During stop, cop said he may not show up to court.

[vc4re]

What is the name of your state (only U.S. law)? California

I got a ticket for the dreaded illegal San Francisco left turn (which I don't deny) and talking on my phone, which I was but legally. The speaker was on and it was hands free in use. I only touched it to make a dialing procedure (turning off the phone), which is protected by the VC, AFTER he stopped me. I'm sure the cop would not appreciate me on the phone while giving me a citation.

Other circumstances:

(1) I was unfamiliar with the city and streets
(2) I looked but didn't see the sign (guess I didn't look hard enough).
(3) The turn was otherwise done correctly, onto a two-way street.
(4) I was lost and didnt know where I was going during 5:00 Rush Hour Traffic.
(5) The GPS I had mounted on my windshield, lawfully, told me to turn left. I guess Magellan GPS's aren't all that great.

Anyway, the question I have is in regards to this. After the cop gave me the ticket, I was worried about the fines since I am unemployed and told him so. I then asked him if they let you make payments on the ticket. Then he said, "Yes and you also have the option of contesting the ticket, and I may not show up to court. I might be busy that day." Was he trying to hint me something? What do you guys think?

 

[I_Got_Banned]

(1) I was unfamiliar with the city and streets
(2) I looked but didn't see the sign (guess I didn't look hard enough).
(3) The turn was otherwise done correctly, onto a two-way street.
(4) I was lost and didnt know where I was going during 5:00 Rush Hour Traffic.
(5) The GPS I had mounted on my windshield, lawfully, told me to turn left. I guess Magellan GPS's aren't all that great.

So, in essence, you're not denying that you committed the violation... BUT... those are your "excuses". That is called "guilty with an explanation". While some judges will allow at the arraignment and may reduce your fine as a result, none of those reasons will do you any good come trial time (if the officer does appear).

Anyway, the question I have is in regards to this. After the cop gave me the ticket, I was worried about the fines since I am unemployed and told him so. I then asked him if they let you make payments on the ticket. Then he said, "Yes and you also have the option of contesting the ticket, and I may not show up to court. I might be busy that day." Was he trying to hint me something? What do you guys think?

That's just like me telling you "contest it and if he doesn't show, you can move for a dismissal". No promise or guarantee as to whether he will or not!

 

[CdwJava]

GPS devices do not necessarily have all the streets in an area marked, nor might they know of local regulation concerning signage.

I agree with IGB. You pretty much have no real defense to the violation, only an explanation to provide to the court as to why you did commit the offense.

And, perhaps the officer won't show up? You can always hope he does not show and then if he does ask to plead guilty and ask for traffic school.

 

[JIMinCA]

Are you kidding? Heck yeah that was a hint!!

Understand, the date on your ticket is NOT the date the cop would have to show up. That is only an arraignment date. That's where you will plead "not guilty". You should NOT plead "guilty with an explanation" (there is no such plea). Once you plea, your trial date will be set. That's when the cop will have to show up. Understand a few things, though:

1. You will be asked to pay bail. For these two tickets, it's gonna be over $500. There is nothing to stop you from requesting to be released on your own recognizance (ROR). I've done it before. In that case, no bail.

2. When you show up for trial, if the cop is there you can tell the court you want procede on the telephone charge (as you were truly not guilty) and you may be interested in pleading guilty on the left turn thing, but you are concerned about the fine given your situation. That would leave the opportunity for him to do something with your fine. You can also tell him you want traffic school (if you do).

3. If the cop doesn't show up, some judges will say something like "how about June 3... is that a good day for you to reschedule the trial?" Your answer should be "NO!! I object to any continuances. If the prosecution cannot have its witness here at trial, I should not be held accountable. After all.... there would be no continuance if I did not show up!"

 

[demurringdude]

What the defendant says: "Guilty, with an explanation as follows...I was on my way to the emergency room, since my pants were on fire. I have never done this before. I have been driving 30 years. I didn't notice the sign. The fine is way too high. I'm not working right now. The 256th amendment to the constitution says I don't need to be here...etc etc "

What the court hears 'Guilty. Blah blah blah..."

Box checked on defendant's verdict form: Guilty.

Sentence: same as every other guilty person.

There is no such thing in law as "Guilty with an explanation'. It's just a way to let you vent pointlessly, without wasting trial time, but they still get your money.

 

[dlw99]

Given your financial situation, it is certainly worth a shot to go and negotiate the best deal possible. Traffic school doesn't sound so bad...