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-   -   contesting a moving violation (http://www.wakeworld.com/forum/showthread.php?t=804633)

pesos 05-20-2015 1:59 PM

contesting a moving violation
 
Turned onto a highway onramp yesterday (slow moving, fairly heavy traffic) and a motorcycle cop jumps out into the traffic and pulls over 3 of us who made the right turn. Tells us it was illegal and it's a $100 ticket. I look back down the road and the no right turn sign is a good 3 car lengths behind the signal stop line - no sign whatsoever across the street on the signal or anywhere else - no indication anywhere else that you shouldn't make the turn.

Obviously set up to be a trap as lots of people are making the turn and they have two moto cops just camped out pulling people over out of the slow traffic on foot.

Anyone contested one of these before? Any tips? (this is Hawaii btw)

Thanks!

masongardner 05-20-2015 3:54 PM

Take a video of the way it is set up, if it doesn't make sense then tell them that in court, don't be an a-hole about it, but state what you think is wrong with the turn and lack of sign posting in the same area. Being polite in the courtroom and having evidence will go a long ways.

pesos 05-20-2015 3:56 PM

Thanks Jason. I'm going to be contesting in writing (at least initially). hopefully that will be the end of it and won't even have to deal with the hassle of court.

masongardner 05-20-2015 3:57 PM

If you contest it in writing, send some pictures with it. If you can show that the signs don't make sense that should be the end of it.

grant_west 05-20-2015 4:14 PM

1 Attachment(s)
Wes I pulled in a special favor for you. Dog said to bring this into court with you and your good to go.

pesos 05-20-2015 4:23 PM

I'm in the clear, thanks G.

Shawn 05-20-2015 7:12 PM

Stop at that intersection again at a "safe" stopping distance which means that you can SEE the wheel line when stopped and take a quick panoramic video showing there is no sign posted within view and do a detailed map with pics of where the signs are.

Not sure about the legalities of where they need to be placed, but you have the fact that they were working it as a trap in your favor.

barry 05-20-2015 10:10 PM

I'm pretty certain that video evidence isn't admissible in traffic court.

BigJohnsonUT 05-20-2015 10:50 PM

Just pay it
 
I hate these things as much as anyone, but for me I've found that just paying the $100 is easier than the stress and worry about fighting it. unfortunately.

My time is worth more than $100. :D

SJ

masongardner 05-20-2015 11:33 PM

Depends on where you are maybe, Colorado they will look at it.

pesos 05-21-2015 1:41 AM

SJ, I know. And with everything going on right now who knows if I'll have the motivation to get it done. But it ticks me off to see them taking advantage of people. 4 others got pulled over just in the time it took him to write my ticket - like fish in a barrel.

spikeTX42 05-21-2015 5:50 AM

If you have the time to spare, postpone the court date as many times as possible and then show up on the day it is scheduled and watch it be dismissed. I've postponed all of my tickets (one of them over a year) and showed up in court to fight it. Every one of them so far has been dismissed - even if the cop shows up. The reason being that the docket is so full of real crimes that they don't have time for petty crap like moving violations.

I live in Houston so take that with a grain of salt - Hawaii might not have an overfull court system.

05-21-2015 9:54 AM

I tried to contest a ticket once (Dallas) -not only did they not dismiss it, they added court costs on top of it since I showed up in court. Lesson learned.

john211 05-21-2015 3:07 PM

pay the $100 and move on ... or get a lawyer. You being you ... in a court and before a Judge ... you're gonna get a rude shock. I bet ... 100 bucks says Wes pays 100 bucks ... or maybe more.


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