Friend just got a ticket, and believes that it was totally uncalled for, how can he FIGHT IT (and possibly win)

Toggle sidebar Toggle sidebar
E

erikiksaz

Diamond Member
Nov 3, 1999
5,486
0
76
He basically pulled out of a parking lot, made a 90 degree turn to the left (~10 meters from the parking lot exit), and was pulled over immediately by a cop, who said that he had a "rolling stop." Rolling stop would not fit this case, since the stop sign was only 10 meters away from the parking lot exit (where he had to stop since there was a stop sign there too), so, basically his car rolled to a speed of 1-2 mph, before he took off.

What can he do about this? I've read stories about delaying the court date until the cop eventually forgets what happened. Would that work?


(and no, this isn't another hypothetical situation and it's finally NOT tied to me shipping a wrong item :p)
 
R

RalphKramden

Banned
Apr 8, 2003
282
0
0
Originally posted by: erikiksaz
I've read stories about delaying the court date until the cop eventually forgets what happened. Would that work?
Click to expand...

Delay it long enough until the cop dies of old age.

rolleye.gif
 
Y

Ylen13

Banned
Sep 18, 2001
2,457
0
0
Originally posted by: erikiksaz
He basically pulled out of a parking lot, made a 90 degree turn to the left (~10 meters from the parking lot exit), and was pulled over immediately by a cop, who said that he had a "rolling stop." Rolling stop would not fit this case, since the stop sign was only 10 meters away from the parking lot exit (where he had to stop since there was a stop sign there too), so, basically his car rolled to a speed of 1-2 mph, before he took off.

What can he do about this? I've read stories about delaying the court date until the cop eventually forgets what happened. Would that work?


(and no, this isn't another hypothetical situation and it's finally NOT tied to me shipping a wrong item :p)
Click to expand...

It all depends on cop definition of rolling stop. If cop claims he roiled at 1-2 mph then cop will lose as judge will look it this way. If a cop had a bad day he would be off by couple of miles so in this case he may have misjudged the full stop for rolling stop.
 
K

KingNothing

Diamond Member
Apr 6, 2002
7,141
1
0
So there were two stop signs, and he stopped at the first one and rolled through the second one which was 10 meters further on?
 
E

erikiksaz

Diamond Member
Nov 3, 1999
5,486
0
76
Originally posted by: KingNothing
So there were two stop signs, and he stopped at the first one and rolled through the second one which was 10 meters further on?
Click to expand...

Rolled through at a crawl, 1-2 mph.
 
I

illusion88

Lifer
Oct 2, 2001
13,164
3
81
Originally posted by: Ylen13
Originally posted by: erikiksaz
He basically pulled out of a parking lot, made a 90 degree turn to the left (~10 meters from the parking lot exit), and was pulled over immediately by a cop, who said that he had a "rolling stop." Rolling stop would not fit this case, since the stop sign was only 10 meters away from the parking lot exit (where he had to stop since there was a stop sign there too), so, basically his car rolled to a speed of 1-2 mph, before he took off.

What can he do about this? I've read stories about delaying the court date until the cop eventually forgets what happened. Would that work?


(and no, this isn't another hypothetical situation and it's finally NOT tied to me shipping a wrong item :p)
Click to expand...

It all depends on cop definition of rolling stop. If cop claims he roiled at 1-2 mph then cop will lose as judge will look it this way. If a cop had a bad day he would be off by couple of miles so in this case he may have misjudged the full stop for rolling stop.
Click to expand...

When he goes to court ask to Supein (sp?) the officer. Basiclly saying that you will take the officer to court within 45days (unless you wave your right to a speedy trial). You can bring a lawyer if you want or act in your own defense. If he has a real valid case the judge might just throw it away in traffic court. If the judge doesn't, then take himt to court by supeining him.
 
C

cmv

Diamond Member
Oct 10, 1999
3,490
0
76
Was it a public or private parking lot? You might want to check if your state allows enforcement of traffic code on private parking lots.
 
K

KingNothing

Diamond Member
Apr 6, 2002
7,141
1
0
Just go to court. My last speeding ticket (15 over) was reduced to traffic school, and all I had to do was go to court and ask politely. Seriously. Just tell the prosecutor what happened, ask him to recommend to the judge that the ticket be dismissed because it's stupid (you'll want to come up with some better wording) and see what happens. Then explain the situation to the judge. At no point should your friend deny rolling through the stop sign.
 
D

dexter333

Senior member
Oct 9, 2000
442
0
0
Originally posted by: illusion88
Originally posted by: Ylen13
Originally posted by: erikiksaz
He basically pulled out of a parking lot, made a 90 degree turn to the left (~10 meters from the parking lot exit), and was pulled over immediately by a cop, who said that he had a "rolling stop." Rolling stop would not fit this case, since the stop sign was only 10 meters away from the parking lot exit (where he had to stop since there was a stop sign there too), so, basically his car rolled to a speed of 1-2 mph, before he took off.

What can he do about this? I've read stories about delaying the court date until the cop eventually forgets what happened. Would that work?


(and no, this isn't another hypothetical situation and it's finally NOT tied to me shipping a wrong item :p)
Click to expand...

It all depends on cop definition of rolling stop. If cop claims he roiled at 1-2 mph then cop will lose as judge will look it this way. If a cop had a bad day he would be off by couple of miles so in this case he may have misjudged the full stop for rolling stop.
Click to expand...

When he goes to court ask to Supein (sp?) the officer. Basiclly saying that you will take the officer to court within 45days (unless you wave your right to a speedy trial). You can bring a lawyer if you want or act in your own defense. If he has a real valid case the judge might just throw it away in traffic court. If the judge doesn't, then take himt to court by supeining him.
Click to expand...

Subpoena
 
K

KingNothing

Diamond Member
Apr 6, 2002
7,141
1
0
Originally posted by: ffmcobalt
Unless you come to a complete and total stop (where your wheels have ZERO motion), you deserve the ticket.
Click to expand...

That's not the point. I certainly deserved my speeding ticket, but now I'm going to traffic school because I put forth the effort to get the ticket reduced.

Oh, wear a shirt and tie when you go to court. I think a suit would be excessive, but that's up to your friend.
 
You must log in or register to reply here.

TRENDING THREADS

COMPANY
RESOURCES
FOLLOW
Top Bottom