Yep, another traffic ticket thread.....

[Codewiz]

No I actually didn't get one. My record has been clean for 3 years now

My friend who got a new 350Z got one. He is planning to fight the ticket of course. In our state, the judge usually acts as the judge and the prosecutor. Now that isn't really constitutional. The judge is supposed to be an unbiased party. You can't argue the case for the state and be a judge at the same time. So if my friend makes that case then I assume that the judge will say that the Police officer is acting as prosecutor.

Now my question is that really legal? I know that you have a legal right to act as your own representation when the charges are against you but can someone that is unlicensed act as a prosecutor in a case?

If there is no prosecutor then the state can't enter any evidence against you. Some might say that the ticket is enough but the ticket is just the charge against you. You are innocent until proven guilty and without a prosecutor then no evidence can be entered against you.

Is that possible? Or is the judge just going to tell my friend to STFU and throw his ass him jail for being a smartass?

My friend swears he wasn't going as fast as the officer stated and that is one of the reasons he is fighting it. I tend to believe him because I have noticed his driving habits and he never really speeds as much as the officer said he was.

 

[bunker]

Funny you should mention that. I recently got a ticket and was doing research on it and apparently in most states the officer IS considered the prosecutor.

 

[Codewiz]

Originally posted by: bunker
Funny you should mention that. I recently got a ticket and was doing research on it and apparently in most states the officer IS considered the prosecutor.

Yeah that is what I witnessed when I was younger and got a few tickets. I just wonder if that is legal. A police officer is not licensed to practice law for the state.

 

[radioouman]

350Z + speeding ticket....... Unimaginable!!!!!!!!!!

All that I can say is that I'd probably just pay it and not worry about it.

 

[Yossarian]

Originally posted by: Codewiz
My friend swears he wasn't going as fast as the officer stated and that is one of the reasons he is fighting it. I tend to believe him because I have noticed his driving habits and he never really speeds as much as the officer said he was.

If that's your friend's defense, he should stfu and pay the ticket because he won't get off.

 

[Codewiz]

Originally posted by: radioouman
350Z + speeding ticket....... Unimaginable!!!!!!!!!!

All that I can say is that I'd probably just pay it and not worry about it.

He has always been a lucky bastard too. In his old car he got out of 2 tickets. I told him those days are OVER. He will never get out of another ticket.

BTW this ticket was for going like 13 over. He says that there is no way he was going more than 8 over.

 

[bunker]

Originally posted by: Codewiz

Originally posted by: bunker
Funny you should mention that. I recently got a ticket and was doing research on it and apparently in most states the officer IS considered the prosecutor.

Yeah that is what I witnessed when I was younger and got a few tickets. I just wonder if that is legal. A police officer is not licensed to practice law for the state.

Thing is, it's a civil infraction, not a criminal offense. The officer is a representative of the state/county/city.

I think your friend is reaching for a way out here. It's his word vs. the officer, who do you think is going to win?

 

[Codewiz]

Originally posted by: PipBoy

Originally posted by: Codewiz
My friend swears he wasn't going as fast as the officer stated and that is one of the reasons he is fighting it. I tend to believe him because I have noticed his driving habits and he never really speeds as much as the officer said he was.

If that's your friend's defense, he should stfu and pay the ticket because he won't get off.

No he is looking to defend himself by saying that the State can't enter ANY evidence against him if there isn't a prosecutor.

 

[Codewiz]

Originally posted by: bunker

Originally posted by: Codewiz

Originally posted by: bunker
Funny you should mention that. I recently got a ticket and was doing research on it and apparently in most states the officer IS considered the prosecutor.

Yeah that is what I witnessed when I was younger and got a few tickets. I just wonder if that is legal. A police officer is not licensed to practice law for the state.

Thing is, it's a civil infraction, not a criminal offense. The officer is a representative of the state/county/city.

I think your friend is reaching for a way out here. It's his word vs. the officer, who do you think is going to win?

I speed ticket is a civil infraction not criminal???? I seriously don't see how that is possible.

 

[bunker]

Yes, a speeding ticket is a civil infraction.

 

[Codewiz]

Originally posted by: bunker
Yes, a speeding ticket is a civil infraction.

Good to know I learned something out of all this.

BTW: Yeah he is screwed.

 

[Vette73]

Originally posted by: Codewiz

Originally posted by: bunker

Originally posted by: Codewiz

Originally posted by: bunker
Funny you should mention that. I recently got a ticket and was doing research on it and apparently in most states the officer IS considered the prosecutor.

Yeah that is what I witnessed when I was younger and got a few tickets. I just wonder if that is legal. A police officer is not licensed to practice law for the state.

Thing is, it's a civil infraction, not a criminal offense. The officer is a representative of the state/county/city.

I think your friend is reaching for a way out here. It's his word vs. the officer, who do you think is going to win?

I speed ticket is a civil infraction not criminal???? I seriously don't see how that is possible.

Depends on the state. I think Ca and some others it is like that. But in NC you can ask for a trial by jury for a speeding ticket. I have told people over and over again, juts ask for a trial by jury. The DA will bend over backwards to make a deal as the courts here are so backed up they try and settle just about everything.

 

[Codewiz]

Originally posted by: Marlin1975

Originally posted by: Codewiz

Originally posted by: bunker

Originally posted by: Codewiz

Originally posted by: bunker
Funny you should mention that. I recently got a ticket and was doing research on it and apparently in most states the officer IS considered the prosecutor.

Yeah that is what I witnessed when I was younger and got a few tickets. I just wonder if that is legal. A police officer is not licensed to practice law for the state.

Thing is, it's a civil infraction, not a criminal offense. The officer is a representative of the state/county/city.

I think your friend is reaching for a way out here. It's his word vs. the officer, who do you think is going to win?

I speed ticket is a civil infraction not criminal???? I seriously don't see how that is possible.

Depends on the state. I think Ca and some others it is like that. But in NC you can ask for a trial by jury for a speeding ticket. I have told people over and over again, juts ask for a trial by jury. The DA will bend over backwards to make a deal as the courts here are so backed up they try and settle just about everything.

I am in SC and I know NC is different. One of my old GFs got a ticket in NC. There was definately a prosecutor there. All my speeding tickets have been in SC and I have never seen a prosecutor. I can only assume that means it is a civil case because it all makes sense that way. In a civil case, the state can let anyone they want represent them.

 

[dquan97]

Your friend has a pretty weak argument...better pay it

 

[pulse8]

Your "friend" is not very bright.

 

[boyRacer]

Originally posted by: Codewiz

Originally posted by: radioouman
350Z + speeding ticket....... Unimaginable!!!!!!!!!!

All that I can say is that I'd probably just pay it and not worry about it.

He has always been a lucky bastard too. In his old car he got out of 2 tickets. I told him those days are OVER. He will never get out of another ticket.

BTW this ticket was for going like 13 over. He says that there is no way he was going more than 8 over.

But he was still over... i don't see him winning it if the officer shows up.

 

[Peacekeeper100]

Originally posted by: Codewiz

Originally posted by: radioouman
350Z + speeding ticket....... Unimaginable!!!!!!!!!!

All that I can say is that I'd probably just pay it and not worry about it.

He has always been a lucky bastard too. In his old car he got out of 2 tickets. I told him those days are OVER. He will never get out of another ticket.

BTW this ticket was for going like 13 over. He says that there is no way he was going more than 8 over.

13 that's it? You could probably argue that where I live. Cops don't even pull you over unless you are going over 10 and the photo radars are set to 11 over.

Not the legal note. Since it is a civil case and not a crimal case it probably is legal, but will vary from state to state. The best bet would be traffic school if you have that. As long as the cop doesn't show up he can win the case too, but usually they are pretty good about that. If your state has traffic school, but he is not eligable, then he might be able to settle for it. My friend did that. Since he had not been to school in 2 years the cop met him right before he went into court and asked if he wanted to settle for that. Once they were in front of the judge the cop told the judge they settled on traffic school and the case was closed.

 

[bunker]

Originally posted by: Marlin1975

Originally posted by: Codewiz

Originally posted by: bunker

Originally posted by: Codewiz

Originally posted by: bunker
Funny you should mention that. I recently got a ticket and was doing research on it and apparently in most states the officer IS considered the prosecutor.

Yeah that is what I witnessed when I was younger and got a few tickets. I just wonder if that is legal. A police officer is not licensed to practice law for the state.

Thing is, it's a civil infraction, not a criminal offense. The officer is a representative of the state/county/city.

I think your friend is reaching for a way out here. It's his word vs. the officer, who do you think is going to win?

I speed ticket is a civil infraction not criminal???? I seriously don't see how that is possible.

Depends on the state. I think Ca and some others it is like that. But in NC you can ask for a trial by jury for a speeding ticket. I have told people over and over again, juts ask for a trial by jury. The DA will bend over backwards to make a deal as the courts here are so backed up they try and settle just about everything.

It's considered a civil infraction in GA, but I can also ask for a trial by jury as well. However, I first have to go to the initial court appearance to enter my plea of not guilty and request a trial by jury.

"What is a Speeding / Moving Violation?
Most speeding and or moving violations are some type of civil offense or infraction, and not a criminal offense. A speeding or moving violation may result in a fine, affect your ability to get a driver's license, or raise your car insurance rates, but it will not result in jail time or other criminal punishments in most situations. The laws for speeding and moving violations vary widely by states, counties, and cities, so be sure that you are aware of your rights and obligations."

 

[Nitemare]

Originally posted by: Codewiz

Originally posted by: Marlin1975

Originally posted by: Codewiz

Originally posted by: bunker

Originally posted by: Codewiz

Originally posted by: bunker
Funny you should mention that. I recently got a ticket and was doing research on it and apparently in most states the officer IS considered the prosecutor.

Yeah that is what I witnessed when I was younger and got a few tickets. I just wonder if that is legal. A police officer is not licensed to practice law for the state.

Thing is, it's a civil infraction, not a criminal offense. The officer is a representative of the state/county/city.

I think your friend is reaching for a way out here. It's his word vs. the officer, who do you think is going to win?

I speed ticket is a civil infraction not criminal???? I seriously don't see how that is possible.

Depends on the state. I think Ca and some others it is like that. But in NC you can ask for a trial by jury for a speeding ticket. I have told people over and over again, juts ask for a trial by jury. The DA will bend over backwards to make a deal as the courts here are so backed up they try and settle just about everything.

I am in SC and I know NC is different. One of my old GFs got a ticket in NC. There was definately a prosecutor there. All my speeding tickets have been in SC and I have never seen a prosecutor. I can only assume that means it is a civil case because it all makes sense that way. In a civil case, the state can let anyone they want represent them.

Cops get a hard on when they see out of state plates. This means that you will likely not contest it in court.

 

[Codewiz]

Originally posted by: pulse8
Your "friend" is not very bright.

Oh and I guess you are a genius? I am pretty sure his idea would have worked if his case was a criminal case. Nice of you to judge people you have never even met.

OH and you added SO MUCH to the thread.

 

[radioouman]

Originally posted by: Codewiz

Originally posted by: radioouman
350Z + speeding ticket....... Unimaginable!!!!!!!!!!

All that I can say is that I'd probably just pay it and not worry about it.

He has always been a lucky bastard too. In his old car he got out of 2 tickets. I told him those days are OVER. He will never get out of another ticket.

BTW this ticket was for going like 13 over. He says that there is no way he was going more than 8 over.

That's the problem. He is admitting that he is speeding. Obviously he has "heard" that you don't get pulled over for less then 9 over... Is there a difference in the price of the ticket for 13 over vs. 8 over? I doubt it.

 

[Codewiz]

Originally posted by: radioouman

Originally posted by: Codewiz

Originally posted by: radioouman
350Z + speeding ticket....... Unimaginable!!!!!!!!!!

All that I can say is that I'd probably just pay it and not worry about it.

He has always been a lucky bastard too. In his old car he got out of 2 tickets. I told him those days are OVER. He will never get out of another ticket.

BTW this ticket was for going like 13 over. He says that there is no way he was going more than 8 over.

That's the problem. He is admitting that he is speeding. Obviously he has "heard" that you don't get pulled over for less then 9 over... Is there a difference in the price of the ticket for 13 over vs. 8 over? I doubt it.

10 over is 4 points and 8 over is 2 points. The fine doesn't matter to him. He never admitted to speeding when he was pulled. The cop didn't even ask him if he knew why he was pulled. He just got his info and wrote the ticket I guess that is what he gets for driving a sports car. I at least get to explain my situation when I get pulled in my truck.

 

[pulse8]

Originally posted by: Codewiz

Originally posted by: pulse8
Your "friend" is not very bright.

Oh and I guess you are a genius? I am pretty sure his idea would have worked if his case was a criminal case. Nice of you to judge people you have never even met.

OH and you added SO MUCH to the thread.

I never said I was a genius, but I'm smart enough to realize that a defense like that wouldn't work on a moving violation. I'm also smart enough to know that I'm not the smartest person in the world and if what you say is true, then millions of people could get out of traffic violations everyday and someone would've already figured out what your friend did.

Is your "friend" a first year law student that just wants to show his stuff off? That's what it sounds like to me.

 

[Peacekeeper100]

Originally posted by: radioouman

Originally posted by: Codewiz

Originally posted by: radioouman
350Z + speeding ticket....... Unimaginable!!!!!!!!!!

All that I can say is that I'd probably just pay it and not worry about it.

He has always been a lucky bastard too. In his old car he got out of 2 tickets. I told him those days are OVER. He will never get out of another ticket.

BTW this ticket was for going like 13 over. He says that there is no way he was going more than 8 over.

That's the problem. He is admitting that he is speeding. Obviously he has "heard" that you don't get pulled over for less then 9 over... Is there a difference in the price of the ticket for 13 over vs. 8 over? I doubt it.

I guess it depends on where you live. Like I said here they don't pull you over for less than 10 and that when they are in a bad mood. I know a lot of cops that think it is a waste to pull someone over for less than 17. But then again here if you are not going 10-15 over on a 3 lane street here you are impeding traffic. But you always have to be polite. You start arguing they don't tend to like that.

 

[Codewiz]

Originally posted by: pulse8

Originally posted by: Codewiz

Originally posted by: pulse8
Your "friend" is not very bright.

Oh and I guess you are a genius? I am pretty sure his idea would have worked if his case was a criminal case. Nice of you to judge people you have never even met.

OH and you added SO MUCH to the thread.

I never said I was a genius, but I'm smart enough to realize that a defense like that wouldn't work on a moving violation. I'm also smart enough to know that I'm not the smartest person in the world and if what you say is true, then millions of people could get out of traffic violations everyday and someone would've already figured out what your friend did.

Is your "friend" a first year law student that just wants to show his stuff off? That's what it sounds like to me.

No he was just looking at possibilities. Like I said, if it were NC and a prosecutor didn't show then you are home free with his idea. There is nothing wrong with the defense. He just didn't know that a moving violation is a civil offense. Hell after 4 tickets myself I didn't even know. I just show up to court and hope for mercy.

He was taking an active approach towards reducing the fine especially since he felt that the speed he was clocked at was unjustified.

And no, neither of us are first law students. We are both engineers.