Yesterday, at the age of 29, I got my VERY FIRST moving violation ticket.
My supervisors were planning a meeting in downtown Atlanta. I had been told last week that we would be taking public transportation, and that sounded like a good idea to me. But yesterday morning, the day of the meeting, my boss calls and asks if I can drive (I didn’t volunteer - I was drafted because I was the only one with a car that had gas). No problem. Even though we have 5 people going, and I drive an Accord, and I’ve got no idea where the meeting place is. So we squeeze in the car, get into downtown, and they are giving me directions: turn left here, right here, etc. Then, after making a turn, I see the flashing blue lights. Apparently, while driving down a four lane one-way road, I made a left turn out of the second lane. So my violation was “improper left turn”. What I think happened was this: sometimes cars park in the lanes next to the curb, and sometimes delivery vans are parked there, so I guess I was thinking that it was for parking rather than driving in. I know there was no one in that lane when I turned, so I didn’t cut anyone off or propose a hazard at that moment, but technically, I broke the rules.
Everyone in the car was surprised that the officer wrote a ticket, as opposed to giving a warning. One of my coworkers asked if I had asked the officer for a warning, and I said no, because I didn’t even know you could do that! (Yes, I am really naive when it comes to these things.)
So my question is this: Should I just pay the ticket through the mail and be done with it? Or is there any chance that they would be lenient if I went to the court date? My guess is they would just think I was whining if I went to court and explained the situation, and it probably wouldn’t help any.
You didn’t write where you were. So, what I’m saying goes only for NYC. YMMV.
You have nothing to lose (other than the time involved) in fighting a ticket. The judge cannot make your situation worse simply by pleading not guilty. The worst that can happen (assuming, of course, you don’t do something silly like punching the judge) is that you are found guilty and have to pay the fine that is on the ticket. So, other than the potential time waste, there is no down side to fighting it.
The upside, of course, is that you may get the ticket dismissed. If the cop doesn’t show up after a set number of times (three, in NYC, IIRC), they will usually dismiss. LIkewise, you could always put up a plausible defense (but don’t lie under oath!!).
Here’s a question: Were there any parked cars or delivery vans in that far left lane when you made your turn? If so, you might have a case. Go to the specific intersection and get a picture of cars parked in that lane, and bring that to the judge to explain why you were not traveling in that lane when you made your turn.
Heck, if you want to be sneaky, get a bunch of your friends down there to park in that lane for 5 seconds while you snap the pic.
Even if that’s not the case, going to court will likely reduce the cost of the ticket, and if you explain your thought process you may find a judge nice enough to let you off. A picture would help, though, I think.
I wouldn’t recommend court if the violation had been flagrant, but it sounds to me like you have a pretty good excuse. I’d definitely go, although I seem to recall hearing that some places could theoretically charge you court costs if the judge rules against you.
I went to court for illegal passing–I started when it was dashed and crossed back right after it turned solid. I got it cut in half. And there were other people in there with such lame excuses who still got their fines reduced that it amazed me.
zev: - I definitley wouldn’t lie or even try to stretch the truth. That would be my problem with pleading “not guilty” - I know I made a mistake. Is there anything between “not guilty” and “guilty”? Or would I just plead “not guilty” and then tell my story and be judged?
Atlanta, Georgia. You know, next to Alabama?
Hokienautic: - That’s a great idea! I think I’ll go down there at the same time of day and see if people are parking there. ( I think there was a large delivery van about half a block from the intersection, but I was kinda flustered at the moment and didn’t think of going back to look. Shoulda had my camera with me at the time, though!)
flyboy88: - If I end up going, i’ll have to check on whether or not they charge you court costs if you are guilty, as that would really suck to have to pay those costs on top of the ticket.
Definitely go to court, dress nicely, be respectful, and explain it exactly as you have here. I assume you’ve been driving at least 10 years, and for a first time offense after all that time driving, 'specially if it’s been in and around Hotlanta, you should be able to get it either reduced or thrown out. Good luck.
Posted by jerricurrl "Is there anything between “not guilty” and “guilty”? Or would I just plead “not guilty” and then tell my story and be judged?
The judge once advised me to plead: “Guilty With An Explaination” in a minor traffic violation. That wasn’t “next to Alabama” though, so I don’t know if that works over to the East or not.
With your good driving record, I’d take it to court, FWIW.
jerricurrl, saying “not guilty” isn’t telling a lie - think of it as you telling the court that you wish to have the State prove you are guilty, rather than you simply admitting you are guilty. I don’t know the options in your state, but many places allow a third plea of “no contest”. This is along the lines of saying, “I won’t admit that I am guilty, but I am willing to be punished for the charged crime.”
I would have the cop come to court who wrote the ticket. If I could I would setup a delay on the court
date as far into the future as possible. Chances are the cop won’t come, wont even remember what
happened. Guess who wins? I actually get idea like this from books like "beat that ticket’…
I don’t know- I got a speeding ticket and called a number that they sent me in the mail (the DA), and when I went to explain the situaton the DA interrupted and said “Have you received a ticket at any time in the last 2 years?” I answered no, and she said “The court is prepared to offer you a lesser plea of (I forget, something minor) do you accept that offer?” I said yes, and she said “You’ll get paperwork in the mail as to how to pay your fine. Thank you”. and that was it.
They mailed me a thing to sign with my fine and I paid it. No points, no nothing, no court.
If the cop doesn’t go to court, you win. Only pay court costs.
If the cop does show up, you can plead ‘not guilty’ or ‘nolo contendere’ (no contest). In this case, you pay court costs and points DO NOT get racked up on you. You also do not have to go to traffic school. Usually, the court case lasts all of two to three minutes.
In my recent ticket they made me go to traffic school, but they said that then the ticket wouldn’t give me points and not affect my insurance. It was expensive, but probably worth it in the long run.
I would recommend traffic school, if it’s allowed. Where I live, you can do it by mail or internet. If they give you that option, it’s pretty painless. You still have to pay the fine, but it’s worth it since the violation will not appear on your record. If you want to take it to trial, by all means do so, but you have to consider if it’s really worth your time. I believe that if you go to court and are found guilty, you may still ask the judge for traffic school at that point.
I remember a traffic school instructor recommending against pleading either “guilty with an explanation” or “no contest” (nolo contendre?) because even if you got the fine reduced, you would likely still get a point on your record. He said you should just always plead not guilty.
Reminds me of a funny story: I went to traffic court once, and the woman whose case was before mine pleading “guilty with an explanation”. She went on to explain that she didn’t know she was speeding because her speedometer was broken. The judge immediately began vehemently berating her. Turns out she had been going over 100 mph.
I think it depends on which matters to you most, money or points on your record.
Bear in mind that if you go to court, you will have to take at least half a day off work. Is the amount of the ticket greater or lesser than the wages you would lose?
If this is your very first ticket, the points are probably minimal and will ‘drop off’ your record after a set time period.
Points on my record, just because I don’t like the idea of them being there, I guess. I’m not really worried about taking half a day, as I would use vacation time (I have some built up, and while I could think of many better uses for vacation time, it’s not really a big deal).
hmm? -googling did not produce satisfactory results-
I just called to find out the fine - $88.00.
My plan so far is this: I have to meet again in the same building downtown, so on my way there I’ll see if there are cars/trucks parking in the far left lane, and if there are, I’ll take a pic, as Hokienautic suggested (thanks again for that idea).
Then I’ll go to court , and probably plead “not guilty” and explain the situation (nicely), while at the same time keeping my fngers crossed.
If it came down to points on my liscense vs. a few hundred dollars for traffic school, I’d go for the points. If I got some tickets at a later date and the points started adding up, and I thought my liscense was in jeopardy, I’d then go for traffic school.
hmm? -googling did not produce satisfactory results-