417417 · 05-02-2007, 05:30 AM

fyi...your passenger can not be your witness...

jfulcher · 05-02-2007, 07:27 AM

Quote:

Originally Posted by gerbs

most importantly change the court date so that chances are reduced that he'll show up. other than that there's 9324923 websites out there on how to get out of these types of things

imo, try something like "the reflective paint on the stop sign line was not reflecting properly from the angle i was approaching it at, therefore i ended up stopping on it instead of just before it" etc. :P

GL

In Georgia when you change the court date they look up what dates the officer is scheduled to be in court and schedule you that day. Won't work here as the officer has a scheduled traffic court date once a month and they just reschedule for that day.

chbrules · 05-02-2007, 08:07 AM

I'm going to have to try that court date rescheduling. >: )

alisoduke · 05-02-2007, 08:10 AM

You can definately fight this ticket. And honestly i believe your story for the most part cause ive had similar experiences with cops. In order to win this ticket your gonna have to be very credible to the judge. You need to have your facts straight and understand your violation so you can fight against it. Honestly though I would recommend getting a trafic lawyer. Shouldn't be more than a couple hundred bucks for a decent attorney. Get an attorney who knows the local judges and the court systems. An attorney will most likely be able to get the charges dropped completely or have the turned into infractions (which dont go on your record). If I had to put some odds on it I would say: Winning w/ lawyer 4/5 chance Winning w/o lawyer 1/10 chance

LEDZEP · 05-02-2007, 08:16 AM

First, if your recounting is not completely accurate or whole then this thread is pointless. If you just want to vent that you got a ticket, then just say that and we'll all chime in how that sucks, etc.

IF, however, your story is 80% true... the cop was highly unprofessional (which is why I think you're probably not telling us the truth) to use that language and to interrogate your passenger.

But I'll play along... change the court date and show up nicely dressed and with your best manners on. Tell the judge that you made a legal right turn on red light after a complete stop. It seems the cop is nitpicking about you pulling up too far - explain to the judge that you needed to inch forward to have proper visibility of the oncoming traffic on the protected route.

gerbs · 05-02-2007, 01:40 PM

Quote:

Originally Posted by LEDZEP

explain to the judge that you needed to inch forward to have proper visibility of the oncoming traffic on the protected route.

good call

PaulBailey@ltbmw · 05-02-2007, 02:35 PM

Quote:

Originally Posted by gerbs

most importantly change the court date so that chances are reduced that he'll show up. other than that there's 9324923 websites out there on how to get out of these types of things

imo, try something like "the reflective paint on the stop sign line was not reflecting properly from the angle i was approaching it at, therefore i ended up stopping on it instead of just before it" etc. :P

GL

That's The Thing. It wasn't a stop sign. I Stop Perfectly at That. It was a Red Light.

PaulBailey@ltbmw · 05-02-2007, 02:38 PM

Quote:

Originally Posted by AH

It happened to me once when I drove around 4 am in quiet neighborhood. Cop said I didn't stop long enough at the stop light and I passed the line..... I said I did stop there, complete stop...period. Then I got myself a warning, instead of ticket. $450 for violation like that is crap.

Was This In Court? Or You Just Argued Your Point With The Officer. Cause They Usually Won't Go Back On A Ticket Once Its Been Writen.
And If It Was In Court, did The Officer Show Up?

PaulBailey@ltbmw · 05-02-2007, 02:40 PM

Quote:

Originally Posted by BMWE90

I dont really get some of the stuff. You were going 12mph in a 25mph and he wrote u up because u were going over the limit??

ALso, you should have stopped BEFORE the line AND THEN inch forward to check for incoming traffic.

ANyhoo, if it happened exactly the way you described it then go to court and fight the ticket. Your gf can be the witness. However, if it isnt and u made all that stuff up then you're SOL.

First, Why would i waste my time making all that up? I want honest opinions from my actual situation.
Second, I assume he wrote 12mph in order to prove his point that i drove over the limit line because i was driving too fast to stop in it. Which Isn't true.

UncleWede · 05-02-2007, 03:02 PM

It's just SOP to write down how fast you were going, he didn't cite you for that infraction, right?
About the line, when I was in traffic school, the CHP explained they put the first line so far back, hoping we would stop before the intersection/second line, but it just doesn't work. The stop behind/inch forward is the correct DMV training method.
For getting out, look up the actual penal code infraction he wrote on teh ticket, and see if it applies to both stop signs and red lights. If not, check where he wrote you down (intersection) If there is no stop sign there, slowly and carefully explain that to the judge, maybe with a supporting photograph the shows the intersection and a lack of stop sign.

05-02-2007, 03:03 AM	#1
PaulBailey@ltbmw General 678 Rep 26,876 Posts Drives: 2-325 330 2-335 2-Z4 2-135 X5d Join Date: Mar 2007 Location: Huntington Beach, CA iTrader: (34) Garage List 2008 BMW 335i E90 [7.00] 2011 BMW 335i E92 [7.96]	Bu11SH1+ Traffic Ticket! Can I Fight It? K So I was Driving Out Of My Neighborhood Tonight At About 9:50pm and there was this cop infront of me as i was driving down a small residential street going towards the PCH. He's Driving like 5 mph max and i'm not tailgating or anything but making it apparent i'm behind him waiting to get out of this housing track. So We Make A Left at a stop sign and then come up to a red light on Orange at PCH in Newport Beach (For those of you that Know the Area.) He's going straight and i'm making a right turn. I pull up next to him and come to a complete stop. Looking in all directions for oncoming traffic and proceed NB on PCH. As soon as i make the right he follows after and lights me up. I'm pissed cause i knew the dick was going to do this so i aggressively turn into a parking lot, turn off the car, roll down the window and perpare my ID. To Say the least this officer was a fucking dick. He starts yelling at me and asking me how old i am and then does the same to my girlfriend. He then ask me "What The Fuck Is With Your Attitude? I Don't Know What The Fuck You're On Or If You Just Act Like This All The Time!" Asks me questions and continuously interupts me. Asks my girlfriend where she lives and when she answers he mocks her because of how she purnouces her street name. Long Story Short, he come back with the same Asshole attitude and a ticket telling me I cross the limit line when making my right turn and thats considered running a red light. "Violation: Failed To Stop At Limit Line At Posted Stop Sign." First off this wasn't a stop sign, but a stop light. Second, I came to a complete stop just maybe a foot over the line max to see the oncoming traffic because my view was blocked by him and another parked car on the street. He Also Said my Approx. Speed was 12mph in a 25mph. . . Which wasn't over, but still most definately impossible. He was infront of me going like 5mph and there was no was i sped up that much in that little stretch of street. I Think He Was Just Being A Dick Because I'm Relatively Young Driving Higher Priced Car That The Adverage Guy My Age. I Pay For Everything Myself, But Regardless. So What Are My Chances Of Fighting This And Winning? Has Anyone Else Had Experience With A Similar Situation? I Sure Don't Feel Like Paying The $450 For This bullshit Ticket. :finger:
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05-02-2007, 03:14 AM	#3
gerbs woof 84 Rep 1,233 Posts Drives: M6 Join Date: Apr 2007 Location: Los Angeles iTrader: (1) Garage List 2007 BMW 335i Coupé [10.00] 2008 BMW M3 Coupé [10.00] [retired] 2004 Suba ... [0.00]	most importantly change the court date so that chances are reduced that he'll show up. other than that there's 9324923 websites out there on how to get out of these types of things imo, try something like "the reflective paint on the stop sign line was not reflecting properly from the angle i was approaching it at, therefore i ended up stopping on it instead of just before it" etc. :P GL __________________ 2013 F13 ///M6 Sakhir Orange 2013 F30 335i Estoril Blue II 2008 E92 ///M3 Interlagos Blue 2007 E92 335i Montego Blue
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05-02-2007, 03:17 AM	#4
chbrules MSVConrad++ 57 Rep 778 Posts Drives: E90 2006 325i \| E92 2007 335i Join Date: Dec 2006 Location: Peaches iTrader: (0)	That really doesn't sound right. Are you sure you're quoting him word for word here? Sorry for my skeptisism, but even though jerkass pigs really piss me off, I have a hard time believing an officer did exactly what you said unless you somehow provoked him doing something dumb you didn't mention. Take it to court, you have a 50/50 chance of getting out of it. I have a court date for running a red on a freeway onramp. Kinda a bogus ticket when there was no traffic or anything, but I did what I did. I'm still going to try to weasle out of it if I can though.
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05-02-2007, 03:19 AM	#5
uabimmer Україна 24 Rep 868 Posts Drives: JB e90 330i Join Date: Nov 2006 Location: Sac. California iTrader: (2) Garage List 2006 330i [0.00] 2003 330i [0.00]	Sorry to hear that bro Man you have to fight this , although I'm not sure what is your best way out of this one, by showing up to court and pleading your case you will definatly get some of the fine taken off but i've heard of someone on this forum talking about how they get the entire fine dismissed except now i cant remember. Hopefully they read this. Good luck with that though I'm 18 with a nice car and not too many people like it __________________ IN THE PASSING LANE - e90 330 JetBlack / 6000k D1S / 40% all around / LED Lic.Plt. / LED reverse lights / 7500k Fogs
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05-02-2007, 03:24 AM	#6
AH Major 26 Rep 1,165 Posts Drives: E90 320i Join Date: Nov 2006 Location: Indonesia iTrader: (0) Garage List 2006 E90 [0.00]	It happened to me once when I drove around 4 am in quiet neighborhood. Cop said I didn't stop long enough at the stop light and I passed the line..... I said I did stop there, complete stop...period. Then I got myself a warning, instead of ticket. $450 for violation like that is crap. __________________ Mods: Remus, Blacklines, Hartge, ACS, Breyton, Eibach, 20" Lative
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05-02-2007, 03:11 AM	#2
533ogetnom Banned 103 Rep 1,760 Posts Drives: 335coupe Join Date: Apr 2007 Location: Florida iTrader: (1)	im sure thats not the whole story, but the cop probably was a dick none the less, they usually are.
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05-02-2007, 03:39 AM	#7
BMW F22 Major General 3668 Rep 9,783 Posts Drives: ///M235i Join Date: Nov 2005 Location: Bay Area iTrader: (8)	I dont really get some of the stuff. You were going 12mph in a 25mph and he wrote u up because u were going over the limit?? ALso, you should have stopped BEFORE the line AND THEN inch forward to check for incoming traffic. ANyhoo, if it happened exactly the way you described it then go to court and fight the ticket. Your gf can be the witness. However, if it isnt and u made all that stuff up then you're SOL.
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05-02-2007, 04:07 AM	#8
AndrewAZ Major 140 Rep 1,243 Posts Drives: 335i Join Date: Jan 2007 Location: CA iTrader: (0)	^^^^ Like BMWE90 said... Every light has 2 white lines, you stop at one then you creep up to the other and chill until its clear to turn, you probably went directly to line #2 and skipped the stop at line #1. Very strange rule and its solely taught and enforced. But if you get stopped for something like that, that usually indicates the cop is having a bad day and its best to be extra nice and never have an attitude and do what they say. Pay the ticket you broke the law, take some responsibility and take this as a lesson learned.
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05-02-2007, 05:30 AM	#12
417417 New Member 0 Rep 8 Posts Drives: E92 Join Date: Apr 2007 Location: So Cal iTrader: (0)	fyi...your passenger can not be your witness...
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05-02-2007, 08:07 AM	#14
chbrules MSVConrad++ 57 Rep 778 Posts Drives: E90 2006 325i \| E92 2007 335i Join Date: Dec 2006 Location: Peaches iTrader: (0)	I'm going to have to try that court date rescheduling. >: )
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05-02-2007, 08:10 AM	#15
alisoduke Private 4 Rep 87 Posts Drives: e90 325izzle Join Date: Oct 2006 Location: OC CA iTrader: (0) Garage List 2006 325i [0.00]	You can definately fight this ticket. And honestly i believe your story for the most part cause ive had similar experiences with cops. In order to win this ticket your gonna have to be very credible to the judge. You need to have your facts straight and understand your violation so you can fight against it. Honestly though I would recommend getting a trafic lawyer. Shouldn't be more than a couple hundred bucks for a decent attorney. Get an attorney who knows the local judges and the court systems. An attorney will most likely be able to get the charges dropped completely or have the turned into infractions (which dont go on your record). If I had to put some odds on it I would say: Winning w/ lawyer 4/5 chance Winning w/o lawyer 1/10 chance
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05-02-2007, 08:16 AM	#16
LEDZEP Lieutenant General 433 Rep 12,276 Posts Drives: 2009 E70 & 2011 F25 Join Date: Jun 2005 Location: Area 51 iTrader: (0) Garage List 2011 X3 35i M Sport [7.62] 2009 X5 M Sport [0.00] 2007 328xi E90 [0.00] 2006 325xiT E91 [0.00]	First, if your recounting is not completely accurate or whole then this thread is pointless. If you just want to vent that you got a ticket, then just say that and we'll all chime in how that sucks, etc. IF, however, your story is 80% true... the cop was highly unprofessional (which is why I think you're probably not telling us the truth) to use that language and to interrogate your passenger. But I'll play along... change the court date and show up nicely dressed and with your best manners on. Tell the judge that you made a legal right turn on red light after a complete stop. It seems the cop is nitpicking about you pulling up too far - explain to the judge that you needed to inch forward to have proper visibility of the oncoming traffic on the protected route. __________________ I think it is bad luck to be superstitious
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05-02-2007, 03:02 PM	#21
UncleWede Long Time Admirer, First Time Owner 18532 Rep 9,432 Posts Drives: G01 X3 M40i Dark Graphite Join Date: Jun 2005 Location: Oxnard, CA iTrader: (0)	It's just SOP to write down how fast you were going, he didn't cite you for that infraction, right? About the line, when I was in traffic school, the CHP explained they put the first line so far back, hoping we would stop before the intersection/second line, but it just doesn't work. The stop behind/inch forward is the correct DMV training method. For getting out, look up the actual penal code infraction he wrote on teh ticket, and see if it applies to both stop signs and red lights. If not, check where he wrote you down (intersection) If there is no stop sign there, slowly and carefully explain that to the judge, maybe with a supporting photograph the shows the intersection and a lack of stop sign.
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