Is there anything i can do in traffic court to help my situation?

Question

My question involves traffic court in the State of: California

So i wanted to know what i can do in traffic court if anything to help my situation. I am 17 years old and will be 18 in Dec 2008.

I got pulled over because the officer said i was on my phone but when i said i wasn't he moved on and checked my info... He found that i was driving 2 friends home (17 year olds) from practice. This was not for my school but private practice. He then told me to leave my car which i hear is wrong unless he plans to search my car or test me for a DUI? He read me the rules of driving with a provisional license and then gave me my ticket and sent me on my way.

I am bothered that i got pulled over for nothing and then received a ticket for something totally unrelated. I assume this is ok though? And taking me out of my car is okay too?

I would like to know what i should do in court and if getting a letter that says i was at practice signed by the coach will help.

Thank you for your time

-Denny

Answer 1

an officer can ask you to exit the car. he is trying to find out information from you away from the other people in the car. you can lock your car and invoke your 4 amendment rights - and stick to them. he will have to arrest you to search you or your car. as for getting a ticket for something unrelated - well to put it nicely - he had to justify his stop. does the law in cal state you can only have one person under 20 while you the driver is currently under the age of 18? if so the ticket will stand and then you will be going to driving school. make sure you choose on-line driving school it only costs about $40 verses the courts $200 to $400 charge they might charge. the letter from the coach might help a little to show you were not out there just s******g around. good luck!!

Answer 2

i wud of stayed in the car and just kept asking him what did i do, but u say u wernt talking on ur cell even if u were then i would of just erased the last 3 outgoing and 3 incoming calls just to be safe and then turned my phone off. and as for searching your car. b4 u got out roll up the window, get out lock ur car and set the alarm. haha that will get the pig angry oink oink

Answer 3

The officer can pull you over if he has probable cause to believe you were violating the law.  You apparently convinced him that you had not been, but that does not make the stop illegal.  However, after the stop, he found a different violation, since you were transporting passengers in violation of the terms of your provisional license.  It is not uncommon for an officer to ask a driver to get out of the car, and here it appears to me that he wanted to bawl you out without embarrassing you in front of your friends.

You -- well, your friends -- are actually lucky, since it was still illegal for you to drive them.  Some officers would have ordered THEM out of the car and made them walk home.  Sounds like you got stopped by a pretty nice guy.