Jump to content

The RennTech.org community is Member supported!  Please consider an ANNUAL donation to help keep this site operating.
Click here to Donate

Welcome to RennTech.org Community, Guest

There are many great features available to you once you register at RennTech.org
You are free to view posts here, but you must log in to reply to existing posts, or to start your own new topic. Like most online communities, there are costs involved to maintain a site like this - so we encourage our members to donate. All donations go to the costs operating and maintaining this site. We prefer that guests take part in our community and we offer a lot in return to those willing to join our corner of the Porsche world. This site is 99 percent member supported (less than 1 percent comes from advertising) - so please consider an annual donation to keep this site running.

Here are some of the features available - once you register at RennTech.org

  • View Classified Ads
  • DIY Tutorials
  • Porsche TSB Listings (limited)
  • VIN Decoder
  • Special Offers
  • OBD II P-Codes
  • Paint Codes
  • Registry
  • Videos System
  • View Reviews
  • and get rid of this welcome message

It takes just a few minutes to register, and it's FREE

Contributing Members also get these additional benefits:
(you become a Contributing Member by donating money to the operation of this site)

  • No ads - advertisements are removed
  • Access the Contributors Only Forum
  • Contributing Members Only Downloads
  • Send attachments with PMs
  • All image/file storage limits are substantially increased for all Contributing Members
  • Option Codes Lookup
  • VIN Option Lookups (limited)

Recommended Posts

Well, it finally happened! After 42 years of driving, 30 years (now retired)of driving emergency vehicles (Fire engines and trucks), never having a ticket or accident, I got both!

As I approached an intersection the light changed to yellow and I continued through.....another car waiting to turn left turned in front of me and we hit!

The other car said the light was red and had a next door neighbor in the car so had a witness. The cop gave me a ticket for not stopping at a red. It's my word against theirs. Luckily there was no injuries!!!

My question is is for anyone that has gone to court instead of just paying the ticket....

1. Is it worth trying to go to court for this? The other prson had a witness in the car....I was alone.

2. Is the police officer or other person there at the court hearing hearing?

Any of your experiences would be really helpful!!!

Thanks in advance.

Link to post
Share on other sites
    You can remove these ads by becoming a Contributing Member.

Well, it finally happened! After 42 years of driving, 30 years (now retired)of driving emergency vehicles (Fire engines and trucks), never having a ticket or accident, I got both!

As I approached an intersection the light changed to yellow and I continued through.....another car waiting to turn left turned in front of me and we hit!

The other car said the light was red and had a next door neighbor in the car so had a witness. The cop gave me a ticket for not stopping at a red. It's my word against theirs. Luckily there was no injuries!!!

My question is is for anyone that has gone to court instead of just paying the ticket....

1. Is it worth trying to go to court for this? The other prson had a witness in the car....I was alone.

2. Is the police officer or other person there at the court hearing hearing?

Any of your experiences would be really helpful!!!

Thanks in advance.

In Canada

I would fight the ticket, plus the witness is a friend, so that do he could be lying for the driver.

The Police officer should had given the other a ticket for not turning left in safety, because, is up to the driver turning left do do so safely, since he is turning in front of oncoming traffic.

Check the highway traffic act where your from.

In court the officer usual shows up since he issued the ticket, along with the other driver and the witness, if none of them show, you usually get off the charges.

Edited by scubadawg
Link to post
Share on other sites
Well, it finally happened! After 42 years of driving, 30 years (now retired)of driving emergency vehicles (Fire engines and trucks), never having a ticket or accident, I got both!

As I approached an intersection the light changed to yellow and I continued through.....another car waiting to turn left turned in front of me and we hit!

The other car said the light was red and had a next door neighbor in the car so had a witness. The cop gave me a ticket for not stopping at a red. It's my word against theirs. Luckily there was no injuries!!!

My question is is for anyone that has gone to court instead of just paying the ticket....

1. Is it worth trying to go to court for this? The other prson had a witness in the car....I was alone.

2. Is the police officer or other person there at the court hearing hearing?

Any of your experiences would be really helpful!!!

Thanks in advance.

You didn't state your location (and it's not in your profile), so it's tough to know what the particular laws and procedures are in your jurisdiction.

In any jurisdiction (in the U.S.) the police officer must be at the hearing and available to testify and to be cross-examined if you plead not guilty.

You could easily argue that it does not make sense that you received a ticket for going through a red light when the driver coming from the other direction was not cited. A lot of this depends on the size of the intersection (i.e., if he was already in the intersection and waiting to make a turn and his car was a number of yards into the middle of the intersection, as opposed to a very small intersection where he may have been waiting while still partially outside the intersection, etc...)

The benefit of going to court (again, it depends on the jurisdiction) is that you can sometimes plead down the offense in exchange for then changing your plea to guilty to the lesser offense. That can be a big deal because of the potential effect on your insurance rates.

Regards, Maurice.

Link to post
Share on other sites

The issue (at least in California and I believe in other states also) is whether the front of your car had crossed the line defining the intersection when the light was yellow. If there is any doubt about this you should win as it has to be established beyond a reasonable doubt that you entered the intersection on the red.

If the cop was not present when you entered the intersection his testimony as to this fact is hearsay (obtained from the "witness" and other driver) and not relevant toward establishing your guilt. So then the question is whether the "witness" is credible and/or biased and whether (s)he is absolutely sure you had crossed the line on the red -- and is in fact present to testify. Unless they are lying, I do not see how they could claim under oath that they are absolutely sure you crossed the line on the red. Does the passenger make a habit of watching other cars and the state of the light when someone else is driving? Was the driver looking at the light or at you? Were they chatting? Since he hit you, it suggests he wasn't looking at you ... and so forth.

Your clean record is also a big help. I would go for it and contest. Winning this case will also impact the question of fault in the accident claims and affect your insurance costs in the future.

PS: I ain't no lawyer... and so this is not legal advice.... and usable at your own risk, etc...

Edited by tomnash
Link to post
Share on other sites
The issue (at least in California and I believe in other states also) is whether the front of your car had crossed the line defining the intersection when the light was yellow. If there is any doubt about this you should win as it has to be established beyond a reasonable doubt that you entered the intersection on the red.

If the cop was not present when you entered the intersection his testimony as to this fact is hearsay (obtained from the "witness" and other driver) and not relevant toward establishing your guilt. So then the question is whether the "witness" is credible and/or biased and whether (s)he is absolutely sure you had crossed the line on the red -- and is in fact present to testify. Unless they are lying, I do not see how they could claim under oath that they are absolutely sure you crossed the line on the red. Does the passenger make a habit of watching other cars and the state of the light when someone else is driving? Was the driver looking at the light or at you? Were they chatting? Since he hit you, it suggests he wasn't looking at you ... and so forth.

Your clean record is also a big help. I would go for it and contest. Winning this case will also impact the question of fault in the accident claims and affect your insurance costs in the future.

PS: I ain't no lawyer... and so this is not legal advice.... and usable at your own risk, etc...

To the best of my knowledge in most jurisdictions the passenger in the other car cannot be used as a witness. A witness has to be a third party. I'd fight it.

Link to post
Share on other sites

In Texas, police officers generally schedule one day a week for court appearances. The general strategy of most offenders is to plead not guilty and ask for a change of court date. Usually if it's a different day of the week, the officer won't have time in his schedule to attend court, and if he's not there to testify, the case gets dismissed.

Of course, I've never actually done this as I haven't had a ticket in about 10 years (knock on wood).

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.