PlanetSquires Forums

Support Forums => General Board => Topic started by: Elias Montoya on March 03, 2014, 01:13:41 AM

Title: Can i defend my self against this?
Post by: Elias Montoya on March 03, 2014, 01:13:41 AM
 Turns out i got a ticket for not respecting speed limit. Im guilty of that and im not trying to say i wasn't above the speed limit. Period.

Then why i would like to defend myself?

Because the signals were confusing.

Why didnt i defend my self right there?

Because i was shocked to be stopped and also because i saw the situation even better after i arrived home to meassure distances and positions of the speed limit signals in google maps.

Here is the situation:

I was on a semi-high-speed road (70 Km/H), and i took an exit from the median to the right. I started slowing down but before i could slow further down i was stopped by an agent and got a ticket. i was slowing down (slowly) because i was confused by the 70 K/H signal to the left and the 50 Km/h to the right.

Besides there was even another lane to my right (after another median) and i wasnt sure the 50 Km/H one was for the lane i was in or the one closest to the sidewalk. In short:


Do you think i have a case or should i just (try to) pay the fine? 60 dollars is a lot of money to me and it represents a lot of work. :( Ouch.



Title: Re: Can i defend my self against this?
Post by: Brian Chirgwin on March 03, 2014, 03:34:19 PM
Elias,

Take picture of the area signs and explain that you were taking the exit and slowing down for the exit.
There is a chance the officer won't show up so the ticket will be thrown out.
It is more than the ticket. Insurance will go up.

Title: Re: Can i defend my self against this?
Post by: Elias Montoya on March 03, 2014, 04:37:40 PM

Yes, Thanks brian, i think that is a good idea. I took pictures of the area with google maps, maybe i should go take some in person, i think i have good chance of defending myself successfully.

Also, there is a 40% discount if i pay today or tomorrow. In the meantime, a lot of movement (mostly friend lawyers and law councelors) is going on in my facebook. I more people like me than i thought.  Wow.

One question, you mean the officer must attend to something like a trial to sustain the ticket?
Title: Re: Can i defend my self against this?
Post by: David Kenny on March 04, 2014, 11:54:06 PM
Elias,

In Oregon, if you plead not guilty, you get a trial with a judge (you don't get a jury trial for an infraction as opposed to a crime).  The officer who wrote your ticket must show up as both the witness and person to plead the case for the jurisdiction (state, county, city etc.) he represents.  You can plead your own case. However, if you bring a lawyer to represent you, the officer must still be the witness, but the jurisdiction also gets a lawyer to represent it.

Because you mentioned Km/H as opposed to Mi/H, and because I think I remember you live in Mexico, The court system is not likely to operate the same as I stated.

If you plan to fight it in court, I would recommend you take pictures from the scene because the signs can be clearly read and are presented from the drivers point of view.  It's just not the same from above.

Of course, your lawyer friends would be a better source of information than my post if they are familiar with the laws in the location you received your ticket.
Title: Re: Can i defend my self against this?
Post by: Sam Jackson on March 05, 2014, 12:49:24 AM
Hi Elias.

Been down this road. I can only tell you what happens in Newport News, VA.
Of course you can go to court. If the officer shows, you will lose (The Judge always sides with the police officer.) You need to weigh the cost of the fine (and possibly, but not necessarily an increase in your insurance) against your valuable time. You lose a days work. Now, there's also the stress this is causing. It's not good for your health to be worrying about this stupid thing.
I suggest you just pay the fine and put this thing in the rear view.
Title: Re: Can i defend my self against this?
Post by: Elias Montoya on March 05, 2014, 08:03:17 AM
Apparently the ticket is going to be dismissed.

I will go tomorrow (with money in hand just in case) to recover the paperwork i was asked when i got the ticket.

If it really is dismissed, i have no doubt in my heart that it will be a fair solution. Otherwise i will know i was driving the best i could. I have received tickets some other times but those times it was fair.