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  1. #1
    coledog855 is offline Junior Member
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    Disregarding a Stop Sign trial?

    South Carolina

    I'm 16 years old, male, and drive a station wagon with front and rear tinted windows.
    I was driving up to a stop sign facing a police car that was hiding from traffic to catch speeding cars. I came to the intersection at the speed limit. Put on my turning signal, and slowed to what I consider a stop, (I felt the car lurch from the brakes to a stop). Then I proceeded with the right hand turn. The cop pulled out and flashed his lights at me. He asked for my registration and license then asked me about my tinted windows. I told him I had them done at a certified shop, but they didn't apply the stickers saying the tint level. He came back with a $232 ticket for "Disregarding a Stop Sign" and 4 points off my license. My premiums will sky rocket, and I don't have the money to pay for it!!!

    What are your suggestions for fighting this ticket? I feel that since my windows are darkly (but legally) tinted, that he was stopping me hoping to find drugs. He found nothing, and he had wasted 10 minutes of potential income from speeders, so he gave me the maximum fine for running a stop sign. I also have a friend that witnessed me leaving the intersection and she says that it appeared that I came to a stop, then proceeded with caution.
  2. #2
    coledog855 is offline Junior Member
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    bump to the top
  3. #3
    seniorjudge Guest
    Q: What are your suggestions for fighting this ticket?

    A: All of your defenses are rendered useless by this fact: Put on my turning signal, and slowed to what I consider a stop, (I felt the car lurch from the brakes to a stop).

    Pay the ticket.
  4. #4
    rmet4nzkx is offline Senior Member
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    No certification, the windows were not legally tinted now were they? Does driving a station wagon around make you immune to traffic laws. Full and complete stop, not a lurching stop. Let this be a lesson learned.
  5. #5
    coledog855 is offline Junior Member
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    I used the word "lurch" because I couldn't think of a way to describe what a complete stop feels like. I didn't sit at the sign for 3 seconds, but I didn't roll through it.
  6. #6
    seniorjudge Guest
    I used the word "lurch" because I couldn't think of a way to describe what a complete stop feels like.

    It feels like you stopped.
  7. #7
    coledog855 is offline Junior Member
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    So, I have a credible witness saying I stopped, and since my speedometer takes about 5 seconds to decend to complete zero, I have to know what it feels like to eliminate the rotation of tires.
  8. #8
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by coledog855
    So, I have a credible witness saying I stopped, and since my speedometer takes about 5 seconds to decend to complete zero, I have to know what it feels like to eliminate the rotation of tires.
    Maybe that is because you have never made a full and complete stop. Your friend will not be a credible witness. Also a proper stop should not have any Jerkiness to it.
  9. #9
    coledog855 is offline Junior Member
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    I can see that you are probably correct about the witness. What is my best chance of having this dropped. I've talked with several lawyers that say trial by jury. Is there a chance that the ticket can be dropped?

    It is pointless to go back and forth about whether I stopped or creeped through. The office had a straight on view of my car, and could not see my wheels. He was also about 80 yards away.

    I feel that he pulled me over for having tinted windows hoping to find something on me that was illegal. Then he threw the book at me for him wasting his time.

    Also, the city codes states that $100 is the maximum fine for running a stop sign in city limits. And the state says $232. I was in city limits.
  10. #10
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by coledog855
    I can see that you are probably correct about the witness.
    Of course I am.
    What is my best chance of having this dropped.
    A comet crshing into SC.
    I've talked with several lawyers that say trial by jury.
    Were they smirking as they said that?
    Is there a chance that the ticket can be dropped?
    Just slightly less than cows flying.

    It is pointless to go back and forth about whether I stopped or creeped through. The office had a straight on view of my car, and could not see my wheels. He was also about 80 yards away.
    So, he saw you, that is not far.

    I feel that he pulled me over for having tinted windows hoping to find something on me that was illegal. Then he threw the book at me for him wasting his time.
    You do have tinted windows and they are not certified.

    Also, the city codes states that $100 is the maximum fine for running a stop sign in city limits. And the state says $232. I was in city limits.
    You were also in the state
  11. #11
    seniorjudge Guest
    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.

    Bathe and wash your hair.

    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.


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

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

    2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

    3. Iíve got a job in [name a state five hundred miles away].

    4. This is the first time I ever did this.

    5. Youíve got the wrong guy. (A variation of this one is the phantom defendant story: ďIt wasnít me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.Ē)

    [url]http://forum.freeadvice.com/showthr...4687#post854687[/url]

    Other people may give you other advice; stand by.
  12. #12
    coledog855 is offline Junior Member
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    Thank for your responses. I am planning on posponing the court date (for legit reasons). Then I am going to go to court, plead not guilty, and explain with the judge the circumstances and variables in the cops judgement. I know people who have had much more serious tickets dropped, so maybe I have a chance. If not, then I'm screwed.
  13. #13
    seniorjudge Guest
    Quote Originally Posted by coledog855
    Thank for your responses. I am planning on posponing the court date (for legit reasons). Then I am going to go to court, plead not guilty, and explain with the judge the circumstances and variables in the cops judgement. I know people who have had much more serious tickets dropped, so maybe I have a chance. If not, then I'm screwed.
    Post back with results.
  14. #14
    coledog855 is offline Junior Member
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    Is it possible for me to plead guilty to illegal windows and have the ticket dropped, but pay the windows fine? (Sorry, not sure of the legal term)
  15. #15
    rmet4nzkx is offline Senior Member
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    You can ask that question when at court. Make sure you have your receipts for the windows to take to court, the court will be interested in who is performing questionable work requiring certification and not giving it. Who knows, you may even have a chance. Just tell the truth, the facts, don't go into what you believe the officer's intent was because the windows attracted his attention giving him probable cause, unless asked.

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