968PORSCHE

I just read the post about the ticket for 42 in a 40 and had to post this. I got one for "Failure to Yield" at a 4 way stop sign. I'm rolling down a long hill in second doing the posted 35, about a hundred yards from the stop I see a white Camry pull up and stop. The car doesn't move, I start to brake and the car still doesn't move. (driver looking down most of the time). I stop very briefly then go. I tell the cop I DID STOP, and he says "yea, I know, but I'm ticketing you for failure to yield". He also stated he gave me the ticket because the other person was there first. (Does that mean the other person can hold me hostage at the stop sign?) Ok, since he had already started writing there was nothing more to say. I didn't want to be memorable because I knew I would fight it.

The question is, did the Camry try to go? The person probably let off the brake but never got to the gas, I definitely started out before this text messaging, Latte drinking, searching in the purse for somethin moron hit the gas.

Any way I am going to win this? (Glendale PD in La Crescenta CA).

PS in 10 years I've gotten 1 ticket for speeding, stopped another time-no ticket, and perhaps there is one I don't remember.

Fred2

Controlled Intersections

* An intersection where traffic is regulated by a traffic signal or regulatory sign is a controlled intersection.
* Always stop at a multi-way stop or stop intersection. Always yield to the driver on the right if arriving simultaneously at a controlled intersection with regulatory signs, such as a four-way stop. Always yield to any driver already at or in an intersection.
* When approaching an intersection controlled with a yield sign, slow down and yield to traffic on the intersection roadway even if this requires a full stop.
* When making a left turn at an intersection, yield to oncoming traffic and all pedestrians within a crosswalk.

I would fight the ticket.
I think that the driver of the other car signaled you to go, it was just that the officer did not see it.

nkhalidi

I got a ticket for the exact same violation in Coral Gables, Fla last November. I paid Ticket Clinic (a local traffic-law firm) a flat fee plus court costs and fine, and they guaranteed the ticket would be thrown out, zero points, zero school. It's annoying - and expensive to boot - but at least there's a way out.

NYNick

I almost responded to the thread about the 42 in the 40...just stupid. Not that I get many tickets, but I never plead guilty. I fight all of them, every time, and IF the cop shows up to court they ALWAYS offer to negotiate it down, usuallly to a no/low points non-moving violation fine. Works every time.
My son and I fought two, and the first time the cop negotiated as above, and the second, a NYS Trooper, just didn't show!

As for the 42 in a 40, I'd be gunning for bear on that one. Do you really think the judge is going to convict you for 2 miles per hour? Fight these guys!

968PORSCHE

Did you essentially do the same thing? Any Idea what was said in court?

abe

42mph in a 40mph area....I wonder if you told him that you changed your 18" to the 19" tires and have not calibrated yet, would they buy it.
abe

nkhalidi

No, I didn't do the same thing as you. I was coming off a small side street and making a right onto a larger street, and I rolled through a stop sign at 5mph or so. The motorcycle cops were standing on the side of the larger street just behind a tree shooting laser at oncoming traffic. One of them saw me roll through the stop, and he just walked out to the middle of street and motioned me over. No contest, really.

I doubt anything was said in court; this particular law firm does so much traffic work in Miami-Dade that it was probably a hallway deal.

968PORSCHE

Ok thanks, hoping for advise, my court date is Tue.

Dr. No

Sounds like you DID yield; the other driver was doing something else and didn't go, so you did. Doesn't sound like you cut them off or there was any risk of an accident by doing so.

mitch236

One day, someone with a great deal of money and time will get a speeding ticket and decide to fight it all the way and set some precident about what is really admissable about how police now catch you. Right now, it is basically word of mouth with no evidence whatsoever. Cop says he has you on radar but there is no evidence that the car he shot was you.

spiderv6

I got ticketed for not coming to a complete stop before turning right on red at the end of last year. I went to court, talked to the prosecutor who looked at my clean record and changed it to a minor violation of some kind. $50 fine.

Luckily, I didn't waste the $450 on a lawyer to do the same thing for me......

968PORSCHE

Yahoo! I won, I won!!!!!! Ok I feel like a 4th grader who made a home run in kickball, but I don't care. I WON. Who said winning is'n everything. The cop showed up but they dismissed it along with a bunch of other cases where the cop didn't show. I talked to some of the officiers dismissed and they said that either the guy didn't have good notes and wrote alot of citations that day or the DA said you got a ****ty case and if the guy shows I'm tossing it. Pretty sure it was the latter. Thanks for the advise guys. Next time I will do a trial by declaration due to the reasons stated by another poster (ticket assasin post).

Will there be a next time? You bet; death and taxes, road taxes in this case.

THANKS GUYS

JJS 03S

Congratulations! I see it as a victory for "common sense".
-Jay

dD/dt

I'm saving this one for my retirement. I will assemble a Dream Team of nerds, I mean lawyers who specialize in the 4th amendment. We will carry the case to the Supreme Court, and I will prevail. Chelsea Clinton will write the majority opinion, affirming that my rights have been violated.

The fact that speeding tickets are given when the burden of proof (beyond a reasonable doubt) is not reasonably met, and the fact that I'm spewing on about the fourth amendment (illegal search and seizure), will have to be reconciled at some point between now and then. Until then, I will continue to meet with the prosecutor ahead of time, wearing my scrubs, and pleading no contest to a nonmoving violation.

968, congratulations. Justice was served. The other driver should have been cited for inattentiveness while driving.

Alex

OldGuy

If Chelsea Clinton is on the Supreme court and writes the majority opinion you dont have to worry
about having a Porsche. In fact automoblies in general will be on the endangered list.
Lets just hope that she is so screwed up by her parents she is in rehab the rest of her life.