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NSX owners, beat your ticket - increase your chances

Joined
11 September 2005
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Location
Southern California
originally posted in another tread but it was OT so I started this one.

ALWAYS DISPUTE EVERY SINGLE MOVING VIOLATION TICKET regardless why, how, what, where.

Quick story. I got caught on camera "running" a red light on Victoria Blvd in Ventura. Following behind this lady in a mustang taking a left turn, she some how slowed down to a crawl before the light and as i passed the line, it turned red and i got caught for "running" a red light.

Not my fault i thought so i'll go dispute the ticket when it comes in the mail.

Well when it did, the second i saw it, i got a knot in my throat. The ticket showed me, in my car, at the line, lights red. Next one was me in the intersection with lights red. How do you dispute that?! Most people would have saw the evidence, paid the ticket and got a point on the record.

I thought, well im screwed if i do, screwed if i dont. So long story short, i go to court, with the ticket, photo, evidence in my shirt pocket. Its 9am, I get to court, A officer was THERE! No chance of it getting thrown out for someone not showing up. Thinking i was totally screwed, the judge calls my name and the officer up to the bench. We stand there, he looks at me, I look at him and before the judge says anything, the officer asks that my case be dismissed because they did NOT recieve any EVIDENCE of the violation.

It turns out, since i pull the court trail for so long, the company that process the ticket did not send out the photos to the officers. No evidence, no conviction.

Always go to court and contest your ticket regardless of the circumstance. I went to court for a tinted window. Would have won too if i was on top of my game that day.

Here is a history. So far this year I have successfully disputed 4 moving volition tickets.... that's saved me:
- 8 hours of traffic school (to remove 1st point
- 3 points off my record
- getting insurance at bottom dollar
- saved money for the next 3 years in insurance
- maintained my right to take traffic school to remove an ticket in the future
- my ability to drive


Im a good driver by all means, never got into any accidents, i just enjoy driving my own cars fast. Im sure many of us also take joy in the activity of safe performance driving. Sometimes, we are just not that lucky and get tagged.

First off, everyone needs a valentine ONE radar detector. Its 400$ and will pay for itself after it saves you once. there are somethings you can buy cheap, radar detector is not one of them. NOTHING Is better than V1, period.

Also its pointless to have a radar detector if you dont use it. I still have one more speeding ticket to dispute and would have avoided it if i was using my V1.

I understand that most people dont know how to start this process and work with the system so here is a little over view of what happens.

I live on Socal, in Los Angeles so i dont know if this applies for TX or NY.

This is only a post on how you can increase your chances of winning a moving volition ticket, its never a sure thing

======

When you get your ticket, you have 2 month to pay or dispute your ticket.

Don't pay. that's #1.

On the day your ticket is due. go to the court house at about 11am. That's when there are least amount of people since most of them are at work and the first timers all go to court at 9am since the ticket says for you to be there at 9am.

You have the full day to submit your plea or pay for the ticket so any time from 9am till close is good.

Depending on which county, you can have an option to automatically extend your ticket on line at

http://www.lasuperiorcourt.org/Traffic/index.asp?RT=DL

on the left hand screen you can search for your ticket by your DL or ticket citation number.

This will extend your ticket for 45 days after your initial 2 month. At this time you will need to go to court at tell them that you would like to dispute your ticket.

enter your plea of NOT guilty at the clerks window and they will set you a court date for when you will come and see the judge in about 30/45 days.... I think its one or the other.

Don't get all excited and prepare an argument for your defense just yet.

This initial court appearance if where you face the judge and make a plea of guilty, not guilty and no contest. They will try to scare you in to making a plea of guilty/no contest by giving you the " IF YOU are found guilty, you can lose your right to attend traffic school and also fines can be INCREASED" mumbo jumbo. The bailif at the chatsworth court house does the best you better plead guilty/NC speech in the world. Total smooth operator. If he can talk everyone in to paying on average of 300$ and getting a point on their record, he must be very good with the ladies :tongue:

Personally when I lost which was only once, I asked the judge for traffic school and he gave it to me with out hassle.

Traffic school is not to be wasted lightly. Its your one time chance to redeam your driving record and it is only good for once in 13 month! Dont use your get out of jail free card when you dont have to. Save it for those 99MPH in a 15mph school zone tickets.

Most people after hearing that will plead guilty/NC

You on the other hand will not get bullied into making this plea and you will plea not guilty. They will give you a court date with in 45 days of this plea at which time you will need to come in and face the officer.

Depending on the court, you have to either pay your full ticketed amount right now. In LA county, you will need to pay for the ticket up front. In Ventura however, they only make you pay once you have found you guilty in your face to face appearance with the officer.

Bring your check book just in case.

Ok, so they set your court date. Here is the tricky part.

10 WORKING DAYS before your scheduled appearance to face your accuser, you go to court and ask for an extension.

They will give you a forum to wave your right to a speedy trial and you just ask them extend the trial at the latest time possible which is usually an additional 60 days.

If everything goes well, the officer will forget/not be notified that his court date has been extended and will come to court and feel stupid.... (making the officer feel stubid is not the goal, our goal is to win the ticket. for all officers reading this post, i love you.)

or 2 month later, he does not show up because he did not get the MSG/does not remember the events or just decides not to show up.

Usually from the date of occurrence to when you actually stand trail in court facing the officer, you can pull out this time period by 8-9month.

Yes, it is long time to have this issue over your mind but with luck it does pay off.

here is a few scenarios of what can happen.

a) best case, officer does not show up to court because:
-he didn't get the msg that you extended the court trial.
- lost his note book and could not remember which traffic stop out of the thousands of traffic stops was yours, at which time he will not show up because he is not a competent witness and will not want to waste his time.
-just does not feel like coming because he is a slacker like the rest of us.

b) he shows up
-you provide a good defense and you win.
- he kicks your butt, and you ask for traffic school. ( no harm no foul since it is your constitutional right to face your accuser in court and allow the other party to prove your guilt. it would have been this out come anyways so you have nothing to lose )

So far this year, I have had 3 no shows and another one showed up but decided to dismiss the ticket because he forgot what happened and was not a competent witness.

I lost one recently for a window tint which I could have won but I was being stupid and messed up with my defense. only 131$ and no points. No biggy.

Im still trying to figure out a few more tricks of the system.

every ticket saved is $ in your pocket for the next 3 years.

if you have any questions, feel free to PM, email or phone me.

Happy motoring.

Rob
 
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well we are still in the same country and we are all afforded the right to question our accusers. If there is a no show, no witnesses/competent witness, then there will be a no conviction and thats our goal.
 
I would be interested in seeing what Illinois law is.. they are brutal here.

I live in St. Louis, Mo. and in March, I was coming home from the NSXCA dinner that was in DesPlaines, Il. and I got popped in Springfield, Il. by the Il. Highway Patrol from on top of a bridge. I have a K40 built in the front of my NSX, it was there when I bought it, and there was zero warning, it just went off screaming. The long and short of it was they gave me 90 days of supervision. No tickets in that period and everything vanishes. Mission accomplished.
 
you guys in Illinois have it made.

No such thing here as supervision here. Its straight "show me the money"

Probably hit you with a laser thus no warning. Hard to defend against that.
 
No need to go to court.

I talked to a traffic attorney and he says the best way is to contest the ticket by trial by decleration (written).

Officers get paid over-time to show up to trial court, so this gives them an incentive to actually be there in court. Plus, it can be a little intimadating. You only get one chance to win your case!!

Trial by declaration is a better option:
- If the officer does not respond (written) to request, you win the case.
- Officers get paid nothing to write their side of the story to the traffic court.
- Officers do not get to see what you wrote into the court.
- Less intimidating.
- If you lose trail by decleration (written), you get a SECOND chance for trial in front of a judge. (Most courts won't tell you upfront that you get another chance, but this is your right to get a trail in front of a judge).
- If you don't have a good excuse, simply write "Not guilty." "If the judgement is not in my favor, can the court please allow me to attend traffic school".
 
i believe if you do trail by decleration if you lose, you can also appeal with an incourt trial date! :smile:

havent tried it but i have heard good things about it.
 
Its your one time chance to redeam your driving record and it is only good for once in 13 month!
I believe it's now once every 18mths. I recently got out of a photo ticket I received at the corner of Soledad/Whites Canyon. I deceided to make a left hand turn when in fact I knew the light was red. I explained to the judge why I did this and he said that he didn't like that intersection either. I received most of my money back from the bail :smile: , and of course I went to traffic school to keep it off my record.
 
Soledad and whites :)

that is the longest light ever.

18 month :biggrin:

lol even more of a reason. they must expect everyone to be perfect.
 
In AZ you don't have to pay photo radar tickets unless they are served, and process servers are pretty easy to spot at the front door.
 
I got a ticket in the mail for $246.00 for blasting through a toll out in west Texas several times in a months period. Along with this ticket was a picture of the back of my car on several occasions with my very visable license plate and number. Funny thing is I've never been out that way and the plate was Indiana and I don't drive a ford sedan although the number was the same as mine. They were very apoligetic. Indiana was clearly visable. in the pic. This is why I don't like cameras.:rolleyes:
 
In AZ you don't have to pay photo radar tickets unless they are served, and process servers are pretty easy to spot at the front door.

really?

gota love AZ.:biggrin:

they should come in a look a like van that gives out those million dollar checks with the ballons. :tongue:

Nice R34. Will it be street legal?
 
Because personal responsibility is so old fashioned. Be sure to teach your kids that they don't have to respect the rules either.

I believe we are following the rules. The officer has a personal & profeshional responsibility to prove that we are guilty in a court of law. The <strike>rule is</strike> Law is that you're presumed innocent till found guilty in a court of law. If he sees fit to ignore his responsibility and we are responsible enough to exercise our constitution rights, then we should win.

YES, I will definitly teach my kids to question the status quo, slay conformity and to exercise their constitutional rights to their fullest. It is because of our lethargic obedience to conformity which has placed us in the current state of affairs.

btw Jim, love the NSX. it looks mint! Almost a painting.
P1010047.jpg


Happy motoring. :smile:

Rob
 
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btw Jim, love the NSX. it looks mint! Almost a painting.
LOL, you sure knew how to spoil the perfectly grumpy mood I was in!

I've always viewed getting off on a technicality (such as described in the OP) as a happy bonus in life when it happens, not a strategy to be actively pursued.
 
In AZ you don't have to pay photo radar tickets unless they are served, and process servers are pretty easy to spot at the front door.

Just beat mine that way. Didnt pay or do anything to look up the ticket online, nothing to prove i ever received it in the mail. Their only option is certified mail (which you can refuse to sign) or get served. In my case the process server tried once, i spotted her at my door when i was coming home after work and just kept going. Per the state law, they have 120 days to serve you from the date of the ticket. Its been 128 days so i feel better now. So far i've saved $201.

In the past, AZ courts were issuing "default judgments" against people who didnt pay. It was found to be illegal by appealate court.

I've also read about people who contest and win photo tickets based upon their right to question their accuser. in the case of photo, they ask the judge "how can i question a machine?" and if the officer opens his mouth, they quickly object and say its heresay. :wink: Lots of good ways to beat photo here in AZ.
 
I believe we are following the rules. The officer has a personal & profeshional responsibility to prove that we are guilty in a court of law. The <strike>rule is</strike> Law is that you're presumed innocent till found guilty in a court of law. If he sees fit to ignore his responsibility and we are responsible enough to exercise our constitution rights, then we should win.

YES, I will definitly teach my kids to question the status quo, slay conformity and to exercise their constitutional rights to their fullest. It is because of our lethargic obedience to conformity which has placed us in the current state of affairs.


You aren't following the rules. You are just exploiting loopholes. People that do this with taxes go to jail and get punished so if you can justify it to yourself like that, go for it.

I'm just glad I don't live in your state where my tax dollars would go to the judges, clerks, officers, and whatnot that are having their time WASTED on PURPOSE so that you can weasel your way out of a ticket.

I'm with Skippy on this one.

Lame.
 
LOL, you sure knew how to spoil the perfectly grumpy mood I was in!

I've always viewed getting off on a technicality (such as described in the OP) as a happy bonus in life when it happens, not a strategy to be actively pursued.

:wink: i agree.

im still young and impulsive, give me a few mores years to reason & season.

Originally Posted by ONEREDNSX You are just exploiting loopholes. People that do this with taxes go to jail and get punished so if you can justify it to yourself like that, go for it.

Im not trying to jump through any loops ( i definitly need the exercise). It's in my right to face my accuser and your right also. People who EVADE taxes go to jail because it is illegal. What im doing is on the straight and narrow.

If you don't agree with these ideas, no problem. Don't implement them, just pay your ticket. If for some reason, you believe there was a misunderstanding on that traffic citation, would like to go to court, get the other point of view and also explain yourself, here is a good method to start your appeal. Regardless of your preference, we can all still be one big happy nsx family.

happy motoring everyone.:smile:

Rob
 
No need to go to court.

I talked to a traffic attorney and he says the best way is to contest the ticket by trial by decleration (written).

Officers get paid over-time to show up to trial court, so this gives them an incentive to actually be there in court. Plus, it can be a little intimadating. You only get one chance to win your case!!

Trial by declaration is a better option:
- If the officer does not respond (written) to request, you win the case.
- Officers get paid nothing to write their side of the story to the traffic court.
- Officers do not get to see what you wrote into the court.
- Less intimidating.
- If you lose trail by decleration (written), you get a SECOND chance for trial in front of a judge. (Most courts won't tell you upfront that you get another chance, but this is your right to get a trail in front of a judge).
- If you don't have a good excuse, simply write "Not guilty." "If the judgement is not in my favor, can the court please allow me to attend traffic school".



This is VERY true, and it works... I've done it three times in the last year, and won ALL three times!
 
I'm not sure where I stand on this one, I guess it depends. I go fast sometimes, we all do. Speed limits have to be the least important (non-obscure) law I'm aware of. Reckless driving, drunken driving, road rage, these are the things that the police should focus on when patrolling the roads. Drive down the highway on any given day in any given city, and if there is no cop visible, people are exceeding the speed limits. BFD.
 
I would be interested in seeing what Illinois law is.. they are brutal here.
It's EASY to keep tickets off your record in Illinois, far easier than in surrounding states.

In the Chicago area, you can get supervision (accurately described above by 96 NSX-T, a form of probation that keeps convictions off your record) BY MAIL. That's right, you never have to set foot in court. You can get it for most minor violations. You may have to take traffic school, but again, you can take the school over the internet, and never leave home. There are limits - you can't get this for alcohol-related charges, speeding must be no more than 30 over, and you can only do it I think no more than twice in a year or two. But you can do all of this, without ever going to court, without a lawyer. Instructions on how to do so are on the back of our tickets.
 
This post should be added to the FAQ. :tongue: Good info. Knowledge is power, regardless of what everyone else says. You know what they say. Don't hate the player, hate the game.
 
This post should be added to the FAQ. :tongue: Good info. Knowledge is power, regardless of what everyone else says. You know what they say. Don't hate the player, hate the game.

True dat! Play on Playa... :biggrin:
 
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