My wife just got 3 tickets at once!! Help?

[PTNX]

What is the name of your state?Hello,

My wife was just pulled over today and issued 3 tickets. We live in California.
She was issued a ticket for speeding, running a red light, and not immediately pulling over.

My wife, to say the least is in shock right now. She has only been in the US a couple years, her English isn't perfect, and this is the first time she's ever been pulled over by a cop, let alone spoken to a police officer.

The cop claims she was following my wife for over a mile, but my wife swears to god she didn't see her, and pulled over immediately after seeing the motorcycle cop in her mirror. Second, she was probably going a bit fast, so the speeding ticket is not without cause, but she did not run a red light. My wife says the light had just turned yellow and she was allready in the middle of the street.

The cop was very rude, and was telling my wife that she should be glad that she wasn't arresting her and towing away her car. My wife was crying and trying to explain that she didn't see the officer, but to no avail!

Please let me know what I can do here? What should we do?

Thank you,
Ross

 

[ylen13]

its your wife word against the officer word and on just that you will lose. Have her do traffic school for one of the tickets and pay the rest of them

 

[seniorjudge]

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. I’ve 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. I’ve got a job in [name a state five hundred miles away].

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

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.

 

[PTNX]

I understand that we will most likely lose the case, but this is a bit excessive. I don't mind the points that come with the ticket or having her do traffic school, but these 3 tickets together will probably come out to $1000 or more? There has to be a way to increase the odds of having the fines reduced, or tossing out the failure to pull over? Please give me some specific advice? If she tells her sob story to the judge, will that help? or presenting a copy of a clean driving record? Please help!

 

[seniorjudge]

I understand that we will most likely lose the case, but this is a bit excessive. I don't mind the points that come with the ticket or having her do traffic school, but these 3 tickets together will probably come out to $1000 or more? There has to be a way to increase the odds of having the fines reduced, or tossing out the failure to pull over? Please give me some specific advice? If she tells her sob story to the judge, will that help? or presenting a copy of a clean driving record? Please help!

Read my post and you will find specific advice in there on the very questions you are asking.

 

[PTNX]

Thank you for the standard response. I am aware of the most of the information listed. We will go to court and dress nicely and shower and speak politely. With that said... How does the pleading part work. Does she need to plead guilty/not guilty for each violation seperately? Can she plead guily to speeding, and not the red light and pulling over? Since this is a word against word situation with no other witnesses, is there any type of proof she can provide to backup her case? Like a copy of her driving record? or anything else? Please advise?
Are there any case studies I can look at showing these types of cases.
Is there any precedence in having these types of fines reduced? or is this pretty much a lost cause?
Would hiring an attorney be of any real benefit in this case?

 

[PTNX]

Can anyone else offer some advise? Please?

 

[CdwJava]

It's likely that the DA's office will be willing to plead on this. Perhaps for a plea of guilty to the red light and/or the speed, they will drop the failure to yield. It's really hard to say.

Give it at least two weeks, and then contact the DA's office and find out who you can speak to regarding traffic matters. They SHOULD have the cite by then and might be able to talk to you about the issue so you can get it resolved.

However, keep in mind that different counties have different ways to handle this.

- Carl

 

[seniorjudge]

Q: Does she need to plead guilty/not guilty for each violation seperately?

A: Yes.


Q: Can she plead guily to speeding, and not the red light and pulling over?

A: Yes. The prosecutor may be willing to accept one guilty plea and dismiss the other two; ask when you get to court.


Q: Since this is a word against word situation with no other witnesses, is there any type of proof she can provide to backup her case?

A: You are the only one who knows what proof you have.


Q: Like a copy of her driving record? or anything else? Please advise?

A: Her driving record would just show what her driving record is; it is irrelevant in this case.


Q: Are there any case studies I can look at showing these types of cases.
Is there any precedence in having these types of fines reduced? or is this pretty much a lost cause?

A: I suppose there are reported cases on traffic violations but they are few and far between. I don't have any handy right now.


Q: Would hiring an attorney be of any real benefit in this case?

A: That is entirely up to you.


Also, if she is a non-native English speaker, the court must provide her with a translator. Check that out with the court clerk BEFORE you go to court.

 

[PTNX]

Thanks seniorjudge,

A couple of follow-up questions.

Several years ago I fought a traffic ticket myself in court, but I do not remember there being a Prosecutor?
It was just the judge, the police officer, and I. Nobody else.
This was in Orange County, CA and is also the location for my wife's ticket.
At what point does the prosecutor enter the picture?

At what point do we need to address the "plea bargaining" that we want to pursue? Is this during the "guilty/not guilty" part, or after the trial date has been set and we are facing the judge, and police officer in the matter.

Also, as far as evidence/proof... For example... When you're at a Casino, obviously the house has the upper hand/best odds in every game. But if you do your research and go play roulette at a Casino with only one green '0' vs. a '0' and a '00'.... then you've just lessened the house odds and given yourself a better shot at winning. That is what I’m looking for. Obviously people at some point in history have been successful in these type of cases without having a witness. Maybe the cop did something wrong and admitted to it, or maybe some case studies were presented, or the judge believed the defendant for some reason...etc. Can you point me in the right direction? I don't mind doing the research myself, as long as it’s not a wild goose-chase.

Wouldn't a copy of her driving record show that she's a first time offender and has never been cited before? Aren't judges usually a bit more lenient with first-time offenders?

Thanks....

 

[CdwJava]

This was in Orange County, CA and is also the location for my wife's ticket.

While no prosecutor will be in the court room, most counties do allow some form of plea prior to court. You would have to find out who handles traffic infractions in Orange Couty's DA's office, and see what they have to say. They may not permit it ... but you lose nothing by asking.

Maybe the cop did something wrong and admitted to it, or maybe some case studies were presented, or the judge believed the defendant for some reason...etc.

Case law is very fact specific. Nothing you wrote would indicate any impropriety on the part of the officer. Speed and red lights are simple and arguable, as is failing to yield. Your wife can certainly argue she didn't see the officer for a mile, but keep in mind that will show that she is not paying a whole lot of attention to traffic if she failed to see the car following her with the flashing lights and the siren.

Wouldn't a copy of her driving record show that she's a first time offender and has never been cited before? Aren't judges usually a bit more lenient with first-time offenders?

Sometimes. But all that shows is she has not been cited within the last 7 years - not that she has not committed the offense before. Judges do tend to show leniency to first-time offenders. She might also consider traffic school if she is eligible.

- Carl

 

[seniorjudge]

Thanks seniorjudge,

A couple of follow-up questions.

Several years ago I fought a traffic ticket myself in court, but I do not remember there being a Prosecutor?
It was just the judge, the police officer, and I. Nobody else.
This was in Orange County, CA and is also the location for my wife's ticket.
At what point does the prosecutor enter the picture?

At what point do we need to address the "plea bargaining" that we want to pursue? Is this during the "guilty/not guilty" part, or after the trial date has been set and we are facing the judge, and police officer in the matter.

Also, as far as evidence/proof... For example... When you're at a Casino, obviously the house has the upper hand/best odds in every game. But if you do your research and go play roulette at a Casino with only one green '0' vs. a '0' and a '00'.... then you've just lessened the house odds and given yourself a better shot at winning. That is what I’m looking for. Obviously people at some point in history have been successful in these type of cases without having a witness. Maybe the cop did something wrong and admitted to it, or maybe some case studies were presented, or the judge believed the defendant for some reason...etc. Can you point me in the right direction? I don't mind doing the research myself, as long as it’s not a wild goose-chase.

Wouldn't a copy of her driving record show that she's a first time offender and has never been cited before? Aren't judges usually a bit more lenient with first-time offenders?

Thanks....

Carl answered your questions fully and correctly (as usual). Pay attention to what he says.