bogus ticket

What is the name of your state?What is the name of your state? Arizona


i was recently involved in a traffic accident where the other driver had pulled off the road into a turnout, and as i drove by they pulled out to make a U turn and struck the rear wheel of my vehicle. The impact momentarily threw my vehicle into the oncoming lane until i regained control and pulled safely off the road as did they (heading in the now opposite direction).

According to the officer, both parties were cited. I was cited for passing in a no passing zone...(WTF???)

Here are some details that concern me and may or may not be of any consequence:

the officer never once asked me for a statement, yet spent 20 minutes or more talking to the other party (out of my earshot) i was changing my tire, but that did not take very long.

He served the ticket to me without me signing it.

when i asked him if he "was interested in hearing a statement from me", he threatened to add on other citations. Excessive speed was mentioned, contrary to his already written report that stated my speed as within the posted limit. I was not argumentative with him in case anyone may wonder about my attitude. I simply asked in a civil manner if he was interested in hearing form me.

this all happened while driving through a Federal Park

Just looking for some ideas on how to approach this in court. I am not good at speaking in public.

Thanks,

MPA

[JETX]

Thank you for your wonderful post. Have you considered answering one of those 'You can write' advertisements in the matchbooks?? You have a real talent.

So, I suggest two things:
1) Next time you write, at least ask ONE legal question. After all, this IS a legal advice forum, and
2) Only you can prevent forest fires!!

[James Young]

MPA writes:

Get yourself an attorney local to the jurisdiction in which the citation was issued. If this was the Grand Canyon, I believe that’s Flagstaff (Coconino County). What agency was the officer from? Park ranger, tribal police, county sheriff, AZ State Patrol? Edited to add: Consult your insurance company about defending you. They may have enough of a stake in this to put up one of their guys; however, the damage sounds too minor for that.

According to the officer, both parties were cited. I was cited for passing in a no passing zone.

Your attorney can verify this. It may or may not be important. What was the other driver cited for? Look for “failure to yield,” which would imply that you had the right of way and therefore passing in a non passing zone would be inapplicable. How else is one supposed to get past a stopped car?

the officer never once asked me for a statement, yet spent 20 minutes or more talking to the other party (out of my earshot) i was changing my tire, but that did not take very long.

It certainly seems sloppy to me but not necessarily sinister. Your attorney can force disclosure of all the officer’s notes, diagrams, etc and depose him to ascertain what the conversation was about.

[i]He served the ticket to me without me signing it.[/]

Likely irrelevant.

when i asked him if he "was interested in hearing a statement from me", he threatened to add on other citations. Excessive speed was mentioned, contrary to his already written report that stated my speed as within the posted limit

I was in the GC about two weeks ago and traveling over the limit is damn near impossible. Why was the cop a prick? Because he could be. Don't sweat it.

Just looking for some ideas on how to approach this in court. I am not good at speaking in public.

That’s why you let your attorney do it for you. You probably won’t even have to show up. My ideas are above. And your request is the point of the post. I got it.

CAUTION: You’re going to get all kinds of silly, incorrect, worthless, and condescending “advice” from our resident LEOs. See immediately supra. Ignore them.

[JETX]

Originally Posted by James Young

Consult your insurance company about defending you. They may have enough of a stake in this to put up one of their guys; however, the damage sounds too minor for that.

WRONGO!! If you had read the original post and understood it, you would have known that this is not a damage claim, but about a traffic ticket ("I was cited for passing in a no passing zone"). There is NO obligation for a persons insurance to provide legal counsel for a traffic citation.

What was the other driver cited for? Look for “failure to yield,” which would imply that you had the right of way and therefore passing in a non passing zone would be inapplicable.

Wrongo again.
The only issue at this point in the writers post is his traffic ticket. There is NOTHING about a property damage claim (which may, or may not, come later). What the other driver may have been cited for has NO bearing on this issue.

My ideas are above.

And of course, have absolutely NOTHING to do with the question(s) asked by the writer.

CAUTION: You’re going to get all kinds of silly, incorrect, worthless, and condescending “advice” from our resident LEOs. See immediately supra. Ignore them.

As this post from James Young is..... silly, incorrect and worthless. But what do you expect from a spoiled punk kid who has already shown his ignorance and refusal of compliance with the laws??

[AHA]

Just see how few posts "the genious" has made(36)! And that makes him know everything about everything......I don't think so.

[James Young]

James Young writes:

Consult your insurance company about defending you. They may have enough of a stake in this to put up one of their guys; however, the damage sounds too minor for that. [Emphasis in original.]

JETX responds:

WRONGO!! If you had read the original post and understood it, you would have known that this is not a damage claim, but about a traffic ticket ("I was cited for passing in a no passing zone"). There is NO obligation for a persons insurance to provide legal counsel for a traffic citation.

A claim against MPA’s insurance may arise from the incident and the other party may assert contributory negligence. Removal of the citation reduces the chance of them prevailing; for the insurance company it is a tactic, not an objective. However, it is probably moot since the damage appears to be minimal. If the insurance company does not defend, I still suggest that MPA get his own attorney to handle it on his behalf.

JY:

What was the other driver cited for? Look for “failure to yield,” which would imply that you had the right of way and therefore passing in a non passing zone would be inapplicable.

Wrongo again.
The only issue at this point in the writers post is his traffic ticket. There isNOTHING about a property damage claim (which may, or may not, come later). What the other driver may have been cited for has NO bearing on this issue.

Nonsense. See above. It sounds to me like the two citations are in basic conflict. Either MPA did not have the ROW and passed in a no-passing zone OR the other party was stopped and failed to yield upon entering the roadway. You can’t have it both ways because the conditions are mutually exclusive. A citation for failure to yield or exercise due care is evidence that supports MPA’s position.


JY:

CAUTION: You’re going to get all kinds of silly, incorrect, worthless, and condescending “advice” from our resident LEOs. See immediately supra. Ignore them.

As this post from James Young is..... silly, incorrect and worthless.

I’ll leave that decision to MPA.

But what do you expect from a spoiled punk kid. . .

Who has probably been driving longer than most of the posters herein have been alive. And who has taken great effort to advance the causes of improved traffic safety, traffic flow, effective public policy and accountability from those who enforce that policy.


. . . who has already shown his ignorance. . .

I’ll put my analysis up against yours anytime. So far, all you’ve offered is condescension and puerile cop humor. Let’s let the questioners decide who has the more useful advice.


. . . and refusal of compliance with the laws??

I do not always comply with the speed limits, opting instead to travel at rational, safe and productive speeds, along with the rest of the driving population. I always comply with URROW even though several posters have suggested otherwise in their straw man arguments..

[JETX]

Simply, you're wrong and not intelligent enough to realize it, or have the cajones to admit it.
(And no, I didn't read your blithering response as I already know from your other posts that it is just more 'babble-speak' trying to convince yourself that you are right..... you're not!).

[James Young]

JETX writes:

…you're wrong…I didn't read your blithering response

[JETX]

Originally Posted by James Young

JETX writes:

…you're wrong…I didn't read your blithering response

Yep, it became obvious to me that your post was just more of your ranting and raving when you tried to argue that the writers insurance company would provide a defense attorney for the ticket************** from that point on, it was obvious that your post was just more 'smoke and mirrors' lies that you were making up to support your incorrect claims.

[James Young]

JETX writes:


Yep, it became obvious to me that your post was just more of your ranting and raving when you tried to argue that the writers insurance company would provide a defense attorney for the ticket.

Wrong. I merely pointed out that such a defense was possible as a tactic to avoid the damage claim. Sh!t, you can’t even restate my argument correctly.

...... from that point on, it was obvious that your post was just more 'smoke and mirrors' lies that you were making up to support your incorrect claims.

I have nothing to gain by lying.

You need to take the advice of your own tagline.

Well, James, thanks for taking the time to reply. I appreciate it.

I certaintly didn't mean to start any wars...

And thanks for absolutely nothing Jetx...if you could read you would have seen my request for input as did James. Instead you seem to have nothing better to do with your time than act like every other arrogant, smartass worthless person i have ever met.

Don't waste your time with him/her James...ain't worth it.

MPA

[James Young]

MPA writes:

Well, James, thanks for taking the time to reply. I appreciate it.

You’re welcome.

Don't waste your time with him/her James...ain't worth it.

I know. It’s like lining up cats.

[JETX]

Originally Posted by James Young

I know. It’s like lining up cats.

And I HATE cats!

[James Young]

Originally Posted by JETX

And I HATE cats!

Amazing! Let the word go forth from this time and from this place that JETX and James Young finally agree on something.

[JETX]

Originally Posted by James Young

Amazing! Let the word go forth from this time and from this place that JETX and James Young finally agree on something.

Oh, Christ!! Now your trying to 'buddy up' to me!!!

Sorry, but you are such an idiot, that you would have to climb a long, LONG ladder to even get to the point that you can SEE my feet!