Wierd One

What is the name of your state? Indiana

I have a wierd situation with a ticket. We have an intersection near our house where it is only possible to make a left turn if you pull out into the intersection and then turn (hopefully on the yellow), when the other traffic starts to stop. This is pretty much all the time, in all directions.

My daughter got a ticket for doing that (end of the month). She also got a ticket for "minor in possession of tobacco" because one of her friends in the back seat had cigarettes.

Anyway, I decided that she should fight both tickets. We don't need the insurance hit. She clearly wasn't in possession of the cigarettes...and the city knows that intersection is impossible. So, I had her sign the tickets indicating that she wanted a hearing.

We got back the paperwork for the hearing....and guess who is listed as the defendent? ME, not my daughter! 47 year old me is charged with being a minor in possession of tobacco.

Of course when I go to court its going to be obvious that something is "amiss"....since Its been almost 30 years since I have been a minor....lol...I am actually kind of looking forward to seeing everyone's face when they call me up....but should I be taking some sort of proof (like proof that I was at work etc.) with me to demonstrate that I was not driving the car? Will they then transfer the charges back to my daughter and hear them that day? Or will we have to wait another three months for another hearing for her?

I haven't been to traffic court for 20 years...

LdiJ said:

What is the name of your state? Indiana

I have a wierd situation with a ticket. We have an intersection near our house where it is only possible to make a left turn if you pull out into the intersection and then turn (hopefully on the yellow), when the other traffic starts to stop. This is pretty much all the time, in all directions.

My daughter got a ticket for doing that (end of the month). She also got a ticket for "minor in possession of tobacco" because one of her friends in the back seat had cigarettes.

Anyway, I decided that she should fight both tickets. We don't need the insurance hit. She clearly wasn't in possession of the cigarettes...and the city knows that intersection is impossible. So, I had her sign the tickets indicating that she wanted a hearing.

We got back the paperwork for the hearing....and guess who is listed as the defendent? ME, not my daughter! 47 year old me is charged with being a minor in possession of tobacco.

Of course when I go to court its going to be obvious that something is "amiss"....since Its been almost 30 years since I have been a minor....lol...I am actually kind of looking forward to seeing everyone's face when they call me up....but should I be taking some sort of proof (like proof that I was at work etc.) with me to demonstrate that I was not driving the car? Will they then transfer the charges back to my daughter and hear them that day? Or will we have to wait another three months for another hearing for her?

I haven't been to traffic court for 20 years...

Click to expand...

Go down to the clerk's office, light up a stogie, blow a little smoke in his/her face, and say, "Let me see the file."

The official file has the real defendant in there. If it IS you in the official file, keep your mouth shut and go to court. When the judge sees you and says, "You look like you might over 18," thank him and ask him to dismiss the ticket, including the one for driving, since obviously the cop has no idea what he is doing.

If, on the other hand, your daughter is on the official file, then it is her problem.

The tobacco rap is a CS charge and ask the clerk/prosecutor if daughter pleads to nonmoving violation, will you drop the CS charge after changing the traffic to nomoving.

seniorjudge said:

Go down to the clerk's office, light up a stogie, blow a little smoke in his/her face, and say, "Let me see the file."

The official file has the real defendant in there. If it IS you in the official file, keep your mouth shut and go to court. When the judge sees you and says, "You look like you might over 18," thank him and ask him to dismiss the ticket, including the one for driving, since obviously the cop has no idea what he is doing.

If, on the other hand, your daughter is on the official file, then it is her problem.

The tobacco rap is a CS charge and ask the clerk/prosecutor if daughter pleads to nonmoving violation, will you drop the CS charge after changing the traffic to nomoving.

Click to expand...

Thanks....I will definitely go look at the file. I actually do see the "humor" in this and am enjoying that part. I do also appreciate the tip on how to handle it if she is the one on the file.

Believe it or not I feel responsible for her getting the ticket for turning left on the "orange". When I was teaching her to drive we irritated the heck out of a lot of other motorists at that intersection because only one person ends up being able to turn left on each cycle of the lights...and several times she ended up not turning at all.....so of course I taught her differently....but I forgot to warn her to avoid that intersection at the end of the month. Most of us who live in the area have some creative ways to avoid dealing with that intersection.

well

seniorjudge said:

Go down to the clerk's office, light up a stogie, blow a little smoke in his/her face, and say, "Let me see the file."

The official file has the real defendant in there. If it IS you in the official file, keep your mouth shut and go to court. When the judge sees you and says, "You look like you might over 18," thank him and ask him to dismiss the ticket, including the one for driving, since obviously the cop has no idea what he is doing.

If, on the other hand, your daughter is on the official file, then it is her problem.

The tobacco rap is a CS charge and ask the clerk/prosecutor if daughter pleads to nonmoving violation, will you drop the CS charge after changing the traffic to nomoving.

Click to expand...

I personally hate it when someone insists I couldn't possibly pass for 18..

Good luck LdiJ! Keep us posted!

Do you and your daughter have the same name? Are you getting the summons because parents appear with their minor children?
Remember, Possession charges can be brought against the driver even if another occupant has possession, so even if the minor in the backseat had tobacco, either you or your daughter depending on who was the driver could be charged. While your insurance doesn't need another hit, how will these charges affect your daughter's probation? You really need to both make sure she is more careful at that intersection and also that she doesn't provide transportation for anyone else violating the law, you know the trouble she got in for that very reason last summer
I suppose you will be deleting this thread to pretend as if it didn't happen.

rmet4nzkx said:

Do you and your daughter have the same name? Are you getting the summons because parents appear with their minor children?
Remember, Possession charges can be brought against the driver even if another occupant has possession, so even if the minor in the backseat had tobacco, either you or your daughter depending on who was the driver could be charged. While your insurance doesn't need another hit, how will these charges affect your daughter's probation? You really need to both make sure she is more careful at that intersection and also that she doesn't provide transportation for anyone else violating the law, you know the trouble she got in for that very reason last summer
I suppose you will be deleting this thread to pretend as if it didn't happen.

Click to expand...

Ask for the nonmoving violation.

and

seniorjudge said:

Ask for the nonmoving violation.

Click to expand...

ask for the non smoking courtroom.

rmet4nzkx said:

Remember, Possession charges can be brought against the driver even if another occupant has possession, so even if the minor in the backseat had tobacco, either you or your daughter depending on who was the driver could be charged.

Click to expand...

Boy, I would love to read that law. Any idea where I can find it online? Thanks.

conflix said:

Boy, I would love to read that law. Any idea where I can find it online? Thanks.

Click to expand...

It's very common, just do a search on these forums under the term, "possession". This is also similar to DUI and DWI charges on a person sitting or sleeping inside a vehicle, they don't have to be driving. OP's daughter is on probation and may have something to do with the charges.

rmet4nzkx said:

Do you and your daughter have the same name? Are you getting the summons because parents appear with their minor children?
Remember, Possession charges can be brought against the driver even if another occupant has possession, so even if the minor in the backseat had tobacco, either you or your daughter depending on who was the driver could be charged. While your insurance doesn't need another hit, how will these charges affect your daughter's probation? You really need to both make sure she is more careful at that intersection and also that she doesn't provide transportation for anyone else violating the law, you know the trouble she got in for that very reason last summer
I suppose you will be deleting this thread to pretend as if it didn't happen.

Click to expand...

No, my daughter and I don't have the same name. No, I am not getting the summons because parents appear with their minor children. I am the actual defendent listed on the paperwork. My daughter was only given three months probation and even with the technical delays that was over with more than 8 months ago.....which you KNOW...therefore your statement is gratuitous. I deleted my previous threads at the recommendation of the site administrator because you were abusing the information. It appears that you intend to continue to do so.

seniorjudge said:

Ask for the nonmoving violation.

Click to expand...

I am going to follow your advice. However my daughter is not on probation and hasn't been for quite some time.

There also are no other "hits" on her driving record. For some reason they assigned her a brand new number when she got her driver's license. However her insurance is expensive enough just being a youthful driver.

rmet4nzkx said:

Remember, Possession charges can be brought against the driver even if another occupant has possession, so even if the minor in the backseat had tobacco, either you or your daughter depending on who was the driver could be charged.

Click to expand...

Okay, so what you're saying is IF my 15 year old next door neighbor asks me for a ride to the train station and we get stopped by the police who recover from my neighbor's front right jacket pocket, two bundles of glassine bags filled with Brain Damage, I am also going to be charged with possession of a controlled substance because I am operator of the car?

Does this rule apply to city or school bus drivers? Does it also apply to the mom who picks her kid up at school and offers to give his new classmate a ride home?

LdiJ said:

No, my daughter and I don't have the same name. No, I am not getting the summons because parents appear with their minor children. I am the actual defendent listed on the paperwork. My daughter was only given three months probation and even with the technical delays that was over with more than 8 months ago.....which you KNOW...therefore your statement is gratuitous. I deleted my previous threads at the recommendation of the site administrator because you were abusing the information. It appears that you intend to continue to do so.

Click to expand...

Well, now, after all your threats and accusations against me because you won't tell the truth and insist on telling people to defy court orders, give incorrect advice and I pointed it out using your very own words to prove it. After you said Mary was going to do this and that to me because YOU deleted the posts about your daughter's criminal activities you finally admit you deleted the posts about your daughters involvement in criminal activities and admit she was on probation.

How unfair to your daughter that she got probation for being involved in a MURDER she was accused of driving the get away car and gets off with probation? You made the plea agreement, because she was there, involved with the wrong peole. Now you come here when she is in trouble, again only a few months later? In most states she would not have been allowed her license until she was 18 after involvement in serious criminal activity.

Murder/Manslaughter is usually considered, serious. Well, you can delete this again, but when you go to court you will have to face the charges, or your daughter will and they will have questions for both of you and you can't delete her recent offences in court like you can here. And if it is a small town, you can bet the police won't forget either. You can be honest here as hard as that is for you and get advice or you can go on thinking, ".... I actually do see the "humor" in this and am enjoying that part. "

You go on to say that " I feel responsible for her getting the ticket for turning left on the "orange". When I was teaching her to drive we irritated the heck out of a lot of other motorists at that intersection because only one person ends up being able to turn left on each cycle of the lights...and several times she ended up not turning at all.....so of course I taught her differently....but I forgot to warn her to avoid that intersection at the end of the month." Why do you have to avoid that intersection at the end of the month?

So you taught her to violate the law, a girl on probation for participating in activity involving her, a vehicle and a murder. Your daughter is lucky to have gotten off so easily and then you teach her to violate the law and then want to get her out of it when she is caught and think it is all so funny? You have no respect for the legal system.

When you go before the judge tell them you think it is all so funny....

Don't tell me how Mary is going to do anything to me for pointing out what you said.
https://forum.freeadvice.com/showthread.php?t=226333 https://forum.freeadvice.com/showthread.php?t=230361

My advice is for you to go and tell the truth, take responsibility for yourself and your daughter and in the future, supervise your daughter more closley.