Local PD traffic violations

[inSD]

South Dakota.

My daughter got a ticket for failure to come to a complete stop. I see the local PD, everyday roll through the stop signs here. Has anyone else dealt with this in court?

Thanks in advance

Steve

[CdwJava]

Originally Posted by inSD

My daughter got a ticket for failure to come to a complete stop. I see the local PD, everyday roll through the stop signs here. Has anyone else dealt with this in court?

No court I have ever heard of has ruled that because someone else commits the same offense that the defendant should not be held accountable. This will not work - it is not a defense to the allegation.

If the officers are doing this on a regular basis, I would suggest contacting the agency's administration to tell them about it as it DOES set a bad example.

- Carl

[JIMinCA]

Unfortunately, Carl is probably right on this one. However, that doesn't mean that I wouldn't make a stink about it. I think I'd go into court with a few video clips of your local PD ignoring the rules that they are charging you with violating. I know that they are allowed to violate traffic rules in the execution of thier duties, but I don't know how rolling through stop signs could be construed as execution of their duties.

[CdwJava]

Originally Posted by JIMinCA

I think I'd go into court with a few video clips of your local PD ignoring the rules that they are charging you with violating.

Chances are it wouldn't be admissible because it is not relevant to the charge at hand. I have seen things like that attempted in the past and the court usually shuts it down unless it is a video of the stop itself. Most courts aren't going to waste time with something that is irrelevant.

Certainly, the officers are not legally permitted to roll through the stop sign, either. But, it is clear-cut in CA (and everywhere else I am aware of) that it is not a lawful defense to a crime to argue that others do it, too - even the police.

If he gets a video, it would be nice to show the Chief, city council, city manager, or even the media, but I doubt a court would allow the tape in ... but then, most traffic court judges are 'pro tem', and some just might be eccentric enough to allow it.

- Carl

[JIMinCA]

Originally Posted by CdwJava

Chances are it wouldn't be admissible because it is not relevant to the charge at hand. I have seen things like that attempted in the past and the court usually shuts it down unless it is a video of the stop itself. Most courts aren't going to waste time with something that is irrelevant.

Certainly, the officers are not legally permitted to roll through the stop sign, either. But, it is clear-cut in CA (and everywhere else I am aware of) that it is not a lawful defense to a crime to argue that others do it, too - even the police.

If he gets a video, it would be nice to show the Chief, city council, city manager, or even the media, but I doubt a court would allow the tape in ... but then, most traffic court judges are 'pro tem', and some just might be eccentric enough to allow it.

- Carl

Of course you are right... it should not be allowed in court. However, I'd make the statement anyway just to get it out there. I'd also follow up, as you suggested, with complaints to the Mayor, City Council, Police Commisioner, etc... I know you probably don't approve of this course of action, but I don't think that I am quite as passive as you would like the public to be.

[Zigner]

Originally Posted by JIMinCA

I know you probably don't approve of this course of action

Ok, now you're just trolling.
Carl already said "If he gets a video, it would be nice to show the Chief, city council, city manager, or even the media".
Why don't you speed off and then fight the ticket again, Jim.

[JIMinCA]

Originally Posted by Zigner

Ok, now you're just trolling.
Carl already said "If he gets a video, it would be nice to show the Chief, city council, city manager, or even the media".
Why don't you speed off and then fight the ticket again, Jim.

I was refering to starting it off by putting it on the record in open court.

BTW... if your refering to defending myself in court is supposed to be some sort of derrogatory quip... then I'll just accept your rude actions without retort.

[inSD]

Good advice all, thanks. I haven't got a ticket in probably 25+ years so I didn't know how any of this works. I will address the cops rolling stops though. Nothing will happen, however, I think I just scored a gig political cartooning for the local rag, so I can address it there as well.

Thanks again

Steve

[JIMinCA]

Originally Posted by inSD

Good advice all, thanks. I haven't got a ticket in probably 25+ years so I didn't know how any of this works. I will address the cops rolling stops though. Nothing will happen, however, I think I just scored a gig political cartooning for the local rag, so I can address it there as well.

Thanks again

Steve

That's awesome. If you make a cartoon about this issue, I'd really like to see it.

[CdwJava]

Originally Posted by JIMinCA

I was refering to starting it off by putting it on the record in open court.

And it would be about as relevant as putting the Oakland Raiders' win-loss stats on the record. If not shut down by the judge it would be nothing more than a shoulder shrug, anyway. But, if someone wants to get some sense of satisfaction about making the anecdotal and irrelevant claim from the stand, go right ahead. I'm all for people feeling good.

- Carl

[Hey There]

11-18-07

Steve in SD
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I haven't got a ticket in probably 25+ years so I didn't know how any of this works.
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If You Want to find out how the court system works regarding traffic tickets :
checking out a book at the library published by NOLO will provide you with that information. Chapters 10 thru 12 explain how to prepare for court and what questions to ask the officer who issued the ticket if he appears in court.
As a first step the book recommends obtaining the officer's notes.
Referred to as Informal Discovery, this means that a driver charged with a traffic violation can obtain evidence the officer plans to use in court . (Discovery For Traffic Tickets )typed in on Google will bring up websites that explain this simple process.
In Chapter 9, Page 5 the author explains that a defendant has a right to a day in court. In another book by the same author he makes the point that the defendant by entering a not guilty plea to a charge is requiring the court to prove that the violation actually occured.
Speeding Ticket FAQ website has information for all cited drivers, starting with asking for a continuance.This is just one of many websites that provide information which is as simple as typing in Traffic Tickets or other key words on Google or Yahoo.
Another useful site (Help! I Got A Ticket!) even if set up specifically for Ca. drivers has information that can be used by drivers in other states.
Looking up information on Traffic Tickets is one of your options before deciding on what to do next.

Best Regards,
Hey There