Dmmetler Posted December 3, 2013 Share Posted December 3, 2013 Or, alternatively, does anyone know a good lawyer to do so in Middle/Northern TN (Robertson County), possibly Nashville/Davidson County? DH got a fairly hefty traffic ticket on the way back from Louisville which is going to come down to a "he said" sort of thing (TN Move over law-the officer ticketed him for not changing lanes away from a stopped highway patrol car on the shoulder, but there was enough traffic that DH didn't feel safe changing lanes, and he did decelerate, which meets the other requirement of the law). According to our insurance agent, we're facing about $5000 in increased insurance premiums, on both car insurance and on homeowners over the next 3 years if he just pays the ticket, so we're thinking it's probably worth it to at least try to go to court, but that's something we have no experience with whatsoever. I checked out a book from the library, but a lot of it doesn't apply (mostly focused on speeding tickets-the specific type of offense isn't even mentioned). Can anyone here help? Quote Link to comment Share on other sites More sharing options...
PrincessMommy Posted December 3, 2013 Share Posted December 3, 2013 Can't help specifically with this issue, but my dh did defend himself in traffic court and won! It's been several years.... and it did come down a bit to he said/he said. But, my husband got the officer to admit he couldn't remember what the weather was like that night (lightly snowing) so he couldn't say whether the "turn left only" sign on the ground was covered (it was). Anyway... maybe your dh can work that angle. My dh did take pictures after the fact to show that the "turn left only" sign was ONLY on the ground and not up on a street sign,etc. Quote Link to comment Share on other sites More sharing options...
MomOfOneFunOne Posted December 3, 2013 Share Posted December 3, 2013 AMDG I fought a ticket and "won." I'm not sure if it would be considered cheating or if it's an alternative for your husband but I went to the police department and asked to speak with the officer's boss. It was a small town the next over from my fairly largish city. He was so unbelievably nice and helpful. I showed him the ticket, told him it wasn't me who was speeding, and then asked him how I could beat it in court. He gave me several tips including the fact that the officer was supposed to make notes on the back of the ticket which he didn't make. Not having the notes, his memory would be suspect in court and if I got one judge, I might have a hope but if I got the other, I wouldn't. He gave me a couple more tips that I don't recall. My now-14-year-old was still nursing at that time. Anyway . . . The officer didn't show up for court and my case was dismissed for fees. Does that count as a win? Quote Link to comment Share on other sites More sharing options...
Tammi K Posted December 3, 2013 Share Posted December 3, 2013 Lots of traffic cases get dismissed because the officer doesn't show up. Other times the judge will dismiss or lower fine with an explanation. I slid through a stop sign and hit a truck. I plead guilty with explanation as suggested by the ticketing officer. I appeared in court, explained what happened (sudden fall rainstorm - wet leaves) , and was charged 2 points on my license to disappear after 6 months with no other incidence and court costs but no fine. Court costs were about $35 but the fine would have been over $200. Quote Link to comment Share on other sites More sharing options...
peachskittles Posted December 3, 2013 Share Posted December 3, 2013 My SO fought a ticket and lost. His car died, he pushed it to a safe area, moved it over as far as possible and walked home. Three hours later we had an officer at our door telling us his vehicle needed moved (which we planned to do anyways), and he received a ticket for something dealing with preventing traffic...Ugh, I don't remember...Anyway, I went online, found the actual ordinance, and realized that my SO was in right. We talked to his boss, but unfortunately, he happened to be my SO's relative, so he really didn't help us. My SO brought in the ordinance, proved himself right and still lost (something around the lines of "Oh, that wording doesn't apply to this situation."..."Then why is it on the ticket?"). We suspect it's because of my SO's relation. We could have pursed it even further, but it would have cost a lot more money. I hope you can fight the ticket successfully. In that situation, I would have done the same thing. Quote Link to comment Share on other sites More sharing options...
Sparkle Posted December 3, 2013 Share Posted December 3, 2013 I would argue that he *did* slow down, and that it would have been unsafe to change lanes. I really dislike this law - usually by the time you can see an accident or what you have, you don't have time to react and switch lanes. I had a friend who was able to argue a ticket in court and she wasn't able to get it dismissed but she did get to perform community service rather than pay a fee, so maybe that's an option, although obviously not ideal. Quote Link to comment Share on other sites More sharing options...
Davysmom Posted December 3, 2013 Share Posted December 3, 2013 It completely depends on the area and judge. Quote Link to comment Share on other sites More sharing options...
Hen Posted December 4, 2013 Share Posted December 4, 2013 my dh fought a ticket in a different state for something like not yielding to a police officer (lights going we pulled to right but exited the freeway because of dense fog before stopping) and speeding (which he might have been doing, the speed would drop when you hit city limits, but it would have been only 10 mph more but with the fog he should have been going slower) dh kept the emotions out of it and stuck to the facts and didn't mention the bad conduct of the officer. He stated the conditions -extreme fog and the fact that a few days before a horrific accident on a highway in Texas due to fog had just been all over the news and we didn't feel safe stopping on the highway. He also stated that the officer had been following someone else ahead of us, then braked quickly to get behind us and immediately turned on the lights without enough time to pace us for speed. It worked, I was really surprised. He typed it up very neatly on the form provided and stuck to facts. **edited due to TMI Quote Link to comment Share on other sites More sharing options...
QueenCat Posted December 4, 2013 Share Posted December 4, 2013 (edited) They are very serious about this law, as we have had police officers killed for people not moving over. Unless it was bumper to bumper, they will contend your dh could move over. Around here, if it was the state patrol or the local sheriff, they will most likely show up in court. I'm stunned at how much your insurance company is saying they'll raise rates. That is a huge increase for one offense. Ds had an accident, and only got raised a teeny bit........... Edited December 4, 2013 by CathieC Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted December 4, 2013 Share Posted December 4, 2013 I was pregnant with ds#2, and had ds#1 with me in the car. We had just come from a prenatal appointment and I was driving on a highway in light traffic on my way to work. It was mid-morning, the weather was clear, and the road was dry. I was going a bit fast because I was going to be late, and it was an hour drive so I was hoping to make up the time. But I was really not going that fast - it was more like going with the flow of traffic and everyone was going a bit fast. I got nabbed by a speed trap where a group of officers on the side of the road were clocking cars and waving them into the shoulder for ticketing, but the people going the same speed in front of me didn't get pulled over. I explained to the officer that I was going with the flow of traffic, and he told me I was actually going faster than them (which I wasn't, I had been following along for quite a while, but I didn't have cruise control). I was really broke and couldn't afford the ticket, so I was hoping to either get the fine reduced or be allowed to make payments on the ticket. I pleaded nolo and showed up at court with my newborn. Before our case was heard the officer asked me why I was there and I told him. We stood up together when our case was called and the officer requested to have the charges dropped. Quote Link to comment Share on other sites More sharing options...
Dmmetler Posted December 4, 2013 Author Share Posted December 4, 2013 Another question-DH really wants me to drive up with him for court. Would DD9 be allowed to sit quietly with us? I'm not at all worried about her behavior in that sort of setting (she's good at sitting quietly, and I suspect she'd actually find the process interesting), but I don't want to go 3 hours up there and end up sitting out in the waiting area or in a parking lot with DD and be unable to be there for DH. I don't know that I've ever seen him this stressed. I don't think it's even the money-it's the idea that he did something wrong that has such a major impact without even realizing he'd done it. He's one of those people who follows rules to the letter, likes rules, and likes boundaries, and crossing a line sends him into a tailspin. Quote Link to comment Share on other sites More sharing options...
unsinkable Posted December 4, 2013 Share Posted December 4, 2013 http://www.worldlawdirect.com/article/903/fighting-speeding-ticket.html Found this interesting article. It says 5% of tickets are contested and 50% of those are dismissed! I'd take those odds! Quote Link to comment Share on other sites More sharing options...
Guest inoubliable Posted December 4, 2013 Share Posted December 4, 2013 Every person I know who has contested a ticket in VA has gotten it dismissed. They had to pay a small court fine. Quote Link to comment Share on other sites More sharing options...
MomOfOneFunOne Posted December 4, 2013 Share Posted December 4, 2013 Another question-DH really wants me to drive up with him for court. Would DD9 be allowed to sit quietly with us? I'm not at all worried about her behavior in that sort of setting (she's good at sitting quietly, and I suspect she'd actually find the process interesting), but I don't want to go 3 hours up there and end up sitting out in the waiting area or in a parking lot with DD and be unable to be there for DH. I don't know that I've ever seen him this stressed. I don't think it's even the money-it's the idea that he did something wrong that has such a major impact without even realizing he'd done it. He's one of those people who follows rules to the letter, likes rules, and likes boundaries, and crossing a line sends him into a tailspin. AMDG In my area, children are definitely NOT! allowed in the courtroom. I've seen parents castigated and sent out. I'd call ahead. It's traffic court and the no children rule doesn't make sense to me. There is also a dress code and you're expected to keep it. It's not a big deal one but you might ask when you call about the kids. Quote Link to comment Share on other sites More sharing options...
G5052 Posted December 4, 2013 Share Posted December 4, 2013 Not hefty tickets, but we always go to court for a ticket with a copy of our driving record (DMV offers this for a small fee). We've always had them thrown out or reduced. Quote Link to comment Share on other sites More sharing options...
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