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Failure to exhibit Driver License

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PreetiZ

Junior Member
What is the name of your state (only U.S. law)? New Jersey

I was pulled over by a police car after crossing an intersection on yellow light (turned red when I was about to complete the crossing), I thought I was caught for jumping the signals. I was asked to present my documents, and I did, unfortunately I was not carrying my DL. Ok, my bad, double fine for sure!! However it wasn't nearly like what I thought. The officer issued me a ticket for failure to exhibit DL instead of failure to observe the signals( I supposed), explaining that he saw me jumped on red light, since that would result in a bigger amout of fine plus 4 points, he then decided to let me get away with only a minor ticket.

Since this is my first ticket ever and I need someone here to tell me if I stand any chance to defend for myself in court and what are the chances that the judge can dismiss the charge??

One more concern that I have is if I defend myself against the ticket issued, will the police officer bring up the issue of jumping the signals in the court? Is it that it was lack of evidence that the police officer did not issue me a ticket for going on the yellow light, or He did feel PITY for me and saved me out of hell lots of trouble??

Someone please help!!
 


seniorjudge

Senior Member
Q: Since this is my first ticket ever and I need someone here to tell me if I stand any chance to defend for myself in court and what are the chances that the judge can dismiss the charge??

A: Bring your current OPL to court; if it was valid on the day you got the ticket, things will go better for you in court. I can't predict the future.


Q: One more concern that I have is if I defend myself against the ticket issued, will the police officer bring up the issue of jumping the signals in the court? Is it that it was lack of evidence that the police officer did not issue me a ticket for going on the yellow light, or He did feel PITY for me and saved me out of hell lots of trouble??

A: I don't know why you didn't get two tickets; what you did was probable cause for being stopped. If there is a trial, it will be brought up.
 

I_Got_Banned

Senior Member
One more concern that I have is if I defend myself against the ticket issued, will the police officer bring up the issue of jumping the signals in the court? Is it that it was lack of evidence that the police officer did not issue me a ticket for going on the yellow light, or He did feel PITY for me and saved me out of hell lots of trouble??

Someone please help!!
Let's assume that it was lack of evidence...

The officer did in fact do you a HUGE favor by letting you slide on the red light citation.
Had he cited you for that, would it have been difficult for you to fight it?
Yes.
Why: Because typically, a timing judgment call usually is weighed in favor of the officer.

So do you deserve another break on your "failure to exibit you license" citation? I would consider it a slap in my face if I were the officer and yes, I would mention the red light violation.
 

PreetiZ

Junior Member
Q: Since this is my first ticket ever and I need someone here to tell me if I stand any chance to defend for myself in court and what are the chances that the judge can dismiss the charge??

A: Bring your current OPL to court; if it was valid on the day you got the ticket, things will go better for you in court. I can't predict the future.


Q: One more concern that I have is if I defend myself against the ticket issued, will the police officer bring up the issue of jumping the signals in the court? Is it that it was lack of evidence that the police officer did not issue me a ticket for going on the yellow light, or He did feel PITY for me and saved me out of hell lots of trouble??

A: I don't know why you didn't get two tickets; what you did was probable cause for being stopped. If there is a trial, it will be brought up.
Senior Judge, thanks for the reply. So are you meant to say that I may get myself into bigger trouble if I appeal for the ticket I got, because the officer may bring up the issue for jumping the signals?

Neither did I know why I wasn't given two tickets. That's why I was suspecting that there wasn't enough evidence to support it.
 

PreetiZ

Junior Member
Let's assume that it was lack of evidence...

The officer did in fact do you a HUGE favor by letting you slide on the red light citation.
Had he cited you for that, would it have been difficult for you to fight it?
Yes.
Why: Because typically, a timing judgment call usually is weighed in favor of the officer.

So do you deserve another break on your "failure to exibit you license" citation? I would consider it a slap in my face if I were the officer and yes, I would mention the red light violation.
Thanks for the reply,Banned. If it were lack of evidence, the officer did not do me any favor. If he had a proof of that, and let me get away with it, Yes, that is a Huge favor he's doing for me.

Whatever cause it might be that I wasn't given two tickets, the only reason I want to defend in court is I am currently going through terrible economic crisis personlly, 180 dollars may seem okay for somebody, but that's hard for me, very hard.
 

I_Got_Banned

Senior Member
If it were lack of evidence, the officer did not do me any favor.
It's not lack of evidence... here's why: the officer had probable cause to pull you over. the first thing he discussed with you was (and even though you claim you crossed the limit line on yellow and it turned red while you're in the intersection) that he saw you cross on red. If he didn't have enough reason to write you a citation, he would not have pulled you over.

Even if he was not totally convinced that you crossed on red, do you think he could have written the citation and told you a flat "tell it to the Judge"?
Yes he could have.
Had that happened, could he have testified that he saw you cross on red?
Yes he can.
Do you think the Judge is gonna believe your version of the story or the officer's version of the story?
I'm willing to bet you that your version would have no bearing whatsoever on the outcome of the case!
So let's toss this "lack of evidence" theory that you have...

Now, as to your wondering whether the officer will mention you crossing a red light as part of his testimony... Let me make you another bet. I bet you that as the officer begins his testimony he will start with something like this:

On such and such a time, onsuch and such a date I observed the defendant crossing a red light at the intersection of X-Street and Y-road.... or something to that effect...

As he is saying that, the Judge glances at the court's copy of your citation, sees that the officer did not cite for the violation he intitally pulled you over for... I wonder what he's thinking at that point!!!!!

That will be the first fact that the officer will mention. With it being the first piece of "EVIDENCE" presented in your case, do you think it will impact the Judge's decision any?

I'll let you decide that when you hear the verdict.
I am currently going through terrible economic crisis
WHAT??? This, at a time when the entire world is enjoying this period of great prosperity and over abundant wealth? Say it isn't so...

180 dollars may seem okay for somebody, but that's hard for me, very hard.
Have you looked into how much a red light violation fine is? Add that to the $180 and then let's talk about it being hard, very hard for you!!!!!

That should make paying the $180 a breeze....

Hey, if the Judge cuts you another break, after the break that the officer gave you (one which you obviously have not even considered, let alone appreciated) then more power to you... I'm just preparring you for the possible disappointment that you might feel if and when he turns you down.

If he does turn you down, just consider yourself much luckier than most drivers appearing in court that day... Drivers who were cited for the violation they were initially pulled over for. Whereas you didn't!

Good luck! And I mean that sincerely...
 

Nativity

Member
I agree with IGB, consider it a $180 lesson learned. The Officer cut you a break, be grateful for it, thank your lucky stars, thank St. Christopher; Thank whoever. Just don't try to get out of it completely you may get slapped with a larger fine.

Most Magistrates work out payment arrangements; plead guilty and see what they can set up for you.
 

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