California License Plate and Tint ticket
#31
well the dice is being thrown for the most part. Most people go in hoping that the cop wont be there, if he isnt all you have to say is, "it never happened" and since theres no cop to dispute what you said, it gets thrown out; if he is, prepare to be embarrassed cause if you're guilty, you're guilty
However I did witness a mastermind get out of a seatbelt ticket. What you have to remember is that when you contest it, its just like regular court, but you're your own lawyer. So the litigation are the same way. The judge asks both parties to give their statements then both parties get to 'cross examine' the witness (being you and or the cop) of course you dont take the stand or anything. Now once it becomes your turn to cross-examine, this is where your skills need to come in hand and you need to ask the right questions. The officer is bound by oath to tell the truth and will. Once you ask the PERFECT question that the cop can not answer, then you got him and you win
This is what the seat belt guy did (pretty simple).
Cop pulled him over and as he was being pulled over, he put his seatbelt on. Well the cop gave him a ticket anyways. When he went to court, they both gave the short story of what happened and of course the cop speculated that, "I saw the defendant with no seat belt on, so I preceded to pull him over. When I approached his window I noticed his seat belt was on, but I know I saw it off of him"
the defense asked ONE question: "Officer, did you see me put my seat belt on"
and that was it. Sure the cop did see it off when he pulled him over, but had to admit that he did not see him put it on, so the defense won under the fact that the cop could have mistakenly not seen the belt on the first time.
Same with speeding tickets and such, you can asked questions like, " did you calibrate your speed gun with a tuning fork that morning in the tune of F sharp?" Which I believe is the right tone they use for the gun. If he failed to do so that morning (which they're suppose to do every morning), the radar gun is irrelevant thus no proof for the ticket issued. Its all about wording, so do research on whatever it is you need to fight and go in prepared. However, I cant think of how you can fight a fix it ticket cause you would have to go in and say the cop was a liar Now if something like what happened to me (profile stop) you can fight it cause a cop can not pull you over without probable cause. I got pulled over for absolutely nothing, my windows were rolled down and after drilling me with bs questions, she told me to roll my windows up.... got a tint ticket. I could have fought it cause there was no reason to initially pull me over. The cop can say whatever they want, but if it wasnt on the ticket/report I would get off. (as said earlier, I learned that one from a lawyer)
Ok sorry for long write, I'm long winded...
However I did witness a mastermind get out of a seatbelt ticket. What you have to remember is that when you contest it, its just like regular court, but you're your own lawyer. So the litigation are the same way. The judge asks both parties to give their statements then both parties get to 'cross examine' the witness (being you and or the cop) of course you dont take the stand or anything. Now once it becomes your turn to cross-examine, this is where your skills need to come in hand and you need to ask the right questions. The officer is bound by oath to tell the truth and will. Once you ask the PERFECT question that the cop can not answer, then you got him and you win
This is what the seat belt guy did (pretty simple).
Cop pulled him over and as he was being pulled over, he put his seatbelt on. Well the cop gave him a ticket anyways. When he went to court, they both gave the short story of what happened and of course the cop speculated that, "I saw the defendant with no seat belt on, so I preceded to pull him over. When I approached his window I noticed his seat belt was on, but I know I saw it off of him"
the defense asked ONE question: "Officer, did you see me put my seat belt on"
and that was it. Sure the cop did see it off when he pulled him over, but had to admit that he did not see him put it on, so the defense won under the fact that the cop could have mistakenly not seen the belt on the first time.
Same with speeding tickets and such, you can asked questions like, " did you calibrate your speed gun with a tuning fork that morning in the tune of F sharp?" Which I believe is the right tone they use for the gun. If he failed to do so that morning (which they're suppose to do every morning), the radar gun is irrelevant thus no proof for the ticket issued. Its all about wording, so do research on whatever it is you need to fight and go in prepared. However, I cant think of how you can fight a fix it ticket cause you would have to go in and say the cop was a liar Now if something like what happened to me (profile stop) you can fight it cause a cop can not pull you over without probable cause. I got pulled over for absolutely nothing, my windows were rolled down and after drilling me with bs questions, she told me to roll my windows up.... got a tint ticket. I could have fought it cause there was no reason to initially pull me over. The cop can say whatever they want, but if it wasnt on the ticket/report I would get off. (as said earlier, I learned that one from a lawyer)
Ok sorry for long write, I'm long winded...
Last edited by Mr Jokster; 07-13-10 at 10:29 PM.
#32
No, thanks for the advice, Mr. Jokster. I don't mind that it's long-winded; give me more information.
I have some literature that says that the window tint issue is supposed to be correctable and that he has no probably cause to mark it as non-correctable. That and the fact that he got the VC wrong is what I'm hoping will get me out.
The fact that they still haven't mailed me the bail amount seems strange. They haven't mailed me a correction on the VC either.
Another thing that's odd.. I have a court date, but no time. It just says AM. Is that weird? Is that allowed?
I have some literature that says that the window tint issue is supposed to be correctable and that he has no probably cause to mark it as non-correctable. That and the fact that he got the VC wrong is what I'm hoping will get me out.
The fact that they still haven't mailed me the bail amount seems strange. They haven't mailed me a correction on the VC either.
Another thing that's odd.. I have a court date, but no time. It just says AM. Is that weird? Is that allowed?
#33
No, thanks for the advice, Mr. Jokster. I don't mind that it's long-winded; give me more information.
I have some literature that says that the window tint issue is supposed to be correctable and that he has no probably cause to mark it as non-correctable. That and the fact that he got the VC wrong is what I'm hoping will get me out.
The fact that they still haven't mailed me the bail amount seems strange. They haven't mailed me a correction on the VC either.
I have some literature that says that the window tint issue is supposed to be correctable and that he has no probably cause to mark it as non-correctable. That and the fact that he got the VC wrong is what I'm hoping will get me out.
The fact that they still haven't mailed me the bail amount seems strange. They haven't mailed me a correction on the VC either.
oh as for the court date, that actually stipulates by when you need to address the ticket; whether it be you pay it, or fight it. If you do the math, that date should be 3 months after to the day of when you received the ticket. They give you 3 months to do what you must. You can go anytime between the day you got it to that date to plead guilty or not guilty, but the system is much simpler now. You dont have to plead guilty anymore, just go to a window and pay however, if you want to contest the ticket, you have until that date to go to the judge, He will ask, 'do you plead guilty, not guilty or no contest" and you say, "I'm not guilty" at that point the judge will set up a court date for you and the ticket issuing officer to meet and litigate the offense. After that date is given, they will have you post bail immediately and you get to wait until who knows when to get your bail money back if you win the case that is... The state wants your money NOW, then when and if you win they decide when to give it back... pretty dumb imo. Hope they dont tack on court charges if you dont win
Last edited by Mr Jokster; 07-14-10 at 05:05 PM.
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