So I was in LA to go to a festival on Sunday and I was trying to look for parking. I'm very unfamiliar with the city so I was driving really slow. What happened was, I was driving around the same block looking for a place to park when I ended up driving side-by-side a police car. I was driving the same speed he was, except I was slightly behind him, just out of view. Well I noticed that he ended up stopping (thought he was going to make a turn), and I continued on. But at that point I noticed pedestrians were crossing. I knew I was going to get pulled over for that. But in my defense, I could not see the pedestrians due to the police car blocking my view from the left (which is where the pedestrians were coming from). I got a citation for failure to yield. To describe that crosswalk, it was a crosswalk that that spanned over four lanes. The officer said the pedestrians were in front of his car when I blew past him, but if that was the case, I would have stopped because I would have seen them in time. We were both going pretty slow. So do you guys think? Do you think I could win this case if I contested the ticket? Also, any tips on what to do or what to say when I take this to court? PS: It also stated that I was charged for not having insurance, but I do have valid insurance. I didn't realize I gave him an expired insurance card, but he never gave me a chance to look for my valid one after handing me back my expired insurance along with my citation. Could that one be fixed easily by providing proof of valid insurance?
The insurance may or may not be an issue. When you go to court, show the judge that at the time the ticket was written, you did have insurance coverage in effect, but you may still lose. Firstly, the officer is not going to void a ticket because you've clearly already committed a violation; that is, you failed to present a valid (meaning up to date) proof of insurance when asked to by a law enforcement official (the cop). The judge may decide that in failing to present the officer (for whatever reason; forgetfulness, willfulness, arrogance, or not having valid insurance) with a valid proof of insurance, that alone is enough guilt to sustain the charge, and the ticket. Notice that the charge is called failure to present proof of valid insurance, as opposed to failure to have valid insurance. The wording is subtly different, but can mean a world of difference in court. As for your failure to yield charge, I think the officer had you dead to rights. You were probably going too fast to realize that there were people crossing the street, and by the time you did realize that they were there, it was already too late. Your claim of obstructed view by the police car is really no defense. Traffic laws have always stated that in cases of limited or obstructed view, it then becomes the duty of the driver to engage that specific traffic situation at a much slower then usual speed. The intent of this view is based upon the thrust of the rather subjective charge, speed in excess of road conditions, where one can travel well within the posted speed limit, but still remain guilty of speeding. This is because, at the particular moment, in the officer's opinion, the driver was operating said vehicle in a manner that was inherently unsafe given the prevailing conditions at the time. Thus, you may have been going slow, but apparently not slow enough to allow for the chance that there were people in the crosswalk. Me thinks you're going to have a tough time beating this. I would suggest that you try to accept your fate and not fight the ticket, but attempt to negotiate for a lesser impact on your driving life. Admit to the judge that you've had a lot on your mind, had become momentarily distracted, and tell him how thankful you are that the officer had pulled you over before you had hit or maybe even killed someone. Tell him you've learned your lesson that driving requires absolute and undivided attention, and that you're going to honestly take this lesson to heart. But as your insurance rates will probably sky rocket because of this (which you could ill afford), would the judge be willing to accept some other form of punishment, like community service, instead of having points taken from your license? Coming off as contrite sometimes is a lot better than coming off as arrogant (ie you know better than the cop, and how wrong the cop was; which judges have heard thousands of times a week).
Hmm, so you honestly think I don't have a chance at beating this? I tried researching on how much the ticket costs, and it seemed pretty expensive so I was looking to fight it. Honestly, if it was speeding or something reckless, I would have said I deserved it. But I don't think it was intentional in this case. Also I wasn't driving fast at all though. I had two other passengers in my car and they pretty much were the same as me, as in not seeing the pedestrians. My friend that was in the passenger seat at the time is usually a good spotter, as she always warns me of pedestrians or other cars. I know it's not an excuse that I couldn't see them, but I still want to try to fight it. What the officer told me happened was NOT really what happened. I just didn't defend myself because I heard it's useless to counter-argue an officer on the street since it'll just piss him off or whatever. Also I tried researching on failure to yield tickets, and a lot of people were saying as long as I did not impede the pedestrians ability to cross, as in make them hesitate in crossing or make them stop, I did not fail to yield. Is that a suitable defense?
One of the unavoidable realities in life is that sometimes, it just doesn't seem very fair. Going to traffic court can be one of those times. And yes, not only are these tickets expensive (varies depending on location) but they can also cost points on your license, as it's considered a moving violation (which goes to safe operation of a vehicle, thus impacting your overall insurance risk and rates). A lot of these things really hinge on he said, she said; and from the judge's point of view, if all else is considered equal, the bench will believe the word of a sworn public servant, especially one who is a peace officer, over that of a suspect. It may not seem very equitable, but that officer generally gets the benefit of doubt. So, unless you have irrefutable evidence to the contrary, your counterargument that the pedestrians weren't yet in your traffic lane, and that you did not 'fail to yield' simply because they weren't even there yet, et cetera; will likely fall on deaf ears. Even if not deaf, they will certainly be very hard of hearing, so to speak. That said, what is in your favor is the fact that there were three of you in the vehicle. If all three show up, act responsible and treat the court as the respectable institution that it is, and present a unified counterargument that the persons were only beginning to step off the curb after your vehicle was already through the crosswalk and into the intersection then the weight of your solidarity may sway a traffic judge to consider the possibility and put doubt into the officer's testimony (you would better hope that the officer didn't have his dash video engaged, capturing the people in front of his vehicle having to jump backwards out of the way of your vehicle as it sped by, then the judge can charge you with perjury too, LOL...) If you're really hell bent on fighting this, I would suggest that you seek real legal counsel, and have representation when you go to court. The fact that you have legal representation with you suggests to the judge two things; 1, that you're so passionate about this case to be willing to spend more than the cost of the ticket to ensure a fair hearing, which leads to 2; that there is more than likely a possibility that you're right and the officer is wrong. That is, why else would someone shell out more than they have to, with no guarantee of winning, unless it's to stand up on principle? Of course, if you win, you'll more than make up for it by keeping your insurance premiums from being raised. At any rate, good luck. Let us know how this turns out.
Just try to find a $400 lawyer (which it's pretty cheap in my mom's case) and ull be fine. My mom had 5 tickets including a claimed that she had an expired insurance which it's not true and she won (i swear on this).
Listen to yourself. If you feel like you should pay up, then do so. Otherwise, I would fight it off in court. 1. If the officer doesn't show up in traffic court, then your case will be dismissed (75%) in California. 2. If you have a clean driving record and a student, then you should admit your fault, tell the judge you learned your lesson, and ask him to drop the citation. 3. If you're working but have a clean driving record, explain it to the judge that you were blindsided by the cop car. Most people think the judge typically side with law enforcement but it's not always the case. It all depends on how you present yourself. Don't show up with too much beauty accessories, no visible tattoos ... basically show up dressed conservatively and all. NO colorful clothes .. stick with black or white and regular shoes (not high pump). Watch your language .. speech makes a different. Address Sir/Madam/Your Honor and avoid "you know, I know, well, etc" .. words/phrases. You wanna sound educated yet not arrogant; appear conservative and innocent ... Asian has the young look to our advantage.
Fight it. What you got to lose? Ask for an interpreter. Make it harder for them to convict you. If you get convicted, cry poor. Hope for a reduced fine.
My brother received a ticket for an Unknown reason: 1. He was driving behind a police car 2. The police car was trying to pull over another car in the front ( we were exiting a freeway) 3. Both of their car stop in the right lane 4. My brother decided to change lane..just when he passed by.. 5. This policeman shouted at my brother..."pull over your car !" 6. He let the car he pulled over go... and cited my brother for this his reason " do not pass over me when my lightbar is on... I noticed that there were several car already passed over his car before my brother decided to change lane.. 7. This police dude was an Asian dude...keep shouting loud like we both deaf... what an azzhole
maybe the cop got mad cause he was trying to get out of his car but all the other cars were passing so he couldn't get out of his own car safely.
Should I get out of my car and walk him safely to the other car ? Btw, there were a lots of space there, very close to the gas station...that's why he directed us into the gas station and cited my bro a ticket...Anyway... Sometimes, I believed they missed out the whole point of Being a policeman. 1. To protect the citizen 2. To enforce laws Not to 1. Penalize Citizen for $$$ -( even if we are not vilolate laws, or to the point of doing something that is unsafe to other citizens)---Noticed the cost of a ticket went more than triple in the past few years...Why ? They need money...How they get money...from the Citizen 2. Some times in the freeway...they passed by almost over 90m/h...without the lightbar on... and even worst in the local....Now how is that Safety that they were talking about ?
Hahaha I forgot to check up on this thread, but I saw it and figured I gave you guys an update on what happened. Anyway, I scheduled for a court appearance several weeks ago to dispute the ticket. I was there at 7am and was waiting nervously for my police officer to arrive and the judge to appear. Well the judge came out and called out several names, mine included. Then he said those that were called out had been dismissed. So my $1,100 ticket turned into a $0 ticket
