Careless Driving Ticket!

[BennyDi]

Unfortunately, people do make errors while learning to drive with a learners permit. And, sometimes, people who have been driving for years also make errors while driving. We are all human, and as the saying goes, "to err is human."

Your wife did violate a traffic law and received a ticket for it. There is no differentiation in the law (that I am aware of) that states, "...a ticket will be issued with the exception of a person operating a motor vehicle with a driving permit." There are no exceptions in the law.

I don't think the judge will throw out the ticket because you can provide him/her wiith proof that other people have made the same mistake. As another saying goes, "two wrongs don't make a right."

If you are looking for a way to "beat" the ticket, you might want to follow the same route other people follow, and that is to plead not guilty, request a supporting deposition from the police officer that issued the ticket, and hope the officer doesn't show up in court.

Some people also "bargain" with the police officer. Ask the officer to reduce it to a non-moving violation.

If this particular area is a problem, I would bring it to the attention of the town. If a lot of people are making the same mistake in the same place, maybe you can have them clearly mark the spot.

Good luck!!

P.S.(to those whom this applies to) Attacking someones intelligence instead of trying to answer a question isn't very nice.

 

[I AM ALWAYS LIABLE]

Some people also "bargain" with the police officer. Ask the officer to reduce it to a non-moving violation.

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My response:

Benny, show me any rule, statute, case law, or other legal fiat, that allows this suggestion - - from ANY State.

Once the officer issues the citation, the officer is "out of the picture", and does not do any "bargaining."

Where the hell are you getting this crap?

IAAL

 

[BennyDi]

Some people also "bargain" with the police officer. Ask the officer to reduce it to a non-moving violation.

==================================


My response:

Benny, show me any rule, statute, case law, or other legal fiat, that allows this suggestion - - from ANY State.

Once the officer issues the citation, the officer is "out of the picture", and does not do any "bargaining."

Where the hell are you getting this crap?

IAAL

I am "getting this crap" through my experience with the legal system (traffic court to be exact) in the state of NY. I don't know about other states, but in NY it is common practice for the officer who issued the violation to appear in court upon a plea of Not Guilty. At the time of the court appearance, the violator will reqest of the officer to reduce the violation, depending on what the violation is. Sometimes, the officer will reduce the violation and sometimes they will not.

I don't know of any statute, case law, or other legal fiat that I might site, but my suggestion to you is, assuming you don't already live in NY, to come to traffic court in NY and watch it in process. What they do in traffic court in NY is truly amazing.

I am a licensed insurance agent in the state of NY. While giving quotes and/or writing many applications for auto insurance, when the potential customer is asked if they have had any tickets within the past 3 years, I am consistently told that they received a ticket for one type of violation, but it was reduced in court by the issuing officer to a non-moving violation.

I, myself, was ticketed for speeding (35 in a 30). The officer who issued the violation appeared in court. Since it was my first traffic violation in 35 years of driving, and the speed wasn't excessive, the officer reduced my ticket to a headlight (non-moving violation). I paid the fine and was finished.

 

[I AM ALWAYS LIABLE]

My response:

Well, then you must have been extremely lucky to have a cop who was also the Assistant District Attorney and also the Judge - - because it's only the latter two that have the lawful authority to reduce or change (or "plea bargain") an infraction.

So, your cop wears many hats during the day. Convenient.

(Translation = I don't believe you)

IAAL

 

[HomeGuru]

Maybe his town was so small that the Mayor doubled as the town drunk.
But more I know for a fact that Benny has not told the truth due to the fact that at trial, the officer is a mere testifying witness and therefore as IAAL stated, not in a position to be the DA and Judge etc.

 

[ammstormy]

Oh, My God!

This is the winner for stupidest thus far-

****, can i not get in trouble everytime i make a mistake because 'I'm only just learning'

 

[HomeGuru]

Some people also "bargain" with the police officer. Ask the officer to reduce it to a non-moving violation.

P.S.(to those whom this applies to) Attacking someones intelligence instead of trying to answer a question isn't very nice.

**A: Ok, Benny, you're an idiot and I'm not very nice.

 

[zhongpsu]

thank you

To BennyDi:
Thank you very much for your advice.
I plead NOT guilty, but I don't know how to"request a supporting deposition from the police officer". Should I call the officer?
Another thing is when that officer writing the ticket, his reason is it is almost cause an accident. But in fact, it is not. That car should yield to the coming cars before turn left, He had a lot of time to find that we took the wrong lane. And the officer just wrote "Careless Driving", after talking with the driver of that car without further investigations. (when he came to our house, he didn't know what happened, he asked me if I didn't stopped for several red lights!)

 

[BennyDi]

Re: thank you

To BennyDi:
Thank you very much for your advice.
I plead NOT guilty, but I don't know how to"request a supporting deposition from the police officer". Should I call the officer?
Another thing is when that officer writing the ticket, his reason is it is almost cause an accident. But in fact, it is not. That car should yield to the coming cars before turn left, He had a lot of time to find that we took the wrong lane. And the officer just wrote "Careless Driving", after talking with the driver of that car without further investigations. (when he came to our house, he didn't know what happened, he asked me if I didn't stopped for several red lights!)

In NY you would mail in your summons with a check mark in the box next to the plea of Not Guilty. You would attach a letter and ask for a supporting deposition from the police officer. The police officer has to show up in court. If he doesn't show up in court the judge usually throws it out of court. I don't know how the system works in your area with regard to traffic tickets.

Your best bet would be to just go ahead and pay the ticket. Your wife did, in fact, drive in the wrong lane. That's a fact. I do understand your wanting to fight it, but in this case, it is probably easier to pay and be done with it.

Or ask the officer, if the officer shows up in court, to please drop it down to a non-moving violation. Contrary to what the other twits stated, in NY, you can request this of the police officer and the officer will suggest this to the judge. The judge, 99% of the time, does what the police officer requests and drops it down to a non-moving violation. If this is not common practice where you live, it wouldn't hurt to try.

I wish you luck.