OT - Legal Advice.......
05-27-2003, 07:24 PM
#1
Burning Brakes
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OT - Legal Advice.......
OK,
Lets say some dumbass was driving his car to work this morning and got pulled over and cited for infraction 23111 (throwing a lit substance from a vehicle).
What is that dumbass in for with regards to the fine and yada yada yada?
Should said dumbass go to court and try some inspired clever tactic to reduce the severity of this or bite the bullet and take whats comin'?
Not that I know this dumbass personally of course!
I know we have some legal guys on the board so any advice would be GREATLY appreciated....
Lets say some dumbass was driving his car to work this morning and got pulled over and cited for infraction 23111 (throwing a lit substance from a vehicle).
What is that dumbass in for with regards to the fine and yada yada yada?
Should said dumbass go to court and try some inspired clever tactic to reduce the severity of this or bite the bullet and take whats comin'?
Not that I know this dumbass personally of course!
I know we have some legal guys on the board so any advice would be GREATLY appreciated....
05-27-2003, 07:27 PM
#2
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Bernie,
I take it that this is illegal due to the amount of forest fires in your area ?
I am laughing with the dumbass not at the dumbass.
Sure glad we don't have an infraction 23111 here!
Tim
I take it that this is illegal due to the amount of forest fires in your area ?
I am laughing with the dumbass not at the dumbass.
Sure glad we don't have an infraction 23111 here!
Tim
05-27-2003, 07:42 PM
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Check out Ticketassassin.com (spelling?) Its a site dedicated to fighting moving violations.
Not sure it will be helpful here, but it has great info on other CVC sections.
Not sure it will be helpful here, but it has great info on other CVC sections.
05-27-2003, 08:18 PM
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Bernie,
Man, I hate people who litter. If you ever do meet the dumbass who did that, tell him to use the ashtray in his car. <img border="0" title="" alt="[Wink]" src="wink.gif" />
All kidding aside, about the only option that I see is to show up for the court date and hope the cop doesn't so it gets pitched. I don't know how it works in California, but if there is a prosecutor at this stage, get there early and try to talk to them and see if there is something they can/will do for you just to get it off the docket. I used to make deals all the time because I thought traffic court was beneath me and I just wanted to get out of there.
If that fails and the cop does show, go ahead and pay because if it's his word against yours, he'll win (and you'll go to hell for lying...). Be careful taking it to the judge, if there was something else the cop could have written you for but didn't, they can tack that charge on right then and get you for that to. Check the margins of the ticket for speed or other codes. We used to have guys who had been doing 80 get written for only 75 and then fight the ticket. Trooper testifies that the reading on the radar was 80, and the judge would adjust the ticket up.
If you have a circle with a dot in the middle in the margin, mail in your check b/c there will be no deals.
Good luck.
Man, I hate people who litter. If you ever do meet the dumbass who did that, tell him to use the ashtray in his car. <img border="0" title="" alt="[Wink]" src="wink.gif" />
All kidding aside, about the only option that I see is to show up for the court date and hope the cop doesn't so it gets pitched. I don't know how it works in California, but if there is a prosecutor at this stage, get there early and try to talk to them and see if there is something they can/will do for you just to get it off the docket. I used to make deals all the time because I thought traffic court was beneath me and I just wanted to get out of there.
If that fails and the cop does show, go ahead and pay because if it's his word against yours, he'll win (and you'll go to hell for lying...). Be careful taking it to the judge, if there was something else the cop could have written you for but didn't, they can tack that charge on right then and get you for that to. Check the margins of the ticket for speed or other codes. We used to have guys who had been doing 80 get written for only 75 and then fight the ticket. Trooper testifies that the reading on the radar was 80, and the judge would adjust the ticket up.
If you have a circle with a dot in the middle in the margin, mail in your check b/c there will be no deals.
Good luck.
05-27-2003, 08:43 PM
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Speaking of tickets...I knew this would happen to me.
I misplaced the ticket i got on the BlueRidge Parway during SITM that Ranger Rick gave to me. 62 in a 45 and 75 bucks..anyone else who got pulled over or issued a warning have an address or contact number i could use from there ticket? thanks
I misplaced the ticket i got on the BlueRidge Parway during SITM that Ranger Rick gave to me. 62 in a 45 and 75 bucks..anyone else who got pulled over or issued a warning have an address or contact number i could use from there ticket? thanks
05-27-2003, 09:04 PM
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Whoa ... California really does not like littering ! basic fine minimum $100 up to $1,000 for first offense plus manditory 8 HOURS of litter pick-up ! This could get ugly .......
05-27-2003, 09:09 PM
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Bernie:
If it was me, I would plead NG, do discovery, and then ask for a deal. If you wait until the court date, you had better be fast on the draw. Remember that the prosecutor wants a conviction no matter what. You need to be prepared to fight and can do discovery once you have a court date. If you want to send me a private email, we can talk more in detail. <img border="0" alt="[icon501]" title="" src="graemlins/icon501.gif" /> <img border="0" alt="[bigbye]" title="" src="graemlins/xyxwave.gif" />
If it was me, I would plead NG, do discovery, and then ask for a deal. If you wait until the court date, you had better be fast on the draw. Remember that the prosecutor wants a conviction no matter what. You need to be prepared to fight and can do discovery once you have a court date. If you want to send me a private email, we can talk more in detail. <img border="0" alt="[icon501]" title="" src="graemlins/icon501.gif" /> <img border="0" alt="[bigbye]" title="" src="graemlins/xyxwave.gif" />
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05-27-2003, 09:13 PM
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</font><blockquote><font size="1" face="Verdana,Tahoma,Helvetica">quote:</font><hr /><font size="2" face="Verdana,Tahoma,Helvetica">Originally posted by Tony:
<strong>I misplaced the ticket i got on the BlueRidge Parway during SITM</strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">Whoah, Tony. You DROVE your 928 to SITM? That's HUGE! I assumed all this time that you had flown in. Nice work (getting out there from Vegas - not the ticket :-). Or were you flogging the rental, a la Jay Kempf in the 300E on the Nurburgring?
Dan
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<strong>I misplaced the ticket i got on the BlueRidge Parway during SITM</strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">Whoah, Tony. You DROVE your 928 to SITM? That's HUGE! I assumed all this time that you had flown in. Nice work (getting out there from Vegas - not the ticket :-). Or were you flogging the rental, a la Jay Kempf in the 300E on the Nurburgring?
Dan
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05-27-2003, 09:48 PM
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I was flogging Bens 89GT. Well, not flogging it that badly, i think Ben is happy the car got out for a run though, even though it did get wet. <img border="0" alt="[cheers]" title="" src="graemlins/beerchug.gif" />
05-27-2003, 10:57 PM
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You can always use the "Sneezing" defense! (I forget who first suggested it here, but I'm liking it more and more!)
"Your Honor. (aa aaaa aaaaaaa CHOOOO!) I was smoking when all of a sudden I had a sneezing fit! A rapid succession of 4, 5, or 6 sneezes. The cigarette inadvertainly fell out of my hand and was sucked out the window while I was attempting to maintain control of the vehicle."
LOL!
"Your Honor. (aa aaaa aaaaaaa CHOOOO!) I was smoking when all of a sudden I had a sneezing fit! A rapid succession of 4, 5, or 6 sneezes. The cigarette inadvertainly fell out of my hand and was sucked out the window while I was attempting to maintain control of the vehicle."
LOL!
05-27-2003, 11:57 PM
#11
Burning Brakes
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Thank you for all the input guys,
Dumbass needs as much help as he can get.
You may need to wave to him with his poker stick on the side of the highway as you wizz past in one of those wonderful German carriages.
Please do not throw anything at him as that would be littering......
This is interesting?
The ticket says:
23111 VC (Throwing Lit / Unlit Object from vehicle)
This tells me that the officer had no knowledge of whether or not the object that left the vehicle was aflame or not?
He doesn't know?
When I did a little checking on the violation, I could not find that particular term used anywhere? Infraction 23111 seems to indicate ONLY a lit object with no reference anywhere of an unlit object being included as part of the same infraction.
Kinda like saying "well, was it lit or not"?
I have found no hidden junk on the ticket. The posted limit was 65 and approx. speed at 55.
Is it a lessor offence to throw a unlit object out your window vs. a lit object?
Obviously, this officer states right on the ticket that it was either lit or unlit?
Sorry, Randy and all for the OT dribble but this could be worth a few bucks if you get my drift?
Dumbass needs as much help as he can get.
You may need to wave to him with his poker stick on the side of the highway as you wizz past in one of those wonderful German carriages.
Please do not throw anything at him as that would be littering......
This is interesting?
The ticket says:
23111 VC (Throwing Lit / Unlit Object from vehicle)
This tells me that the officer had no knowledge of whether or not the object that left the vehicle was aflame or not?
He doesn't know?
When I did a little checking on the violation, I could not find that particular term used anywhere? Infraction 23111 seems to indicate ONLY a lit object with no reference anywhere of an unlit object being included as part of the same infraction.
Kinda like saying "well, was it lit or not"?
I have found no hidden junk on the ticket. The posted limit was 65 and approx. speed at 55.
Is it a lessor offence to throw a unlit object out your window vs. a lit object?
Obviously, this officer states right on the ticket that it was either lit or unlit?
Sorry, Randy and all for the OT dribble but this could be worth a few bucks if you get my drift?
05-28-2003, 01:51 AM
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Hey Bernie,
Sorry to here about the ticket. I don't know if this would work but when I was living in Las Vegas I recieved 3 speeding tickets and luckily I had heard through word of mouth that there was a lawyer in town that could get my ticket reduced to a parking violation. So, All I had to do was go by his office and drop off my ticket a the desk and they told me to call them in 30 days, which I did and they told me to stop back by with a check made out to the court for $50 and that was it. The ticket was dropped to a parking violation and all I had to pay was the $50. Now, I have no idea how this works or how the lawyer makes money, but I do know that it saved me many points and a lot on insurance.
Good Luck in the Battle,
Sorry to here about the ticket. I don't know if this would work but when I was living in Las Vegas I recieved 3 speeding tickets and luckily I had heard through word of mouth that there was a lawyer in town that could get my ticket reduced to a parking violation. So, All I had to do was go by his office and drop off my ticket a the desk and they told me to call them in 30 days, which I did and they told me to stop back by with a check made out to the court for $50 and that was it. The ticket was dropped to a parking violation and all I had to pay was the $50. Now, I have no idea how this works or how the lawyer makes money, but I do know that it saved me many points and a lot on insurance.
Good Luck in the Battle,
05-28-2003, 02:14 AM
#14
Burning Brakes
Thread Starter
</font><blockquote><font size="1" face="Verdana,Tahoma,Helvetica">quote:</font><hr /><font size="2" face="Verdana,Tahoma,Helvetica">Originally posted by Gregg K:
<strong>The REAL offense was doing 55 in a 65. What a shame. I'd have never admitted that. Haha.</strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">LMAO
<img border="0" alt="[hiha]" title="" src="graemlins/roflmao.gif" />
That is funny Gregg......
The problem was that the dumbass saw him right after the "implied infraction" and the officer followed dumbass for approx. 15 minutes before finally deciding to pull him over......
I guess he thought he was going to get a speed infraction too if he held out for awhile...
<strong>The REAL offense was doing 55 in a 65. What a shame. I'd have never admitted that. Haha.</strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">LMAO
<img border="0" alt="[hiha]" title="" src="graemlins/roflmao.gif" />
That is funny Gregg......
The problem was that the dumbass saw him right after the "implied infraction" and the officer followed dumbass for approx. 15 minutes before finally deciding to pull him over......
I guess he thought he was going to get a speed infraction too if he held out for awhile...
05-28-2003, 03:27 AM
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Hey Bernie,
Ya…no doubt…I’d be embarrassed with the 55 in a 65 but what the hell…dumbass probably didn’t want to blow the cherry off the end right????
Anyway…I can only imagine you are talking about a small town cop…guessing where you live and all…so…dumbass’s “lit” was un-lit…simple as that…and…you didn’t throw it out the window…it slipped…who’s to say…it really depends on how “dumbass handled themselves at the scene of the ledge crime…was it night or day? Small town cop…he will show up…what else is on his docket for the day…you know…If I’m in a pissey mood and sum law enforcement is following me especially in a smaller town…sum 15 miles later no less…I simple pull over and ask them if there’s anything I can do to help them out…these guys think or believe a Porsche just reeks of speeding fines and will follow until they get sum-thing better such as that donut call.
Bottom line…if whoever this “dumbass” is…is really worried about any infractions on their DMV records…get an attorney for a few hundred bucks and save what you may pay later in higher insurance fees…. I can attest though I’ve covered countless forest fires from tossed cigarettes or O’h my god…the almighty “dobbie”
In Alaska…we call it Mat-nuska-thunder-F**K
But…each their own
Ya…no doubt…I’d be embarrassed with the 55 in a 65 but what the hell…dumbass probably didn’t want to blow the cherry off the end right????
Anyway…I can only imagine you are talking about a small town cop…guessing where you live and all…so…dumbass’s “lit” was un-lit…simple as that…and…you didn’t throw it out the window…it slipped…who’s to say…it really depends on how “dumbass handled themselves at the scene of the ledge crime…was it night or day? Small town cop…he will show up…what else is on his docket for the day…you know…If I’m in a pissey mood and sum law enforcement is following me especially in a smaller town…sum 15 miles later no less…I simple pull over and ask them if there’s anything I can do to help them out…these guys think or believe a Porsche just reeks of speeding fines and will follow until they get sum-thing better such as that donut call.
Bottom line…if whoever this “dumbass” is…is really worried about any infractions on their DMV records…get an attorney for a few hundred bucks and save what you may pay later in higher insurance fees…. I can attest though I’ve covered countless forest fires from tossed cigarettes or O’h my god…the almighty “dobbie”
In Alaska…we call it Mat-nuska-thunder-F**K
But…each their own