Petty little bs ticket with a BIG $660 fine questions

mikec265 · Mar 16, 2013

I80/I94 eastbound were closed infront of me on 2/14/2013 at Kennedy Ave in IN. the accident causing the closure was inbetween the off ramp and the on ramp. my goal was to get off and back onto i80/94 east but i couldnt due to the screwy design of the ramps. Then BAM right in front of me signs for no trucks where its to late and nowhere to immediatly turn around. So, the only thing i could do was use my best judgement and common sense at that point trying to find a large block or lot to get turned around. And then i got nailed by the local police. Had there been signs posted early enough i would have never put myself in that position.

There were no signs on the interstate or the ramp warning that trucks were not allowed north on Kennedy and the cop agreed with me on this. He still gave me the ticket with the bs excuse that since i had an IN plate that i should know the area. The company i am leased to is based in detroit and i live in PA.

The cop said i will probably beat it if i show up on 3/25/2013 at 2pm for court in Hammond IN. That is a monday, which means since i live in pa i will have to layover the weekend or use my personal vehicle. either way wasting several days of my life. and i dont know if i can get a load paying worth a dam if i go and use a cab service.

the specific charge is 73.01 - failure to use through truck route. from a hammond police dept officer.

If i dont get any points CSA or DL ill prob just pay it. the time and bs involved will cost me more than the $660 fine.

QUESTIONS
1- will i get csa points if i lose or just pay it?
2- what about drivers liscense points?
Well what do you guys think and why?

Okieron · Mar 16, 2013

Every ticket gets CSA points and license points are up to the judge. for 660. I think it would be worth it since it could conceivably cost you a job. Just my 2 pennies worth.

CondoCruiser · Mar 16, 2013

I live in TN and know Hammond like the back of my hand. You gambled and lost.

You can hire an attorney to represent you on your behalf and not even be present.

No inspection report = No CSA points. Only points on your MVR and you have 30 days from conviction (paying fine) to report it to your home state. It's best to beat it which a good attorney can.

PS. We had a terminal there!

windsmith · Mar 16, 2013

Okieron said: ↑

Every ticket gets CSA points and license points are up to the judge. for 660. I think it would be worth it since it could conceivably cost you a job. Just my 2 pennies worth.
Click to expand...

Wrong.

No inspection, no CSA points.

$300 to an attorney = dismissal and no need to appear.

mikec265 · Mar 16, 2013

CondoCruiser said: ↑

I live in TN and know Hammond like the back of my hand. You gambled and lost.

You can hire an attorney to represent you on your behalf and not even be present.

PS. We had a terminal there!
Click to expand...

yeah i forgot to mention ill be seeing what a lawyer will cost if i take that route. the last time i used a lawyer in wytheville va it cost me $750 but i beat the bs ticket. im not going any further into that 1.

mikec265 · Mar 16, 2013

windsmith said: ↑

Wrong.

No inspection, no CSA points.

$300 to an attorney = dismissal and no need to appear.
Click to expand...

Thanks for the info but i must ask... how do you know this?

CondoCruiser · Mar 16, 2013

You might want a monthly legal plan!

I wouldn't think it would cost a couple hundred?

Here's a Hammond traffic attorney. #1 on google, http://www.jmhaddadlaw.com/

Maybe you will get lucky and get this judge, lol.

Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without assessing required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.

The Indiana Commission on Judicial Qualifications filed formal charges against the city judge June 30; the charges relating to his conduct stretch back at least five years.

Two of the professional misconduct charges involve Judge Harkin's operation of a traffic school deferral program that only the prosecutor is allowed by law to operate, and then conditionally dismissing infractions because of attendance. The Hammond City Court Traffic School was usually taught by city police officers Thursday evenings or Saturday mornings at the court.

Judge Harkin would tell the litigants that their case would be dismissed and no points assessed on their driver's licenses if they paid an administrative fee and successfully completed the traffic school class, the complaint says.

That practice was ongoing between 2005 and early 2011, with an administrative fee of $75 charged from 2005 to 2009 and then $100 starting last year. Instead of distributing money to the state, county, and city as required, the judge unlawfully distributed 60 percent of the administrative fee to Hammond for renting the meeting rooms and 40 percent to the Northwest Indiana Traffic School to administer the program.

An estimated $180,000 in fees should have been distributed to the state and county between January 2010 and March 2011, according to the charging document.

Despite annual audit warnings from the State Board of Accounts from 2005 to 2010, Judge Harkin continued operating the school and not assessing the required court costs against those defendants who successfully completed the courses, the complaint says.

A third misconduct charge stems from an August 2010 seatbelt violation case where defendant Matthew Aubrey alleged the judge made inappropriate comments to him and dissuaded him from contesting the ticket in court. When the judge called Aubrey's name for the hearing to begin, the man said he had paperwork and legal analysis to support his defense against the ticket. Judge Harkin rolled his eyes and asked Aubrey if he was an attorney, the charges say, and then the judge suggested Aubrey should not exercise his right to trial. In part, Judge Harkin said it would cost "10 times more than the original ticket" because of court and legal costs, and that convinced Aubrey to admit the infraction.

The judicial qualifications commission alleges that Judge Harkin routinely acted without appropriate statutory or other legal authority in regard to the traffic school program and in not assessing the required court costs, as well as violating the conduct rules with his statements and conduct during the Aubrey proceedings.

On the bench since April 2001, Judge Harkin has no previous disciplinary history. He has 20 days to file an answer - though it's not required - and then the Indiana Supreme Court would appoint three masters to hear the evidence and conduct a hearing if no settlement is reached. The state's justices have final authority on any agreement or disciplinary decision, and if any misconduct is found they'd be responsible for any sanctions that might be necessary.
Click to expand...

source: http://www.theindianalawyer.com/hammond-traffic-judge-faces-misconduct-charges/PARAMS/article/26674

Dewey120 · Mar 16, 2013

I got a truck route violation ticket near downtown LA, it was 1.5 points on my MVR and NO CSA points.

Superhauler · Mar 16, 2013

csa points only apply if dot inspected.

mikec265 · Mar 16, 2013

Now $100 to a screw ball judge is almost low enough to stop this cheap ### from crying about a ticket!

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