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07-28-2006, 07:12 PM
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Hummer Guru
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Join Date: May 2006
Location: florida
Posts: 2,606
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Re: Getting out of a ticket
You were supposed to show some leg BEFORE the ticket was written, you're screwed now.
Ok, I kid I kid. Seems like an easy ticket to fight, I think you got it covered.
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07-28-2006, 07:21 PM
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Hummer Veteran
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Join Date: Jun 2006
Location: Northwest of Los Angeles, just outside all the traffic
Posts: 120
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Re: Getting out of a ticket
I would go to court, and NOT mention anything about the mistake on the citation prior to your court date. The officer CAN correct the citation after the fact. However, if it goes to court with the mistake, you may get it thrown out (it worked for me once). You might even play stupid, and say, "I don't know what I am defending myself against, since there was conflicting information on my ticket."
If you have any lawyer friends, they may be able to work out the best strategy.
Michael
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07-28-2006, 07:46 PM
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Hummer Expert
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Join Date: Oct 2005
Location: somewhere west of north
Posts: 820
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Re: Getting out of a ticket
Call the state AG and have the cop fired for incompetence!
Seriously, though, I think nearly all states have that law (Washington does, somewhere hidden in the regulations). You've got everything lined up, I'm sure you will at a minimum get a discount. Emphasize your spotless driving record most of all.
And where were you in Alaska there was a 4 lane highway? That's only Anchorage up to like the Mat-Su valley, right?
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07-28-2006, 07:50 PM
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Hummer Authority
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Join Date: May 2006
Location: Arvada, CO
Posts: 1,139
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Re: Getting out of a ticket
Sorry to hear that fishnman. I'm sure they'll say ignorance of the law is no excuse, but that's a lot of BS.
Going to traffic court in Denver is usually a loss because you give up your automatic plea bargain (lower fine and fewer points for paying early by mail). Unless you just have to show proof of insurance or something, the only way to win is if the officer made a mistake in procedure.
So imo, your officer citing the wrong statute on the ticket is a HUGE plus.
__________________
2007 slate blue 5spd w/ adventure package. Still pretty much stock ... dammit
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07-28-2006, 07:53 PM
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Hummer Expert
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Join Date: Nov 2005
Location: Northwest Indiana
Posts: 622
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Re: Getting out of a ticket
Quote:
Originally Posted by Michael1
I would go to court, and NOT mention anything about the mistake on the citation prior to your court date. The officer CAN correct the citation after the fact. However, if it goes to court with the mistake, you may get it thrown out (it worked for me once). You might even play stupid, and say, "I don't know what I am defending myself against, since there was conflicting information on my ticket."
If you have any lawyer friends, they may be able to work out the best strategy.
Michael
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^^What he says. Mistakes on tickets will get it thrown out but don't bring it up until you get to court and play the confused route.
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____________________________
2008 Hummer H3 Alpha Adventure. Graphite Gray Metallic.
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07-28-2006, 09:25 PM
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Hummer Guru
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Join Date: Jul 2005
Location: Idaho
Posts: 4,744
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Re: Getting out of a ticket
1. Will not always work for the same reason you stated under your explanation of your job. Do you know every reg number issued by the government? No, and the officer doesn't either. However, that does not mean you don't know something is illegal, and the same goes for the officer.
2. Will sometimes work the best. Some states such as TN will allow you to attend a half-day driver's ed class, and then the ticket is voided if no other moving violation is obtained in six months. In MI, usually the judge will dismiss with the same caveat as above in regard to another citation in six months.
3. No, ignorance is no excuse, and that is a fact, an any Judge I ever knew or met, hated people saying, "I didn't know that was illegal."
Most states have that law (might be all). I believe when I lived in TN, and they instituted that law two or three years ago, it was stated in the paper that by the end of that year, every state would have that law.
It has never affected me, since I have always pulled into another lane, if possible. If not possible, I slow way down just out of courtesy to the officer out there on the road. (Laws usually say you have to change lane or if that is not possible due to safety, or it is a two-lane hwy, you must slow down considerably.)
Just to let you know, these laws also pertain to any emergency vehicle, including tow trucks with their flashers On.
I would go with Option 2 and stress you thought you had slowed down to a speed that did not put the officer in jeopardy. (And hope the Judge got lucky the night before and is in a good mood.) 
__________________
Black Sheep Hummer Squadron
(ME TOO)
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