Darwin

mainly, I want to request trial by written declaration. The documentation for actually requesting this is really hard to find though. =/

and without a courtesy notice, I don't know how much bail I'll have to post with it. I think I just need to come to the courthouse when I have some time and request the paperwork..

any specific advice would be good, too.

Basically, I was heading down Fremont blvd in Irvington at about 11pm Saturday march 19, headed to the midnight showing of Ring2 in San Jose. I was in the far right lane where Fremont meets Wasington and Bay is a rather long turn lane. As soon as I realized I was not in the lane I wanted to be in, I sgnaled, checked, and moved over one. The other nearest car on the road was a mustang about 200 yards behind.

I was then pulled over and cited for 21461(a), failure to obey a traffic sign or signal. The turn lane is a solid line for a long, long way (I believe from the signage all the way to the intersection)

Anyway, an additional factor is that the officer said that he wasn't allowed to give warnings that night becuase 'of the weather' and that they were operating on a sort of no tolerance policy due to that. (by law police are always allowed to write warnings for 1-point infractions, and saying they can't implies a quota)

He didn't say a thing about my tint, exhaust, or no front plate.

What do you folks think?

vapor

iTrader: (4)

i think you are supposed to call the court if you havent received the courtesy notice after some time. if u go to ticketassassin.com, you can print out the forms for the written trial.

titsataki

iTrader: (1)

Courtesy notice is just informational.
Go to the courthouse with the ticket at hand and they will give you all the info and also the trial by written declaration forms. Also you can return the filled forms there as well.

http://www.ticketassassin.com/visorguide.html

cheers

nick

HellaDumb

iTrader: (3)

Sounds like you may have been written up for the wrong VC.... easy out!

dantastic

quite right! actually, its NOT illegal to change lanes when the line is solid, however, it's illegal to change lanes near an intersection (~50ft?). When the white line is solid, it not recommended to change lanes.

jdepould

iTrader: (2)

yeah, if it's a white line then its totally legal, granted you aren't within x distance of an intersection.

Darwin

I would say I was at least 100 feet from the intersection.

coo.

titsataki

iTrader: (1)

you may want to dig up the distance allowed by VC. Then off course you have to write up a nice statement. Is the ticket say that you crossed the while line to close tot he intersection? Then you have to present doubt that yes you crossed the while line but it was a legal/safe distance from the intersection. I am guessing that that even the police shift got lectured that they need to watch out for people due to rain and bad weather making things more dangerous. So the officer were under pressure to look hard and not hesitate to write tickets. So when you asked him to write a warning he said what he said (he told the truth). If I read the ticket assasin correctly it is is an implied quota (get out there watch out for car int he bad weather and write some tickets. I am sure when the shift came back to the station the shift commander asked how many tickets were written and I am sure if an officer did not write a ticket and/or not a certain number of tickets he would be frowned upon. Clearly a quota but you will not hear that from anyone .

Cheers

Nick

mmboost

iTrader: (2)

What you should do is just call up the courthouse, not go there with the ticket. Or you can check online usually at the courthouse's website. If your docket # doesnt show up, your ticket has not been processed. Officers do not always processes every ticket they write out... just like us they have good days, bad days, loose things, run out of time to get stuff done, etc. You never know. Were I in your position I would just keep checking w/ the courthouse every so often. But geez, I wouldn't go in there and show them my ticket to that it can then be entered into the system (I have no idea if that can happen, but I'm not going to show the courts proof that I got a ticket if they have none).

jason

gilmore25

iTrader: (1)

This is the best thing to do at this point. I had this happen to my like 3 years ago
received a ticket but nothing ever came in the mail. Called up the courthouse a few times to check, then asked around and figured out he didn't process the ticket. So nothing happened to me and I didn't have to spend 8 hours in traffic school.

titsataki

iTrader: (1)

But wouldn't this run the risk that you did not show up or responded? In the back of the ticket it has a 30 day period. So what happens if you received the notice and claimed that the notice got lost. I am not sure the docket number is on the ticket. Is it? Sometimes playing dumb, works sometimes it may get you in trouble. The point is you have certain routes to contest the ticket. If you ignore it you may lose certain chances and must show up in court and explain why and how. Ignorance of the law is not an excuse.

Cheers

Nick

titsataki

iTrader: (1)

So when you call the courthouse what do you inquire about?
Me: I have a ticket and I have not received the notice.
Courthouse person (I bet it is a same person that will look at your ticket if you show up in person) get me you ticket number so I can check. (what stops the person to process the ticket just like they can do if you showed up in person).

I mean if the officer did not process the ticket they would never find the ticket in no matter what they do. It is not magic. If he did did not process the ticket and you do trial by written declaration do you thing he will process it late and respond to your statement? My feeling is that he will not.


Things may still fall into cracks. But nowdays most do not.

Cheers

Nick

mmboost

iTrader: (2)

You call up and you say, "I have a ticket with this docet # XXXXXXX, can you tell me what the bail is and the court date? Thanks".

if they say, "Oh the bail is $ThisMuch and the court date is SomeDaySoon" you then mention "I did not get a Courtesy Notice...etc..etc..."

if they say, "I see no such docket number", you say, "Oh thanks a ton, LATERZ BEEYOTCH!" and hang up.

Human beings are human beings. Believe or not cops are too.

Are you arguing just for the sake of it?

jason

titsataki

iTrader: (1)

I am not arguing.

I am saying it will not make a difference showing up or calling besides spending the time to drive to the courthouse. Which will be ok since if your docket is there you will be able to pick up the paperwork for trial by written declaration. If your docket is not in the system would it make a difference if you are on the phone or live in person?

It sounds like if you are avoid showing up at the courthouse it somehow gives you a better chance. Which I highly doubt.

cheers

Nick

Darwin

Well, its not in the system yet..