There was mention a while ago about how to win in court when given an incorrect traffic ticket. My son was ticketed for going thru a "Steady Red Light" ( on the ticket). There is no traffic light on the corner where the location on the ticket states, There is a Stop Sign there, the Traffic Light is over a City Block away.
I understand this is a procedural mistake and the PO meant to write Stop Sign Violation, but he didn't.
I seem to recall a website that was mentioned.
Anybody know of it?
thanks
Barrier

 

Is the intersection clearly stated on the ticket? If so, take pictures of the intersection and stop sign, and the street sign names. If the cop's observation is so poor that he can't even tell if he is at a light or sign, how can his observation be good enough to tell if you stopped or not? Plead not guilty, swear up and down that you stopped, then point out the the mistake on the ticket.

You may have to cross examine the cop about this, but let him walk into the mistake. Chances are he will not even pick it up when he starts his testimony as he will be working from his notes... then you can bury him.

Your son should be able to walk from this, but caution him about stopping at stop signs... who knows, maybe some of our kids are playing nearby.

 

Sorry, I don't have the information you're looking for. But, just in case he loses his in court, and is able to go to traffic school versus having the ticket on his record, A few years ago I got a ticket and tried the following traffic school. http://www.trafficschooltogo.com/ It is $24.95 and when I went through it you were guaranteed to pass with 100%. The way it worked then was there were multiple chapters to it you were supposed to study, one at a time, and then take a short test for each.

Here's one of the good parts. When it comes to taking the tests, if you happen to miss a question, the program directs you back one step, and you get to try to answer the question again. If you answer wrong again, you get to keep trying until you get it right. So you can actully just bypass the the study info. and just answer the questions, if you'd like. I believe the questions were multple choice.

The site will even send the necessary completion info. to the proper organization when you've finished. It went so well, that I felt I was doing something wrong. And it only took a short time to complete it. I believe you can even practically complete the test before you pay for it. But like I said earlier, its been a few years since I took the course.

I hope this helps you and others, if necessary, I've passed this on to others and they were happy with it also.

Having said all that, good luck with fighting the ticket.

 

 

I don't see how old your son is? If he's an adult (over 18yr old) then he'll have to fight this ticket his self. That is unless you're a bar certified attorney. The court will not listen to you unless you are called as a witness and then you'll only be able to testify to what you observed.

If this were in AZ and the cop realized prior to a trial he would simply amend the citation. If your son is going to fight it I suggest like mentioned above that he photograph the intersection and cross examine the officer about location. Let the officer tell the entire story and then present the photos as evidence. There is a chance he'll get off.

My suggestion to you is that you advise your son on what you've learned and then walk away. If he wants to fight it then he can. If it isn't important enough for him to be concerned with then he won't bother and he'll just take the school route. Remember Dad, if he's over 18 then he's a big boy and it's time to let him fight his own battles.

My 19 yr old got a citation for Minor consuming alcohol. He asked me how he should fight it. I asked him if he had been drinking and he admitted he had. I told him he should go to court and plead guilty. He was pissed at me for a day or two but once he cooled down from getting the citation he did as I said and plead guilty. If he'd have said he wasn't drinking I'd have given him all the advise I could. I suggest you ask your son if he ran the stop sign or red light whichever it was. If he honestly admits he did or he "might have pushed it a little" I'd tell him to plead guilty and take the school.

Be a good father and teach him to take the consequences when he screws up and not blame the system. Just my .02!

 

well, since the intersection listed and the traffic control device listed arent consistent with what is actually in the real world, its gonna be easy to get it taken care of. if the officer is aware of it prior to trial, alot of areas allow the officer to ammend it but most of the time the judge will just dismiss it if you bring it in and show it and explain. but yes, even if it was a mess up on the officers fault, and your son really did not obey whichever traffic control device was there make sure he knows he cant just get it thrown out all the time or he'll wind up being like that other snot on here that said "he wont go down w/o a fight" even though he said he was speeding.....

 

Thanks for everyones help. First of all my purpose is clarification of how to approach this. I don't plan on arguing his case, just getting advice and experience from members more knowlegable than I.
He did what is known here as a slow rolling stop. He was on a one way side street, at the intersection of another one way side street. The light was one short block to the right. The PO was parked on the other side of the street, evidently looking for cars pushing the light, not even close to the Stop sign. My son was about to turn, saw that the light would be red for him, and chose to go straight and then turn to cross the intersection at the next street.
He did not just blast thru a Stop sign. I guess you would have to know where it was and be familiar with the location.
My son is 22 years old and was in his 12 year old Jeep Cherokee. He has never had an accident, or any citations, not even parking tickets. His Jeep is Black, not even Red with a Stock Muffler. He will chose what to do.
In this State any moving violations are points on his license and possible Insurance Ramifications.
Barrier

 

 

My son just clarified for me. He didn't even do a rolling stop. ( I just jumped to that conclusion because I often do rolling stops)
He stopped at the Stop Sign which is before the crosswalk, then started to turn right, saw the Traffic Light had just turned red, so he decided to go straight and make his turn on the next block. The PO must have noticed him after he had started to turn and change direction. I guess he assumed my son just went thru the Stop Sign.
Still gave him a Ticket for going thru Steady Red Light at a Location that had no Traffic Light just a Stop Sign.
It's interesting and makes me understand why we pay Lawyers. I thought I got it right the first time but it took some discussion to get it right on my part. A good Lawyer should understand and ask the questions I didn't, and then argue the case correctly.
Barrier

 

That's exactly why we have traffic courts. I'm sure the officer thought your son didn't stop but should have questioned him a little further. I would have asked your son why he didn't stop and hopefully he'd have said he stopped and explained. I'd have let him go with a warning.

Based on your son's description I'd encourage him to fight it and if he doesn't feel comfortable doing it himself then I'd see that he gets a good attorney, although even a poor attorney should be able to win this one. Good Luck!

 

Not sure in your state, but I think the chapters and sections of motor vehicle laws are all the same across the USA...with that said I believe the chapter and section code for a STOP SIGN Violation and a RED LIGHT Violation are the same....one code for either offense.

 

Not in AZ. Here they are not only different chapters but also sections. I'd research the code that was written and my guess is the officer just put the wrong wording.

 

Does anybody know the code in New York? This would make a major difference. If the code is the same as was mentioned, I think he might need a Lawyer.
Barrier

 

Any NY PO know the answer to this? I have tried Google and get nowhere.
thanks
Barrier

 

I often do rolling stops)


There is no such animal. A full stop is required.. Also at a stop sign and if a light is continuously red, the law requires a full stop then go. Being as the intersection contained both devices, i would stand my ground and go to court.. photograph the intersection from all angles and directions, take them with you and present your case.

 

A buddy and me were at a "gentlemans" club one night and left in my wifes Mitsu Eclipse (yeah she is cool and lets me go if I want. Have not been in several years though). I was pulled over about 1/2 mile down the road for running the stop sign coming out of the club. The officer approached the car and asked me if I knew why he had pulled me over. I told him no sir. He stated "because you ran through the stop sign". Well there is not stop sign or stoplight within 1 mile of that place. I didn't argue with him. I just looked at my buddy and kept my mouth shut. Of course he asked if we had been drinking and within a few minutes we were on our way home with no ticket or warning, etc. I think this one was not an honest mistake. He knew there was no stop sign there. He was trolling for people coming out of there that had been drinking. The more I thought about it the madder it made me. If you are going to pull me over, do it because I screwed up not just to see if I screwed up.

I think in your case the cop made an honest mistake but you never know.....

 

Is the NYS Law the same for Traffic Light as it is for a Stop Sign?
Barrier