Question:

Is it worth going to court for "rolling the stop sign" ticket? How much is the fee and what will the judge do?

by  |  earlier

0 LIKES UnLike

it is my first ticket and i am really worried.. but i kno my rights. for one, the officer illegally searched my car.

 Tags:

   Report

8 ANSWERS


  1. Did he ask you if it was alright to search your car before doing it? IF you'd said no what they would of done is take you to the cop station and detained you until they could get a judge to sign a search warrant...

    IF your only going to court for a rolling stop sign offence is it worth it? I wouldn't. thats just me though


  2. Did he shine the light through the window or  actually dig around? I would go, maybe you can get the points knocked off.

  3. I had a cop do this to me and I got him fired for it. I constantly tell people or suggest for them to sue the citing officer. The judge will rule in favor of the policy (the cop being allowed to pull you over). Then, I amend my complaint and include the state as a defendant. Deeper pocket.

    Another thing to do is demand proof of jurisdiction. The traffic court will not be able to prove it.

    Remember all case law is on your side. However, if you argue your case in an inferior court (traffic court) you'll lose. If you argue it in a Superior Court (court of record) then you'll have higher chances of winning.

    If you need case law, I can point you in the right of direction.

  4. It is worth it especially if you know how to prepare and how to behave in court. The helpful information about that is on the blog spot below.

  5. I doubt the officer illegally searched your car.  You broke that law and might have been perceived as intoxicated.  This is an excuse that they can use to search anything.  They can say they had probable cause and needed to secure your vehicle.  For your own safety of course.  Get a lawyer to bargain your fine, or your points will add up and may cause your insurance to increase.

  6. You're going to need to be able to prove (above a sworn officers word) that you indeed did make a complete stop to get the ticket dropped.

    Now... as far as the "illegal search" goes, For an officer to search a car or any property, you need to give the officer probable cause first for him to do that. Unlike in CSI, officers do not need a warrant to search a car. Probable cause will do it. Probable cause is the officers belief that a crime is going to or has already happen for them to act on something. Now, you gave the officer probable cause to search your car when you ran the stop sign. The search of the car was not illegal. You can read up more on probable cause at http://en.wikipedia.org/wiki/Probable_ca... I would pay the violation and maybe fight to get it deferred.

    IF YOU DO CHOOSE COURT!!! : Remember, a traffic judge gets a bunch of "know-it-all" people coming in telling him the law instead of letting him decide. If you go into the courtroom all defensive saying how the officer was wrong and you were right... that's probably not the best way to do it. Remember, the officer is a sworn (even though some are corrupt) official. The best way to approach the judge is say, "Yes, I did indeed fail to make a complete stop. I had other things on my mind. The officer did handle himself in a professional way and I believe that I did learn from the traffic stop alone. I believe the infraction was not necessary in this situation. I have become a better, more aware driver because of this traffic stop. I believe a deferral will be plenty punishment. I have learned from this experience, and i apologize for any inconvenience I may have caused." This will probably get it deferred.

  7. If you don't go you'll be paying a lot more than a ticket. Can you say bond money?

  8. It's a moving violation, so yes it is expensive and worth going to court.

Question Stats

Latest activity: earlier.
This question has 8 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.
Unanswered Questions