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Error on ticket and another question

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james8591

Junior Member
Yesterday I was ticketed in Kansas for running flashing railroad signal on a highway.

The signal started flashing when I was about 150-200 feet from the railroad tracks while I was traveling at the posted speed of 50 mph. There were numerous vehicles well off the side of the road on the railroad easement. The light came on right at that point in time where you can probably stop but you'd 1) have to react very quickly and 2) hit your brakes hard. I made a judgement that I could not stop safely so I continued on. It turns out one of the vehicles was the RR police and he ticketed me for not obeying the RR signal.

Two questions: 1) on the ticket, alll the officer wrote under violation was "Section 8 of K.A.R. 1551; however there is no such regulation (Kansas Administrative Regulations). After some research I learned the proper citation is Section 8 of Kansas Statutes Annotated (KSA). Is this a sufficient error to cause my case to be dismissed? He didn't write anything else, i.e. disobeying RR signal, etc.

2) Can I win on the details of the timing, speed, proximity to RR when the light started flashing?

I've had a few tickets and always plead guilty because I was, but this one just doesn't seem right.

Thanks in advance
 


seniorjudge

Senior Member
james8591 said:
Yesterday I was ticketed in Kansas for running flashing railroad signal on a highway.

The signal started flashing when I was about 150-200 feet from the railroad tracks while I was traveling at the posted speed of 50 mph. There were numerous vehicles well off the side of the road on the railroad easement. The light came on right at that point in time where you can probably stop but you'd 1) have to react very quickly and 2) hit your brakes hard. I made a judgement that I could not stop safely so I continued on. It turns out one of the vehicles was the RR police and he ticketed me for not obeying the RR signal.

Two questions: 1) on the ticket, alll the officer wrote under violation was "Section 8 of K.A.R. 1551; however there is no such regulation (Kansas Administrative Regulations). After some research I learned the proper citation is Section 8 of Kansas Statutes Annotated (KSA). Is this a sufficient error to cause my case to be dismissed? He didn't write anything else, i.e. disobeying RR signal, etc.

2) Can I win on the details of the timing, speed, proximity to RR when the light started flashing?

I've had a few tickets and always plead guilty because I was, but this one just doesn't seem right.

Thanks in advance

Sure. Plead not guilty and have a jury trial. Then after the state rests, move to dismiss.

They will probably refile the ticket if they don't discover the error before trial.








Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

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