Help needed!! Disregarding Stop Sign (Court Date Tomorrow)

[Matth3wJL]

What is the name of your state? Michigan

This is basically my first ticket ever and I need some advice on how to work my way out of the points all together and possibly get a dismissal of ticket threw perhaps driving school?? I am 19 years old, I am located in Rochester Hills, MI and the Court is the 52nd-3rd in Rochester Hills. The fine is $110 and 3 points.

Basically I was pulling into Oakland University (college I attend) and came up to a stop sign to make a right turn... I made the right turn and about a half a mile maybe a bit more down I see I police car coming up from behind me at the end of the road where I pulled in. I made sure I stopped at the stop sign coming up because I saw her in my rear view mirror. I then turned left and she continued to follow me. Then she flipped on her lights and pulled me over. I was written a ticket for disregarding a stop sign apparently where I pulled in. The thing is I did not see a officer anywhere in the area and don't believe that she had a clear view of me and the stop sign, seeing she was so far behind me when I was pulled over.

I am going to the court tomorrow and I need advice how to fight this, or ever fight it at all? Should I ask if there’s a traffic course I can take seeing it’s my first ticket ever to try to get it dismissed? I'm not sure what to do!! It is in front of a magistrate with me and the officer. The officer was a pretty young and in the OU campus division, I believe she was pretty new.

Any advice would be great.

Thanks for your help,

Matt

[The Occultist]

If I were an officer, and I wanted to catch people doing illegal activities, do you think I'd be right out in front of you where you could see me? No, I'd probably remain at least somewhat hidden in order to catch you in the act. The fact that you did not see the officer when you committed the crime means ABSOLUTELY NOTHING. As for her being new, if you try to bring that up, it will not get you anywhere. Being new simply means she might not be completely familiar with all procedures, but I fail to see what that has to do with you not making a proper stop.

From what I can see, the only chance you have here at a reduced sentence is to get a plea bargain of some sort. This will come from the prosecutor. Talk to them.

[Matth3wJL]

Originally Posted by The Occultist

If I were an officer, and I wanted to catch people doing illegal activities, do you think I'd be right out in front of you where you could see me? No, I'd probably remain at least somewhat hidden in order to catch you in the act. The fact that you did not see the officer when you committed the crime means ABSOLUTELY NOTHING. As for her being new, if you try to bring that up, it will not get you anywhere. Being new simply means she might not be completely familiar with all procedures, but I fail to see what that has to do with you not making a proper stop.

From what I can see, the only chance you have here at a reduced sentence is to get a plea bargain of some sort. This will come from the prosecutor. Talk to them.

Couldn't I go for a dimissal at costs? Pay the fines and court fees if any and have it dismissed with no points? Its my first offense and I have no previous driving tickets of any sort. BTW it is an INFORMAL HEARING.

Thanks for the imput! Any help is appreciated!

[xylene]

Originally Posted by Matth3wJL

Couldn't I go for a dimissal at costs? Pay the fines and court fees if any and have it dismissed with no points? Its my first offense and I have no previous driving tickets of any sort.

You could go for that. Pretty simple. When you meat with the prosecutor, don't harp your good record, just ask:

"Look I have the money to clear this up now. Can we do that and avoid points?"

Worst s/he could say is NO. And s/he might.

[Matth3wJL]

Originally Posted by xylene

You could go for that. Pretty simple. When you meat with the prosecutor, don't harp your good record, just ask:

"Look I have the money to clear this up now. Can we do that and avoid points?"

Worst s/he could say is NO. And s/he might.

According to the courts site there is no Prosecutor.

"What is an Informal Hearing?

An Informal Hearing consists of the Magistrate, the respondent and the police officer who issued the ticket. Attorneys are not allowed to participate in an Informal Hearing. Both individuals are placed under oath and the Magistrate listens to the testimony. The burden of proving the defendant responsible is on the police officer, who is also called the plaintiff.

The plaintiff must prove by a preponderance of the evidence, or that it is more likely than not, that the respondent is responsible for the alleged traffic violation. The respondent is also entitled to testify, including having witnesses testify on his/her behalf.

At the conclusion of the hearing, the Magistrate will make a determination of responsible or not responsible. If either party is not satisfied with the outcome, the case may be appealed within seven days of the Informal Hearing to a Formal Hearing, which will then be sent to the Criminal Division and held before a District Judge.

If the decision is appealed by the respondent, a cash bond must be posted in the amount of the fine. A notice of the formal hearing will be mailed to the respondent within approximately two months."

Taken from there site:
[url]http://www.oakgov.com/dc52div3/traffic/traffic_faq.html#q2[/url]

[rmet4nzkx]

Did you signal, come to a complete stop and then turn right? There is a big difference in how this appears from the distance whether you come to a complete stop so don't think that a good defense.

[Matth3wJL]

Originally Posted by rmet4nzkx

Did you signal, come to a complete stop and then turn right? There is a big difference in how this appears from the distance whether you come to a complete stop so don't think that a good defense.

I know I signaled.

[rmet4nzkx]

Originally Posted by Matth3wJL

I know I signaled.

Can I take your omission of the rest of the response to mean that while you signaled, you failed to come to a complete stop before turning?

[Matth3wJL]

How shall I plea.. I would like ot go for dismissal with costs or dimissal with driving school!.. Are there any other dismissals again this is my first offense no previous points.

[sukharev]

From what I gather, you will likely have a mockup trial. That is, first you meet the officer, who actually may offer a deal to you with no points. If not, don't bother arguing with him, just say OK, I plead not guilty and proceed to "trial". You will face the judge, who likely will give you a lecture and find you guilty anyway. But, you may get lucky and he would let you go.

[Matth3wJL]

Originally Posted by sukharev

From what I gather, you will likely have a mockup trial. That is, first you meet the officer, who actually may offer a deal to you with no points. If not, don't bother arguing with him, just say OK, I plead not guilty and proceed to "trial". You will face the judge, who likely will give you a lecture and find you guilty anyway. But, you may get lucky and he would let you go.

Wouldn't I be better off Pleading Guilty with an explaniation and try to go for a dismissal with costs or dismissal with driving courses? Or maybe negociate something with the officer?

[The Occultist]

You could try that, but that doesn't mean the judge couldn't give you the harshest punishment possible if he so chose. Guilty with an explanation is still guilty.

[Matth3wJL]

Originally Posted by The Occultist

You could try that, but that doesn't mean the judge couldn't give you the harshest punishment possible if he so chose. Guilty with an explanation is still guilty.

Good news officer didn't show up it was dimissed!!! stress is gone! Thanks for the help everyone!!

[rmet4nzkx]

Originally Posted by Matth3wJL

Good news officer didn't show up it was dimissed!!! stress is gone! Thanks for the help everyone!!

What are you going to do every time you approach a STOP sign?

[Matth3wJL]

Originally Posted by rmet4nzkx

What are you going to do every time you approach a STOP sign?

*Sigh* I will come to a complete stop.. Signal then continue on my way when traffic clears =)