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Ticketed for "Improper Start"

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Old Oct 8, 2007 | 09:15 PM
  #21  
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Originally Posted by CoyoteSR5
I agree...but doesn't he have to appear in court for his word to be used? ...And with no name on that ticket, what does that allow??

And what is the traffic school all about? I've heard of it, but have no clue what it's all about...?
Look close there is probably a Badge # on the ticket somewhere. If not when you go to court the judge will ask the LEO if he issued the cite. He'll say yes and the judge will say "state your case"

As these wannabe lawyers here saying fight it on a tech will just help you dig youself in deeper.

TRAFFIC SCHOOL. This is where you go to court and ask if you can do TS. If so then the ticket is dropped when you complete TS. No Points no problems.

In Nevada and some other staes you can do TS online.
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Old Oct 8, 2007 | 09:20 PM
  #22  
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I'm not a lawyer (but I have stayed at a Holiday Inn Express!) but I think there is enough variation in the traffic laws from one jurisdiction to the next that there is probably nothing relevant that any of us can tell you unless we happen to be in South Carolina. It might be worth consulting a South Carolina attorney, however. He/she could tell you authoritatively whether or not you have a case. Good luck!

PS: I don't have a lot of experience with attorneys but I think that initial consultations are typically free... at least here they are. That might be another thing that varies from one jurisdiction to another... I don't know.

Last edited by 2000_Convertible; Oct 8, 2007 at 09:33 PM.
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Old Oct 8, 2007 | 09:29 PM
  #23  
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Originally Posted by sneakelman
No name on the ticket....fight that sucker. A ticket has to be filled out properly and fully for it to be legal. Same as if he had not written the license number on there. Sounds like a win to me. Good luck!
Not Guilty,Not Guilty. The judge will read the ticket with no name and just might get so mad at the police offier(you don't know what kind of problem the cop causes or what problems he has created for the dept or town. Not Guilty, no name. Take your chances and go to court. Good Luck.>George
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Old Oct 8, 2007 | 09:32 PM
  #24  
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Originally Posted by CoyoteSR5
Apparently "improper start" means leaving a red light, getting up to 3000RPM and letting the car wind down before the next light... I didn't spin tires or anything a normal driver wouldn't do...He heard my exhaust and assumed I was hualing a$$...

I plan to fight this ticket in court...but does anyone have any suggestions or experience with this type of "violation"??

This same local city cop has been eyeing my Torch Red Z since June...and I guess he thought he could give me a ticket this time..

I dont know if it makes a difference or not, but the officer failed to write his name on the ticket!? I'm not sure what this means, but I'm sure it may help me get this ticket dropped... Hopefully. lol

Any comments would be appreciated!
In many areas this could fall under the disorderly conduct umbrella. You can't defend your actions because the majority of people don't 'act' the way you did. As stated earlier, put on a clean suit and be straight with the judge. Forget about the officer's name missing from the ticket. That defense tries to make the officer look stupid. Good luck convincing the judge on that one.
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Old Oct 8, 2007 | 09:40 PM
  #25  
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You don't have any way of proving that you only went up to 3000 and then back down. It's your word against his and guess who the judge will believe. Don't get me wrong, I'd still go to court and explain my side and hope the judge thought I was possibly being straight with him. (0r her) You might catch the judge in a forgiving mood, and the LEO might not even show up.
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Old Oct 8, 2007 | 09:40 PM
  #26  
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my goodness are they going to criminalize wearing certain colors of T-shirts while driving next? this is such a crock! it seems every day the fist of oppression punches down even harder on everyone. how can it possibly be illegal to do something which isn't even remotely dangerous, hazardous, or even annoying to others? I don't know the specifics of what you did of course, but the way I read it it doesn't sound anywhere out of the ordinary for average safe driving. you were being profiled and treated unfairly because your car looks like the type of car a careless driver would own. most of us know that is simply not true. its really a sad day when you have to be afraid of something like this.
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Old Oct 8, 2007 | 10:01 PM
  #27  
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The officer has to put down the offense correctly.
What this means is, if he makes a mistake & there is not a statue for that offense or he puts wrong offense down...you are Not Guilty.

It's all on you but, if you go on the internet & look it up what the offense is he wrote you up for, he may have written the wrong offense.

(Example)
Someone takes off super fast, the whole nine yards.
Officer writes you up for reckless driving.....you are innocent under California law.
Why?
California law states you must be doing over 20 miles above the limit, to be considered reckless driving.

If he wrote you for exibition of speed.......Guilty, go directly to jail.
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Old Oct 8, 2007 | 10:33 PM
  #28  
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IMPROPER start/stop South Carolina 56-5-2110

--------------------------------------------------------------------------------

South Carolina


ARTICLE 15

STARTING AND TURNING; SIGNALING
SECTION 56-5-2110. Starting of a vehicle.

No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
.
Does this apply to you, that is not what i'm reading.
I think officer did a oooppppsssss.
.
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Old Oct 8, 2007 | 10:44 PM
  #29  
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It's funny how the young ones always get the bogus and unjustified tickets.
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Old Oct 8, 2007 | 10:50 PM
  #30  
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id say fight it but you would prob be wasting ur time. defensive driving. darn pigs.
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Old Oct 8, 2007 | 10:59 PM
  #31  
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Originally Posted by supergee
Mistakes on tickets do NOT mean that they will be thrown out. If the cop shows up to court, the judge will have him clarify things and you're back to square one. Go to court, be polite, plead it down.


Go to court, be polite & explain the yourself. Don't become a smart#@% about it, even if the cop is there, just continue to be polite & use yes sir, no sir. Most judges respect that & will reduce it or just dismiss it all together. Good Luck!!
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Old Oct 8, 2007 | 11:07 PM
  #32  
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Originally Posted by 2000_Convertible
I'm not a lawyer (but I have stayed at a Holiday Inn Express!) but I think there is enough variation in the traffic laws from one jurisdiction to the next that there is probably nothing relevant that any of us can tell you unless we happen to be in South Carolina. It might be worth consulting a South Carolina attorney, however. He/she could tell you authoritatively whether or not you have a case. Good luck!

PS: I don't have a lot of experience with attorneys but I think that initial consultations are typically free... at least here they are. That might be another thing that varies from one jurisdiction to another... I don't know.

bingo.

Vega$Vette: we don't even HAVE traffic school in SD, (for everyone now) nor do we have points.. nor do cops show up on first date, you just go plead guilty or not guilty and get 30 more days to pay your fine. Then the prosecutor calls you and reviews your case, offers you a plea... that's as far as I've gone in SD. The prosecutor knocked one in half and wiped the other. check with your insurance company, is going to affect your rates? If yes, fight it.. if no, consider if it's worth it and do what you feel is correct. If you weren't breaking the law, fight it, it's your right. You shouldn't have to go to traffic school for doing nothing wrong.

Chris
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Old Oct 8, 2007 | 11:08 PM
  #33  
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I would go to court and tell the judge you request the officer to appear (you must first plead not guilty and set up a trial date). Make sure you request from the judge that the officer appears at your trial so you can cross examine him (its the law). Explain to him the "No officer name thing". He will either drop it on the spot or you will go to court and wipe the floor with the officer and then get it dropped. I got a ticket (along time ago) for having my stereo up too loud. The officer wrote "excessive motor noise" on my ticket. I went to court and the judge threw it out for the officer filling it out wrong. You will win!!! Have fun!
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Old Oct 8, 2007 | 11:33 PM
  #34  
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Originally Posted by kirby_24


Go to court, be polite & explain the yourself. Don't become a smart#@% about it, even if the cop is there, just continue to be polite & use yes sir, no sir. Most judges respect that & will reduce it or just dismiss it all together. Good Luck!!
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Old Oct 8, 2007 | 11:43 PM
  #35  
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If you believe the citation was unjust, write the DA of the court you're supposed to appear in. I did this when I was ticketed for speeding while passing a large truck. (go figure) If you can prove to the DA that you were safe in your actions, they'll work with you. In my case the charges were dropped period.

Also note that a letter will typically take a week or two to get to the desk of the DA so you may need to ask for an extension on the court date. If this doesn't work, then you can use any of the other strategies mentioned.

I've never heard of an "improper start"....I've heard of exhibition of speed, but that's tire chirping, burnouts, wheelies and other erratic driving

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Old Oct 9, 2007 | 12:12 AM
  #36  
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Good luck in court!
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Old Oct 9, 2007 | 12:36 AM
  #37  
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Okay, after reading all the post in the thread, I came to one conclusion. Everyone posting here must be under 20 years old (okay, 30), and you all should never give out legal advice.

The cop forgot to put his name on the citation. Whoopty doo. If you think that this will get you off Scott free, you're in for a short and costly court date. Just as you can change your plea, or plea to a lesser infraction, so can the courts alter a mistake on a ticket, especially something as trivial as a moving violation. A mistake on a ticket is not the same as having your civil or Miranda Rights violated, something that can get your charges thrown out of court.

If the cop put down that you were going warp factor 9, and you were only doing warp factor 4, they can change it in every court I've ever attended and continue on with the case. The only difference will be the cost of the fine. More speed equals more money you'll pay, but speeding is speeding, end of story (that goes for jack rabbit starts no matter if you hit 3000 or 6000rpm's). If the cop feels it was dangerous, then ticket in hand you will have.

Cops charge people with more serious crimes all the time and then the D.A. determines if he can get a conviction or not of those said charges. If not, they drop the ones that they feel won't fly and add any that they think will stick. This is common across the entire United States.

If you feel that a cop has your number in your city, why would you drive in a manner that would bring attention to yourself? A car with this much horsepower comes with some real responsibility and is why I'm glad I don't see 15 year olds on the road with them. There would be a lot less tress standing if there was.

As you've guessed, I'm either am a LEO or use to be one. I am the latter. However, since I left the force 18 years ago, I've been cited for speeding about 12 times. Only once did the ticket go on my record. The rest were traffic school or plead down to faulty equipment. The faulty equipment ones cost me $30 plus court cost ($129 were I live), and if I had to pay my attorney, that would have ran anywhere from $60-$90 bucks. The traffic school ones were so cheap I don't remember what they cost, but they were well worth the investment.

So as you see, I've been on both sides of the law when it comes to driving. I also do a lot work for a lot of attorneys so I always have one who owes me a favor or two. With that said, it doesn't cost much to hire an attorney to represent you in a traffic case like the one you have, and most of the time you don't even have to show up for court (I never did). If a hundred bucks seems like a lot to you, maybe you should think about a car with a lot less horsepower.

With all that said, pay an attorney to plea the case down to faulty equipment (if you can do that where you live) and pay the piper. It won't go on your record or cost you points if your state is similar to mine. Cops go to court all the time, you don't. You're going into their playground with your limited knowledge of the law, and the tables tilted in their favor. This is child's play for them and they will expose your weakness. You're going to have to pay someone, and if you go in there with your inexperience, you'll be paying three times what a lawyer would have cost.

I have fun in my car all the time and my bad cop driving habits rear their head every once in a blue moon. But I don't have any cops stalking me and I'm very cordial and respectful if I am pulled over. That gets me out of 50% of all the tickets I could have gotten. If you can't do this or have the hook ups that I have, drive like you've got some sense or pay the piper.

The choice is totally up to you.

And to Mr. Lau, yes you can get ticketed for driving slower than the flow of traffic, even if everyone else is speeding. Your impeding the flow of traffic is considered more dangerous than the speeders and that's exactly what they will site you for. It may not seem fair, but that's the way it is especially on southern California freeways were the average speed is 70 MPH, although the posted speed is 55 MPH.

Last edited by Junkman2008; Oct 9, 2007 at 12:44 AM.
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To Ticketed for "Improper Start"

Old Oct 9, 2007 | 12:58 AM
  #38  
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Originally Posted by lil vette
The officer has to put down the offense correctly.
What this means is, if he makes a mistake & there is not a statue for that offense or he puts wrong offense down...you are Not Guilty.

It's all on you but, if you go on the internet & look it up what the offense is he wrote you up for, he may have written the wrong offense.

(Example)
Someone takes off super fast, the whole nine yards.
Officer writes you up for reckless driving.....you are innocent under California law.
Why?
California law states you must be doing over 20 miles above the limit, to be considered reckless driving.

If he wrote you for exibition of speed.......Guilty, go directly to jail.
.
Reckless Driving
23103. (a) Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Any person who drives any vehicle in any offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104.

Amended Sec. 19, Ch. 739, Stats. 2001. Effective January 1, 2002.


http://www.dmv.ca.gov/pubs/vctop/d11/vc23103.htm
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Old Oct 9, 2007 | 01:01 AM
  #39  
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Originally Posted by CoyoteSR5
Apparently "improper start" means leaving a red light, getting up to 3000RPM and letting the car wind down before the next light... I didn't spin tires or anything a normal driver wouldn't do...He heard my exhaust and assumed I was hualing a$$...

I plan to fight this ticket in court...but does anyone have any suggestions or experience with this type of "violation"??

This same local city cop has been eyeing my Torch Red Z since June...and I guess he thought he could give me a ticket this time..

I dont know if it makes a difference or not, but the officer failed to write his name on the ticket!? I'm not sure what this means, but I'm sure it may help me get this ticket dropped... Hopefully. lol

Any comments would be appreciated!
get a lawyer.
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Old Oct 9, 2007 | 01:29 AM
  #40  
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He was just busting your chops for a laugh! He didn't forget to sign his name it was intentional, and he won't be in court either! HELLO!

Originally Posted by CoyoteSR5
Apparently "improper start" means leaving a red light, getting up to 3000RPM and letting the car wind down before the next light... I didn't spin tires or anything a normal driver wouldn't do...He heard my exhaust and assumed I was hualing a$$...

I plan to fight this ticket in court...but does anyone have any suggestions or experience with this type of "violation"??

This same local city cop has been eyeing my Torch Red Z since June...and I guess he thought he could give me a ticket this time..

I dont know if it makes a difference or not, but the officer failed to write his name on the ticket!? I'm not sure what this means, but I'm sure it may help me get this ticket dropped... Hopefully. lol

Any comments would be appreciated!
Reply



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