He Didnt Turn His Lights On Until He Was 275 Or So Feet In My 300 Foot Driveway

 

Odie I Had A Temp Sticker Because I Had To Put My Muffler Back On Because It Didnt Pass Inspection The First Time They Gave Me 2 Weeks To Fix It Havent Got Around To It Because Of Bills

 

Could he see your stacks from where he was standing??

You can go to court and fight the ticket.. In Court you need to ask what violation he observed in order to detain you.. If he says it was the inspection sticker then you can fight it on the grounds that is was night and there was no way he could have seen an out of date inspection sticker. if you can beat the initial observation then you can beat the rest of it.

What you are trying to do is convince the judge that it was an Illegal detainment. if you can prove that then anything else he found or cited for is not admisable in court. This is your 4th amendment.

And in reply to the "everything on the ticket has to be correct or the ticket is no good" that is incorrect. It is up to the Judge to decide if the incorect information has any bering on the citation. If the officer worte the wrong vehicle code section then Yes the Ticket would be dismissed but say the officer put the 1400 block instead of the 1600 block on a speeding ticket. The judge could very well decide that it was not a factor if the speed limit was the smae in both of those blocks.

Again it is up to the judge.

 

Iam Going To The Court House Tomorrow And Let Everybody Know What Happens Thank For All The Info Guys

 

Did he ever lose line of sight of you in that 1/4 mile? If so, it could have been someone else he observed. That's reasonable doubt.

Why did he stop you? He has to have a valid reason. Are stacks illegal where you live? Spotting an expired inspection sticker under the conditions you described is simply not credible. Misrepresentation of the location on the ticket confirms his lack of credibility. More reasonable doubt.

I think you stand a very good chance of beating this in court if the judge is halfway reasonable. It's not a moving violation (no points or insurance surcharge), so I say go for it!

 

The Reason He Gave Me Was He Saw Me In Town A Few Days Ago With The Temp Sticker

 

Next to where he wrote the violation there whould be a couple of boxes,, one says dismissable and one say non dismissable.

If he checked the dismissable box then get you inspection and the ticket will be dismissed and not show up on your driving record.

If he checked non dismissable then (I knw here in california) it will not be dismissed by a clerk only a judge and unless the judge dismisses it it will be a driving record point.

Either way get the approiate inspection and have the inspection paperwork in hand before you go see the clerk.. It usually takes a few weeks for the ticket to get to the court so if you go in the next day you may be wasting your time.


Be very careful with the clerk.. If they can't find a record of the citation (because you showed up to soon after the ticket was written) then come back again.. Don't let them take your verification and citation and tell you they will take care of it when it gets into the system.

And make sure to show up on or before the promis to appear date.

Gerry

 

Gerry It Just Says I Have 10 Days To Contact The Magistrate Court

 

That doesn't hold any water! You could have had the truck inspected in the meantime. I still say he had no valid reason to stop you! Good luck.

PS: Not to give you a hard time, especially now, but why do you start every word with a capital letter?

 

OK.. just make sure and be there within 10 days.. I am in Los Angeles.. Things take longer here I Guess.. Ya know all those Starbucks Latte Breaks and all

But I would definatley have your inspection stuff up to date before you go in..

 

Fredbert i didnt notice that the caps lock was on

 

I think this will be a state to state descrepancy. I'm also w/fornty owner. If there is erronious info on that ticket I believe you have a chance. I feel confident he MUST have some other cause to stop you & I don't remember
you saying that he stopped you for anything other than the expiration.

Any judge worth his gavel should throw this thing so far it will never touch
the ground. What would he have done if you had made it all the way to your house? Follow you to the bathroom?

Yes, a police officer has rights to do most anything IF THERE IS SUSPISCION!
There was no suspicious activity on YOUR property; there were no prowlers seen, by the officers account acc. to you. HE followed YOU up YOUR driveway
to give you a ticket for EXPIRATION? That is HARASSMENT!

 

i went to the court house today and they dimissed it the magistrate was a fello marine so that help me out
thanks for all the help guys

 

Nice!

I got out of wicked speeding ticket last year when I got a chance to talk to the Judge.

87 in a 65
The should have given me a $280 fine and 5 points (or taken my privelages right at the scence)

You lucked out.......

 

I got out of a speeding ticket because they misspelled my last name.