Always Fight A Ticket
Discussion in 'Trucking Industry Regulations' started by Kabar, Jan 6, 2010.
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dieselbear said: ↑No the judge can do whatever he or she wants to do, lawyer or no lawyer. What you don't realize is inside that courtroom they are God. They do whatever the heck they want. Now, they also have to answer to complaints to a higher authority outside the courtroom if a complaint or inquiry arises. I have seen some rulings overturned, I have seen some appealled to a higher court, but on that day and that moment in time the judge can do whatever they want. Majority of the time when I have seen the fine raised it is because the person has a terrible driving record,they have lied to the judge about their previous history or the acted like a fool in court, i.e. argue with the judge. Believe it or not, some Einstein's will come in there and get confrontational with the judge or cuss the judge. Besides the fine being raised they get a contempt of court charge. Now I just don't have truck driver's coming to court, I still deal with 4 wheelers and the people on complaints for domestics, burgluries or any other service call. Stricker, it also depends on the judge. I've been in front of probably close to 75 or judges and they are all different. Some are tree hugging, some will bust your arse for anything. So there is no way to give a blanket statement on a judge. As far as it being against the constitution to raise a fine, they tell you straight up in open court if they find you guilty the fine can be raised from the pre set amount and they can raise the fine to the maximum amount. That's has been challenged before, and there's is no arguement. If they did something that exceeded the maximum amount then you would have a case. For example, the preet fine was $100.00 but the maximum penlty under the law is say $250.00 and the judge raised it to $500.00. Then you would have an arguement. Maybe I wasn't clear enough before.Click to expand...
I have seen some instances where tickets were raised from the pre-set amount to higher amounts and then appealed and reduced. Here is where I'm coming from on this, and with the other person in a different thread: had a friend who got a speeding ticket, her first ticket ever, she was 21, on her way home from the bar, designated driver, 4 other people in the car. Cop stopped her for 45 in a 35, she didn't realize the limit had dropped, she broke down in tears, she had never been stopped in her life. Cop wouldn't cut her a break, wrote he for 45 in a 35, 3 pts and $150.00 fine. She went to court, sobbed to the judge, explained to him the details of the night, the judge not only wouldn't budge on the ticket, he hammered her with the fine $750.00, made her take a drivers course and refused to drop anything once she completed it. Even the DA, who had initially given her a plea to Failure to Signal (1pt), and court costs only, if she would go to the driving class the DA would drop the ticket to obstructed windows (0 pts) and court costs was shocked.
Her old man hired her a lawyer and they appealed the conviction to the County Court. The court ruled that the judge violated her rights by fining her such an excessive amount when the charge, her attitude, etc. did not warrant it, the judge at that court not only dismissed the excessive fine, but dismissed the original charge and wrote a scathing rebuke of the original judge.Baack Thanks this. -
that judge and cop should be punched in the face.striker said: ↑I have seen some instances where tickets were raised from the pre-set amount to higher amounts and then appealed and reduced. Here is where I'm coming from on this, and with the other person in a different thread: had a friend who got a speeding ticket, her first ticket ever, she was 21, on her way home from the bar, designated driver, 4 other people in the car. Cop stopped her for 45 in a 35, she didn't realize the limit had dropped, she broke down in tears, she had never been stopped in her life. Cop wouldn't cut her a break, wrote he for 45 in a 35, 3 pts and $150.00 fine. She went to court, sobbed to the judge, explained to him the details of the night, the judge not only wouldn't budge on the ticket, he hammered her with the fine $750.00, made her take a drivers course and refused to drop anything once she completed it. Even the DA, who had initially given her a plea to Failure to Signal (1pt), and court costs only, if she would go to the driving class the DA would drop the ticket to obstructed windows (0 pts) and court costs was shocked.
Her old man hired her a lawyer and they appealed the conviction to the County Court. The court ruled that the judge violated her rights by fining her such an excessive amount when the charge, her attitude, etc. did not warrant it, the judge at that court not only dismissed the excessive fine, but dismissed the original charge and wrote a scathing rebuke of the original judge.Click to expand... -
It was on us71 south bound out of the K.C. area. Middle lane have 4 wheeling morons going 10 miles less then the posted speed and the right lane is un safe to drive in. I got tired of following the morons and when to pass then. Before I could get back in the center lane we hit construction. Right lane closed, Traffic slowed way down. So I just stayed in the left lane. No reason to force my way back to the right just because so political moron passed another useless law. Well the county mounty forced me over through traffic to give me the ticket. It's a stupid law that has nothing to do with safety. And stupid laws need to be broken.
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Unbeknownst to me, my cdl was suspended because i didnt fill out the self certification form when i renewed my medical card. I have a ticket and a court date and possible misdemeanor charge. Is this difficult to get off my record?
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Fred75943 said: ↑Unbeknownst to me, my cdl was suspended because i didn't fill out the self certification form when i renewed my medical card. I have a ticket and a court date and possible misdemeanor charge. Is this difficult to get off my record?Click to expand...
Mine has been suspended twice in the last 3 years due to the ###### system once. I sent it in from work via fax, got the confirmation. DHS lost, or never received it. Drove unknowingly on a suspended license for 1 year and never got caught. Lost my license in the wash. When I went to get a duplicate they told me about my medical card. I fixed that. It could have taken 2 weeks to fix it via the slow system. I went straight to the main office (who didn't return calls!) and got it fixed right away. The next time I was off following shoulder surgery and the company wouldn't let me take the physical. It expired during my recovery period. IT COST ME A JOB LATER THAT YEAR THAT WOULD HAVE BEEN A BIG BUMP IN PAY AND BENNIES EVEN THOUGH I EXPLAINED IT TO THE EMPLOYER.
You probably need to pay a lawyer to get it reduced to a tail light out. Something like that. This can haunt you for a very long time if not.
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