Don't ever give up on a ticket. Hire a lawyer.

Discussion in 'Questions From New Drivers' started by WesternPlains, Apr 27, 2025 at 12:02 AM.

  1. KMac

    KMac Road Train Member

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    Those are civil violations for that very reason. You don't have to pay them, the court won't come after you, BUT... And it's a big BUT, You usually won't be able to renew your registration on the vehicle until that's paid.

    You pay those to a service hired to instal and monitor and collect the fines. They share a portion with the hiring jurisdiction.
     
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  3. KMac

    KMac Road Train Member

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    Here's an example where you can't confront an accuser. I got caught in a speed trap. Typical one, one officer running radar, another directing you to a parking lot, and a third one writing the ticket.

    Get to court date postponed, get it moved to a different court and when the court day comes, if the officer who wrote the ticket shows up, the first question is "Where you the radar operator who clocked the speed" when the answer is no, the next question is "is the operator present" if the answer is no, motion to dismiss. The Officer wrote the ticket on hearsay evidence, he did not observe you speeding.
     
  4. Pickleball

    Pickleball Light Load Member

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    Around here, Portland metropolitan area, those are traffic citations from the municipality that erected the cameras. The citations are not from a 3rd party and come in the mail and you send your remittance back to the municipality. There are 3 basic types of cameras. Fixed location for speeding and fixed location for red light infractions and the more devious one, the mobile vehicle camera. That one is usually an unmarked white van parked on the side of the road and they have to by law post signs about 100 yards before the vehicle alerting you that there is a mobile traffic camera ahead.
     
  5. WesternPlains

    WesternPlains Road Train Member

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    Careless Driving
    That charge is mean. It's got teeth.
    This is partly why I think this officer left the department. He was told to write this ticket.
    You really don't want to hear all of what happened. Nobody else involved. Hit a no truck zone in the dark. Tried to turn around at first side street. No no....I don't think so. City of Beaverton set me up with a corner that was irregular to say the least. Not even a street light over it to clearly show what I had there. I'll stop here. Except everybody told me I should have gone farther down. It opens up. Besides...I told the officer I screwed up. I should have gone down farther. Taken a left turn on a CROSS STREET instead. Backed. Then taken a left turn to come back out. I didn't know what I had? Didn't know what the no truck zone was for?
     
    Last edited: Apr 27, 2025 at 5:34 PM
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  6. Rugerfan

    Rugerfan Road Train Member

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    Where in Beaverton? Were you hazmat on 26 east of 217?
     
  7. WesternPlains

    WesternPlains Road Train Member

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    Oh no... But not real far from where that comes back out. We are Hazmat. We always go around. We pick up a Robot or two to add to our load out of the port area off N. Marine Dr.
     
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  8. MACK E-6

    MACK E-6 Moderator Staff Member

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    You don’t. That’s why camera tickets go to the registered owner of the vehicle, not necessarily the driver.
     
  9. TexasRiverRat

    TexasRiverRat Light Load Member

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    I sold a vehicle several years ago, and didn't take my plates off because it was a pile of garbage and I figured the guy was buying it for parts. A few months go by and I got a ticket in the mail for running a red light in Houston, which is a few hundred miles from me. On the back of the citation that they mailed me was the fine print stating that failure to pay the fine would not result in a warrant, it could not be reported on my credit, and the vehicle would not be able to be registered until the fine was paid in full.

    I didn't own the vehicle anymore, so I threw the ticket in the trash and never heard anything else about it.
     
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  10. Moose1958

    Moose1958 Road Train Member

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    Sometimes I can't help but get a good laugh reading some comments on this subject. Not just in TTR, but other websites and in places where Truckers and Trucker Wannabees gather.

    First point that date printed on the ticket or the letter you get later is NOT a trial date. It is what's called an arraignment. If you have already paid the ticket, you are excused from this action. If you are going to fight the charge, this is where you/Attorney enter your not guilty plea. In states like Georgia that allow you to demand a trial by jury, this is where you make that demand. The cop who wrote the ticket is NOT required to be in attendance. Because I am not knowledgeable about all the traffic courts in the lower 48, I will agree there may be some courts that do both the arraignment and trial on the same day, but in all honesty, I doubt there are any.

    Now allow me to issue a clear warning. Years ago, one of my favorite pastimes was sitting in Georgia State Courts watching the actions. Many times, I have seen the Judge grant the State Solicitor a continuance because a cop was either out of town or otherwise not able to attend the trial date. I am not saying it is guaranteed to happen, but a Judge has a huge amount of discretion when it comes to their courtroom.

    Anybody who wants to argue with me, all I am going to do is ask you to post a link to where it says in the US Constitution or a State Constitution where it enumerates this as a right. Or show me in BINDING caselaw where a Judge is forced to dismiss a case just because a Cop is not there for trial.

    To sum this all up. If you get a ticket on the road hundreds of miles from home, and you decide to fight the case. You are going to make 2 trips to court, NOT just one. Figure your cost at around .14 cents a mile round trip. Not just gas, but wear and tear on your vehicle. Depending on the distance, now add a hotel room and food. If you are fighting a case, say 1000 miles away, this is at a minimum a 4000-mile trip. Now add hotel rooms unless you have an RV or a good friend who will allow you to crash. Now I have not even added the lost time from your job.

    Fighting a ticket 1000+ miles away could cost you thousands of $$$ with no guarantee you will win. Now, let me remind everybody of 384.226. The USDOT/FMCSA has made it clear to the states that they risk losing federal monies if they engage in this illegal masking.

    I would NEVER attempt to talk a person from fighting an unjust charge. I just think before you do so to give some serious thought to your overall chances at trial and the cost of doing it.
     
  11. WesternPlains

    WesternPlains Road Train Member

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    The cost?... With Careless Driving, that is the end of driving a truck. Lawyers often will get a ticket dropped to a lesser charge. Often times to a parking ticket.
    Cost? Beaverton cost me $700 flat fee.
    Had a bad one in west Texas. Decided I'd cut through and check out west Texas. Instead of the interstate. Boy was that a mistake. Ran into a DPS who was pissed that he had to work Thanksgiving. Tried talking me into a speeding ticket. Told him; Are you crazy? If I want fast, I'll take the interstate. So he gave me a following too closely ticket. Hired a lawyer who knew how to play the Texas game. He'd have to drive out there too. Cost me $2500. It was worth it.
     
    Last edited: Apr 30, 2025 at 9:44 AM
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