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got pulled over... help
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04-22-2013, 01:59 AM | #1 |
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got pulled over... help
I got pulled over on 4/20 for "unsafe turning movement"
I was stuck in back of a slow driver and I had switched lanes to the left of me and another slow driver was in that lane as well so I switch back to the same lane but in front of the first slow driver. pulled up to a red light a few hundred feet down and a cop pulls next to me and I already knew he was going to pull me over. he pulls me over and as soon as he walks up to my car he asks if I have been smoking or if I have been drinking. I told him no I haven't been smoking or drinking and that I had just left my house to go bowling with my girlfriend (which she was in the car with me). the ticket says "unsafe turning movement" wth!? I wasn't speeding, on the ticket he said I was doing 40mph in a 35mph. what should I do? fight it? I've seen that people post threads on how the got pulled over, faught it, n won but they hired someone or something. any suggestions???? |
04-22-2013, 08:16 AM | #5 |
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What did he put down for the cvc violation?? I wouldn't mind the '40 on a 35' part as he didn't put it down as a speeding violation(unless you happened to be doing 40 while turning).
Best way to fight it is have your girlfriend write a testimony in your favor and simply argue against whatever the violation is as per the cvc(ie I had fully stopped for the red light and waited for the traffic to clear before safely turning; with a more extensive story). Also, if you don't want to go to court, request to do a TBD(Trial By Declaration). It also helps to do a TBD because the officer isnt going to want to waste his time with something he isn't paid to do(1/2 pay when they go to court). |
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04-22-2013, 11:59 AM | #6 |
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04-22-2013, 12:26 PM | #7 |
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I was meeting up with a couple friends to do a little cosmic bowling with my girl n to meet up with my friends, but haven't since I was on my way. I don't like to smell up my car. lol
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04-22-2013, 12:32 PM | #10 | |
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im going to look into fighting it but I for sure will do the TBD. |
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04-22-2013, 12:59 PM | #11 |
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After reading the vehicle code it sounds like the cop is say you cut off the slow driver you changed lanes in front of. The vehicle code can be found here.
It reads: "Turning Movements and Required Signals 22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement. Amended Ch. 1996, Stats. 1959. Effective September 18, 1959." I bet he's claiming the "in the event any other vehicle may be affected by the movement" part. That's going to be a hard one to fight because *IF* the driver hit his brakes after you changed lanes in front of him, you technically *affected* his movement. Best of luck! |
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04-22-2013, 04:44 PM | #12 |
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04-22-2013, 06:17 PM | #14 |
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or all cops at that...
OP... Ive fought a cop car and won thru TBD. Ive heard that if its a motorcycle cop its useless to fight it because there out there strictly for moving violations. Since you got rolled on by a car, possibility of winning is on your side. Good Luck man! |
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04-22-2013, 06:23 PM | #15 | |
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04-22-2013, 06:37 PM | #16 |
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04-22-2013, 06:41 PM | #17 |
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04-22-2013, 08:13 PM | #19 |
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Over the past 4 years I've contested 2 tickets and won both times. First one was for not wearing a seat belt. My car's seatbelt at the time broke and I was in the process of fixing it(was laggin it I will admit that). When I paid the fine I requested a ticket by written declaration. Sent in my statement the when the deadline was up for the cop to send in his statement I called the court and asked what the ruling was. They said the cop never sent in his statement and so I won. Second time I got pulled over for doing 86 on a 55. Went to court and plead not guilty. Went back to court for my court date and the cop didn't show up, immediately my case got dismissed.
Basically if the cop shows up to court or sends in a statement if you do TBD, you're screwed. When I was in court every case that went ahead of mine that the cop was there, the judge ruled in favor of the cop. No matter what the defense was. There was even one dude there that brought a lawyer, still was found guilty. I've heard that some judges will deny you the option of traffic school if you fight the ticket. I specifically asked the court teller about this and she told me it was up to the judge if he wants to offer you traffic school or not after you get found guilty. The judge in my county offered traffic school as an option to every case that went ahead of mine and got found guilty. Hope that helps, I would definitely fight it. Good Luck |
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04-22-2013, 08:53 PM | #20 |
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This isnt true. I have fought three speeding tickets each time the officer had shown up. I had hired a lawyer and he helped work out a deal with the officer/the court so i paid my fines but i did not get any points on my record. The key is to have a lawyer. I no few people who fought a ticket by themselves and won.
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04-23-2013, 12:12 AM | #21 | |
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04-23-2013, 12:21 AM | #22 |
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It did not, i only fought the ticket because traffic school was not an option for me at the time.
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