Wrong Location on Traffic Ticket - Should I go to court?

[Josh]

First, let me just say the main reason I want to go to court is because I don't agree with why the cop pulled me over.

Initially he stopped me for running a red light, which I KNOW I did not do. I was approaching an intersection and saw the cop sitting and waiting to turn on to my path. As I approached the intersection the light turned yellow and it was extremely snowy and slippery out so I did not slam on to my brakes and instead kept going (did not increase speed) and passed through the light as it was still yellow. Obviously, if it was red I would not have went through the light considering the cop was in plain view.

In any event, he pulls me over immediately and begins to raise his voice asking why I would run a red light? I told him calmly that I was sure I did not run a red light and in fact even saw him there so I would have been a complete fool to do so. I told him the light was yellow the entire time I saw it and I was 100% sure I did not run a red light. After a few minutes of back and forth he gets my license, registration, and insurance and goes back to his squad car.

He returns with a ticket for "Obstructing Traffic" and tells me he's gonna "cut me a break" and "work with me" since I only have 1 point on my license.

I go home and see that the ticket location says "Route 66/Hamilton" on it. Not anywhere remotely close to where I was pulled over. The ticket isn't bad - it's $54, but I don't want to pay on principal. I feel like I'm being extorted out of money here.

Any shot I could win this due to incorrect location? I figure if I go to court and try to explain and argue the whole thing it def. won't work...any thoughts from ATOT lawyers or people familiar with this kind of situation?

 

[Vette73]

No you will not win for location.

If you are truly not guilty then fight the ticket on its merits. Also you can have a REAL trial and not the judge that will 99.9% of the time find you guilty. So when you lose, and you will, ask for a trial by jury unless you can get it dismissed.

 

[Theo Moreau]

I'm pretty sure you cant win just on an incorrectly cited location. If it was a parking infraction then maybe but not something where you were pulled over and had a conversation with the cop.

 

[Kommander_Kink]

Yes go fight it, you'll get off. One trick commonly used here in Toronto that works good with minorities is that they go to court and then claim they can't speak english and ask for an interpreter. That interpreter takes months to book and you get another court date. Even if the interpreter shows up you will most likely be let go because of the clogged system, and if the interpreter doesn't show up you are automatically let go free.

Also as soon as you ask for an interpreter the city throws out the case since they don't want to pay $350 for the services of an interpreter when your traffic ticket is probably less than $200.

I wish I was a minority, too bad I'm a WASP

 

[Mike Gayner]

I can't speak for your laws there, but clerical errors don't invalidate a ticket here.

BTW, what does this mean:

I only have 1 point on my license.

 

[olds]

No you will not win for location. ...

Ya, they'll just change the location.

 

[2Xtreme21]

I wish I was a minority, too bad I'm a WASP

You live in Canada... they have to provide all services in both English and French. Ask for a French interpreter?

Might suck though if the judge turns to the cop and says "Ok, dites-moi ce que s'est passé."

 

[olds]

I can't speak for your laws there, but clerical errors don't invalidate a ticket here.

BTW, what does this mean:

http://www.dmv.org/point-system.php

 

[CVSiN]

Some states run off a point system.
he only has an infraction worth 1 point which is pretty good.
After you reach a certain number of points you get suspended usually depending on the state.

 

[Kommander_Kink]

You live in Canada... they have to provide all services in both English and French. Ask for a French interpreter?

Might suck though if the judge turns to the cop and says "Ok, dites-moi ce que s'est passé."

French interpreters are a dime-a-dozen here since all high schools force you to learn french and some people actually bother to learn it but a friend of mine who is also a WASP adviced me to pretend I'm Polish or Russian and get a polish interpreter, my case is then dropped because the city would rather not spend $300 on one just to get me for $90. He also told me that if the interpreter shows up then you can claim that you know enough english and that you don't need him anymore.

 

[Josh]

I'm pretty sure you cant win just on an incorrectly cited location. If it was a parking infraction then maybe but not something where you were pulled over and had a conversation with the cop.

Hmmm... I figured I couldn't win on the location alone because the officer can just say "I made a mistake when entering it" and have it amended immediately...

But, what the hell do I say if I decide to go to court? The cop pulled me over for running a red light, which I did not do and then he gave me a ticket for Obstructing Traffic? Or do I just go and try to fight the Obstructing Traffic ticket?

I have a feeling I will just have to pay the $54 even though I didn't do anything wrong. Pretty fuckin pissed...

 

[OCGuy]

Fight it. That isnt a clerical error, the location of a supposed infraction is very important.

 

[SagaLore]

French interpreters are a dime-a-dozen here since all high schools force you to learn french and some people actually bother to learn it but a friend of mine who is also a WASP adviced me to pretend I'm Polish or Russian and get a polish interpreter, my case is then dropped because the city would rather not spend $300 on one just to get me for $90. He also told me that if the interpreter shows up then you can claim that you know enough english and that you don't need him anymore.

Wait hold on, you're from Canada? You created a thread about how much you hate the FCC, but that's a US agency.

 

[Mike Gayner]

Fight it. That isnt a clerical error, the location of a supposed infraction is very important.

Clerical errors can happen with "very important" aspects of an infraction too. Spelling you name incorrectly wouldn't be grounds for throwing out the ticket either.

 

[olds]

Hmmm... I figured I couldn't win on the location alone because the officer can just say "I made a mistake when entering it" and have it amended immediately...

But, what the hell do I say if I decide to go to court? The cop pulled me over for running a red light, which I did not do and then he gave me a ticket for Obstructing Traffic? Or do I just go and try to fight the Obstructing Traffic ticket?

I have a feeling I will just have to pay the $54 even though I didn't do anything wrong. Pretty fuckin pissed...

You can't. Don't listen to him.

 

[PingSpike]

Traffic court is just for show, lets not pretend otherwise here...giving the OP a false sense of hope does him no favors. It doesn't matter if it has the wrong location or the wrong color car or the cop wrote your name in crayon and put in the wrong gender for you. The ticket is basically a document that says "A cop says you did something and you lose."

You may as well just pay the random tax and move on with your life. At least its a small random tax.

 

[911paramedic]

I need a paint diagram, or at least a google map of the alternate location.

 

[Kommander_Kink]

Fight it. That isnt a clerical error, the location of a supposed infraction is very important.

That's right, if this stupid cop could not get his location right how can we trust him to convict you based on his memory (that's what you are going to argue in court and you will win).

I once got off a traffic ticket because the dumb cop did not wear his hat when he walked up to my car to give me the ticket, it's a technicality that used to work here but I think now you can't (I got all these tips from a citizen's forum that debate's ways to get out of tickets).

 

[Mike Gayner]

That's right, if this stupid cop could not get his location right how can we trust him to convict you based on his memory (that's what you are going to argue in court and you will win).

I once got off a traffic ticket because the dumb cop did not wear his hat when he walked up to my car to give me the ticket, it's a technicality that used to work here but I think now you can't (I got all these tips from a citizen's forum that debate's ways to get out of tickets).

Think about it - there's no way out of this without the OP lying.

OP: "Derp hurr de derp I wasn't at that location that day so the ticket is invalid derp derp"
Judge: "So did the cop pull you over that day?"
OP: "Derp hurr, well yes,"
Judge: "And did he issue the ticket in question?"
OP: "Hurr durr"
Judge: "OK so we'll go ahead and amend the location, any other objections?"
OP: "Derp."

 

[OCGuy]

Traffic court is just for show, lets not pretend otherwise here...giving the OP a false sense of hope does him no favors. It doesn't matter if it has the wrong location or the wrong color car or the cop wrote your name in crayon and put in the wrong gender for you. The ticket is basically a document that says "A cop says you did something and you lose."

You may as well just pay the random tax and move on with your life. At least its a small random tax.

Between my brother and I, there are 4 "A cop says X was done" tickets that have been dismissed via trial by declaration. <3 CA

Have to put up the bail amount, but after the lazy cop doesn't give his report to the court within X amount of days, the case is dismissed and you get it back.

 

[gophins72]

You can show up and hope the cop doesnt show. if he shows plead no contest and be given traffic school plus fees.

 

[Josh]

Think about it - there's no way out of this without the OP lying.

OP: "Derp hurr de derp I wasn't at that location that day so the ticket is invalid derp derp"
Judge: "So did the cop pull you over that day?"
OP: "Derp hurr, well yes,"
Judge: "And did he issue the ticket in question?"
OP: "Hurr durr"
Judge: "OK so we'll go ahead and amend the location, any other objections?"
OP: "Derp."

Lying? They don't even ask if you did what the ticket says you did?

It's just automatically whatever the cop issues a ticket for is 100&#37; true no matter what?

 

[Mike Gayner]

Lying? They don't even ask if you did what the ticket says you did?

It's just automatically whatever the cop issues a ticket for is 100% true no matter what? Some fucking fair and just system we have. :rolleyes;

Wow you're not very smart, huh? Obviously my model discussion above wasn't comprehensive - I'm saying that there's no reason you'd get off a ticket for a simple clerical error that can easily be corrected. Derp derp.

 

[boomhower]

In most places they aren't going to dismiss because the location was wrong. If you feel your innocent fight the ticket on it's merits. Are you going to win? Probably not but it's worth a shot. Our camera's record 30 seconds before we cut them on, perfect for redlights and left of center stops.

 

[Josh]

Wow you're not very smart, huh? Obviously my model discussion above wasn't comprehensive - I'm saying that there's no reason you'd get off a ticket for a simple clerical error that can easily be corrected. Derp derp.

You said there's "no way out of this" indicating that any arguement I gave would be lying, so maybe you should have been a little bit more clear in your post douchebag. I mentioned in this thread that I didn't think I would win on location because the cop can have it amended so I was figuring out the correct/better way to fight this.

"Derp derp hurr durr" - really? You're a loser, move on.