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Topic: ticket advice, help a cat get away scott Free  (Read 5102 times)

Offline Smelly_Cat

ticket advice, help a cat get away scott Free

« Reply #15 on: October 19, 2008, 07:09:46 PM »
CopperJewel

The tickets say

The State patrol wrote it, there was a local  officer there too

40 6180  too fast for cond

40 648  failure to maintain

here is how it went down.  He was driving north
The road was a weavy 2 lane with a sharp foot drop  on his right.   He reached for the radio and the front wheel and the back  right side wheels dropped of the road .  Then he reacted by turning left .  When the R front pulled up on the pavement the back end started swinging around and he rolled across the road 1-2 times.  Now he is facing the the opposite direction and rolling down the other side which has a 12 foot slope off the road.   They ended up resting on the wheels on the other side of the road facing south.  The Trooper did some mental math saying he was going way too fast.

The car has full  power steering ,  which I have always though was un needed and probaly had alot to to due with him being able to jerk the car back onto the road

Offline Smelly_Cat

ticket advice, help a cat get away scott Free

« Reply #16 on: October 19, 2008, 07:19:22 PM »
Here are the crash scene photos.  SC





Offline Ret.Bugtech

ticket advice, help a cat get away scott Free

« Reply #17 on: October 19, 2008, 07:41:27 PM »
Well, I hate to say this ,but maybe your young'un should have paid more attention to the un-wanted power steering than screwing around with the dang radio on a weaving road.   Pay the ticket and be thankful that nobody got hurt. You could always sue Subaru for putting un-wanted power steering on the car, but I think you don't want to do that.  I have been through all this before .   The bottom line is ---You lose a car, but your kid is alive and well. A lot of parents can't say that.

Offline Ret.Bugtech

ticket advice, help a cat get away scott Free

« Reply #18 on: October 19, 2008, 07:46:05 PM »
I just saw the pics of the road. Looks kind'a straight to me at that point. :?

Offline Smelly_Cat

ticket advice, help a cat get away scott Free

« Reply #19 on: October 20, 2008, 06:16:22 AM »
Your right on ,  Bugtech,  I'm just beating this horse to get it out of my system. Sometimes  in my infinite wisdom,  I find out after the fact that if I had only done this or that , I would have saved some time of time,  aggravation or cash, .   So I'm learning  with every post.  When I get  the next car,  It aint gonna have a radio .     SC

Offline copperjewel

  • Joined: Sep 2002
  • Posts: 523

ticket advice, help a cat get away scott Free

« Reply #20 on: October 20, 2008, 03:19:50 PM »
Quote from: "Gobusgo"
Not to take away from the current issue, but I have to go to court on November 5th for "cutting in". I didn't see someone to the right of me and pulled over on him. No one was hurt, but the fine was not just a payable fine, I have to go to court.
I never have had to do this. What am I facing? I certainly don't have the money for an "on the spot" payable fine.


On all accident cases where a citation is issued most jurisdictions make it a mandatory court appearance. Sounds like you are facing what is actually a "failure to yield right of way" cases worded as "cutting in". If this was in Georgia I know any misdemeanor and that includes traffic cases are punishable up to $1000 fine and/or 1 year in jail. Never saw that happen in my almost 20 years on the streets. I can not say what the "fine" may be as each jurisdiction, city, county etc set their own fines. I know usually Failure To Yield ROW ran as low as $100 to as high as $250 when I left law enforcement.  I would recommend getting with the city or county prosecutor, clerk of court etc ahead of time and see if you can work out a plan to take care of the fine if you are found guilty.

Offline copperjewel

  • Joined: Sep 2002
  • Posts: 523

ticket advice, help a cat get away scott Free

« Reply #21 on: October 20, 2008, 03:32:01 PM »
Smelly Cat it appears that the State Trooper felt that  Too Fast For Conditions would be applicable due to the roadway, curvy etc.  Looking at the travel distance off the roadway before the correction, the roll distance on the roadway and off roadway to final resting point, I can fully see how this decision was made.

The "Failure To Maintain Lane" is pretty evident since he "left the roadway".  Kind of hard to argue with those facts.

I went through the exact thing with my daughter. Except in our case she was injured badly, had to have surgery etc. She was on her way to her first day at work and left the roadway on the right side, rolled, hit a concrete culvert before coming to rest.

So the decision to fight the citations is totally up to you. IMHO they are good cases and you will be hard pressed to beat them. I would suggest you and your son speak with the prosecutor and see if you can plea to the Failure to Maintain Lane, pay the fine and have the other charge "Merged" into the plea on the other ticket. Just my opinion. And we know opinions are like certain body features, most everyone has one.

I am thankful your son was not injured. He can thank God above. I have pulled too many lifeless bodies from just these type accidents. You have to be attentive 150% of the time.

Hope this helps. I will send you the bill later!!!  :lol:  :lol:  :lol:  Just kidding my friend.

Offline Smelly_Cat

ticket advice, help a cat get away scott Free

« Reply #22 on: October 20, 2008, 07:10:58 PM »
I'm pretty sure my car wrecker would not be all that  good at looking sweet and innocent in a court room.

One More thing about this was the trooper made the tickets and said  we did not have to go to court and I could pay it.   Was the odd?  What does one do if they want to see the judge?   SC

Offline copperjewel

  • Joined: Sep 2002
  • Posts: 523

ticket advice, help a cat get away scott Free

« Reply #23 on: October 20, 2008, 09:49:07 PM »
Quote from: "Smelly_Cat"
I'm pretty sure my car wrecker would not be all that  good at looking sweet and innocent in a court room.

One More thing about this was the trooper made the tickets and said  we did not have to go to court and I could pay it.   Was the odd?  What does one do if they want to see the judge?   SC


It may be because there was no injuries or other vehicles involved.  I answered your questions in a PM. In every accident I investigated if I issued a citation there was mandatory appearance. Some of the places I worked made it mandatory and others let it be at the discretion of the officer. There was always the mandatory appearance if there was a DUI, Suspended License, No Insurance etc involved regardless of the injury factory or number of cars involved.  Good luck with whatever you decide SC.

Offline Smelly_Cat

ticket advice, help a cat get away scott Free

« Reply #24 on: October 30, 2008, 07:01:25 AM »
Update,  I went to the jail to pay the fine.  I was in the wrong line.   There were 20 women and kids waiting to visit loved ones,   Every one was asking if I was in the line for block B or block C.  They where very nice .  So I changed  Lines and  learned it was no big deal to go to court.  did not cost anything.    I had to prove I paid my property tax to get  a bond and set up a court date.  So I did.   Paid  the $350. By the way.  fines are paid in cash and they don't make change.
We may get to wiggle out of some points and get a refund.  If  things go well.   Stay tuned.   SC

Offline Justin

  • Lafayette, GA
  • Joined: Mar 2005
  • Posts: 172

ticket advice, help a cat get away scott Free

« Reply #25 on: October 30, 2008, 08:31:23 PM »
SC  I speak from much experience when I say it is pretty easy to get out of tickets.  In walker county especially.  Have the boy get in front of the judge.  Have him give a sweet line of B.S. on how he made a terrible rookie mistake and that this accident served as a wake up call for him.   How he should never screw with the radio and always drive defensively and keep his eyes on the road.  See if somewhere there is a defensive drivng course thats cheap and take it prior to court.  Also let him know that he spent the money he had in savings for college...bsbsbsb....that he really cant afford to pay higher premiums for insurance as a result of the citations.    Get it?    dont qoute me but go ahead and start drawing up an outline......

I went before Hamilton County judge Moon.  The infractionssss=105 in a 55, failure to yeild, wreckless driving and No proof of insurance while on a Motorcycle.  This was one traffic stop also.  The bit worked well for me.  I got all dismissed and 40 hours of community service.  oh yeah and with out a lawyer or parental support.  Two poor saps before me with similar infractions  lost  thier liscenses for a year and 120 hrs of comm service........They didnt try to BS at all.   No Guts No Glory

Offline Smelly_Cat

Ticket Update

« Reply #26 on: December 06, 2008, 12:57:39 PM »
Todays the day.   Court Time 9 am

I got my son cleaned up  Haircut ,  shave,  He left a little goatee  that I missed seeing until we go in the car this morning.   Strike 1,    He could not find a copy of his Grades.  Strike 2,  And is attitude was ticking my off.  Strike 3.  He is nervous, I am nervous and a little ticked.  

The court house has a metal detector.   The door police man did not like my cell phone.  Off I go back to the car.   We sit down and the place is packed,  and alot of folks look guilty of something.    I should have done a dry run of this because I did not know what was going on.   Next the Court guy starts reading names and folks  reply with Guilty  or Not Guilty.   What the heck is this,   First I tell my son he is guilty,  then I think about it and  change it to not guilty,  The read off 100 names and ours is not called.  
They tell all the not guilty  to file off and do some paper work , come back Monday,   Now we sitting on the group W bench with all the guilty
folks.   Names are called,  they walk up,  sit down etc.  Still we are forgotten and forlorn,  

Then they say if you posted bond,  sit over there.  I was not sure,  but I did prepay the $350 fines  and had a bond paper ,  so off  we go to sit where the jurors  sit.   We are up close the judge and get hear every one talk or getting a talking too.   Very entertaining.   One girl had a ticket for rock climbing during hunting season.  She was cute and got off.  Others were not so lucky,   DUI's  can't seem to get a break today,
 One girl had Intoxicated pedestrian fine.   Drunken assault is hard to wiggle away from.

They call our name,  me and the boy walk up there,  he tells his story,  ALakazam.   To fast for conditions vanishes in a puff of smoke.  I control myself and don't  yell  Yay!!.   We need one more fine to vanish,  My kid has the magic scroll  but he does not play it.  I'm standing behind him using all my telekinetic ability  to get him to  Play the 30 hour Driving course certificate.  Finally the Judge says  lets make it the $143 ticket  and I  speak up.  My Kid lays the certificate  down,   A hush is heard as the  putt is made.  The ball is rolling toward the hole.     Both tickets are dismissed.   Hole in one!!,   Inside I'm jumping up and down.  My Son did good,  I'm  so proud.   Kid learns a lesson today and I don't have to pay for.  Thanks everyone for the advice. Especially CopperJewel and Justin SC

Offline copperjewel

  • Joined: Sep 2002
  • Posts: 523

ticket advice, help a cat get away scott Free

« Reply #27 on: December 08, 2008, 05:59:08 PM »
Glad to know your son got a break. All I can say is I hope and pray he learned his lesson. All it takes is one moment for your life to end and that of another to end or the same parties to have serious injuries.

 I had no problem speaking up for young drivers and older drivers for that matter if I felt they needed a break. But when there was excessive speed, reckless driving, DUI, etc I cut no slack. On those cases I lived by this motto:
Take no guff, cut no slack
Hookem and bookem and don't look back.

I never had any serious cases like that ever get a break in 20 years. I dealt with judges that took traffic enforcement seriously. I had quite a few try to bind cases over to State Court for a jury trial etc in hopes that the Solicitor we had at that time would give them a break. They did not realize the arresting officer was always notified of the bind over. When I got one I immediately went to the Solictiors office to review the case and made it clear I would or would not recommend any reduction etc.  I saw some real performances put on that would win an actor an Oscar. Did not work with the judges I had.   :lol:  :lol:

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