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03-29-2010, 07:24 AM
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Senior Club Cobra Member
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Join Date: Dec 2003
Cobra Make, Engine:
Posts: 2,705
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Not Ranked
I get to go to court...
I got a ticket for going through a red light a few months ago and I lost the appeal to the magistrate last week.
The cop was 300 feet away from the stopline (which was almost non-existent), and he was on the opposite side of the intersection (so he could not see the light facing me).
MA has a new policy that charges $25 for the first appeal, and $50 for the appeal to a judge. You pay this regardless of whether you win or lose the appeal.
What do you folks think about dress codes for going to court? Suit and tie, business casual, t-shirt and jeans, or???
I do not want to come across as a suck-up (or do I??), nor do I want to appear disrespectful.
I've talked to a lawyer and I will probably retain his services as insurance in MA gets very expensive when points are added on (a red light is worth two, and can last for 6 years)
Any other advice or input would be welcome.
Steve
__________________
If you can't stay on the road, get off it!!
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03-29-2010, 08:00 AM
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Senior Club Cobra Member
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Join Date: Dec 2001
Location: Shasta Lake,
CA
Cobra Make, Engine:
Posts: 26,615
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Not Ranked
Steve,
It is most likely different there and has changed over the years but I once went before a judge here on a disputed traffic ticket and I took time off from work and just wore the casual work clothes that I had on. No tie or suit as I wore a light Summer type suit to work without the jacket and tie. And I got the ticked thrown out as the stop sign I was supposed to have ran was not even visible from the direction I was going. And since you aren't Charles Manson and have to put on a big act to try and save your life, I think if it is that bad there I would ask whichever attorney you use his advise. Good luck and I hope that you win.
Ron
Last edited by Ron61; 03-29-2010 at 08:23 AM..
Reason: Spelling
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03-29-2010, 08:02 AM
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CC Member
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Join Date: Jul 2003
Location: Huntsville, AL,
AL
Cobra Make, Engine: 90% of a 428 friggin SCJ Engine!
Posts: 4,474
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Not Ranked
Never heard of someone fighting such a ticket with a lawyer. Of course wear a suit.
Advice? Move to North Alabama. High Tech, metropolitian area without the high taxes or all the snow. Much lower cost of living. One hour north of Birmingham, one hour south of Nashville, 3 hours west of Atlanta, Smoaky Mountains... whats not to love?
The rumors about the beagles are not true.
Mike
__________________
Happy to be back at Club Cobra!
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03-29-2010, 09:07 AM
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Senior Club Cobra Member
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Join Date: Dec 2003
Cobra Make, Engine:
Posts: 2,705
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Not Ranked
Mike,
There were about 2 dozen lawyers in the magistrate hearings. The waiting room probably had about 200 people, so about 10% had lawyers.
With the high cost of insurance points it is cheaper to pay $500 for a lawyer. The insurance points will cost me about $300 per year for up to 6 years.
Down south may be cheaper, but I hate whiny country music. The BBQ may be better there, but seafood is more important to me, and other than in N'awlins folks down there just don't know a thing about it.
And if that's not beagle, then what is it???
Steve
__________________
If you can't stay on the road, get off it!!
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03-29-2010, 12:40 PM
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Super Moderator
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Join Date: May 2001
Location: Fresno,
CA
Cobra Make, Engine: KMP 184/482ci Shelby
Posts: 14,448
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Not Ranked
It is quite alright to suck up to a judge/magistrate...I do it all the time.
Wear a suit and tie.
__________________
Jamo
Last edited by Jamo; 03-29-2010 at 12:43 PM..
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03-29-2010, 02:47 PM
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CC Member
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Join Date: Jul 2003
Location: Huntsville, AL,
AL
Cobra Make, Engine: 90% of a 428 friggin SCJ Engine!
Posts: 4,474
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Not Ranked
You have a point about the seafood... by the time the stage coach arrives from Destin, the fish tends to be a bit ripe
__________________
Happy to be back at Club Cobra!
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03-29-2010, 03:27 PM
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CC Member
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Join Date: Jan 2002
Location: Bridgewater,
NJ
Cobra Make, Engine: B & B
Posts: 1,323
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Not Ranked
They wouldn't allow you to plea it down to a lessor offense with no points?
__________________
Just enough knowledge to build a cobra and be dangerous...
You can observe a lot from just watching.
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03-29-2010, 09:56 PM
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Senior Club Cobra Member
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Join Date: Dec 2003
Cobra Make, Engine:
Posts: 2,705
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Quote:
Originally Posted by jams
They wouldn't allow you to plea it down to a lessor offense with no points?
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Unfortunately, no. There is a law in MA that clearly states that the type of offense for CMVI cannot be changed.
The last time I was in traffic court it was not too difficult to walk out with a reduction like that, or even an outright dismissal. I understand it is now a lot tougher.
And cops here are almost never giving warnings anymore, unless you live in the town you get pulled over in. Even then you only have a slim chance. The towns need the revenue too much to let folks get away with even marginal stuff.
Steve
__________________
If you can't stay on the road, get off it!!
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03-29-2010, 11:31 PM
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CC Member
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Join Date: Aug 2009
Location: Atlanta,
GA
Cobra Make, Engine: 86 Everett Morrison 90" WB. 428 FE
Posts: 1,151
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Not Ranked
A fire suit would seem appropriate. The judge will think your a professional driver. You may want to carry a helmet also!
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03-30-2010, 06:35 AM
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Senior Club Cobra Member
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Join Date: Dec 2001
Location: Shasta Lake,
CA
Cobra Make, Engine:
Posts: 26,615
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Not Ranked
Steve,
And cops here are almost never giving warnings anymore, unless you live in the town you get pulled over in. Even then you only have a slim chance. The towns need the revenue too much to let folks get away with even marginal stuff.
They quit giving warnings around here several years ago except for once in a while if you have a burned out tail light or something like that. Those tickets don't create much revenue and so they will most likely give you a fix it ticket that you then have to take to the court house to show it has been repaired. And the fines for moving violations are really getting to be expensive. I don't think our insurance is quite as bad as yours yet.
Ron
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03-30-2010, 06:47 AM
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6th Generation Texan
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Join Date: Feb 2002
Location: Devil's Backbone,RR 32,
TX
Cobra Make, Engine: Lone Star Classics #240,Candy Apple Red,Keith Craft 418w - 602 HP,584 TQ
Posts: 8,157
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Not Ranked
Quote:
Originally Posted by VRM
I got a ticket for going through a red light a few months ago and I lost the appeal to the magistrate last week.
Any other advice or input would be welcome.
Steve
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1. Put your big boy panties on and take responsibility for
your actions.
2. Pay the fine and quit whining.
Oh,stop at red lights from now on.
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03-30-2010, 08:28 AM
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CC Member
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Join Date: Jul 2003
Location: Huntsville, AL,
AL
Cobra Make, Engine: 90% of a 428 friggin SCJ Engine!
Posts: 4,474
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Not Ranked
Fred... too funny. The obvious answer. Yet, $1800 in increased insurance might make me wanna fight it.
Still, look at the state you live in. Everything is so damn expensive. And, its not like its paradise up there (weather wise). I have never understood why folks are so damn attached to the place. And I lived there!
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Happy to be back at Club Cobra!
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03-30-2010, 10:02 AM
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Senior Club Cobra Member
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Join Date: Dec 2003
Cobra Make, Engine:
Posts: 2,705
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Quote:
Originally Posted by 392cobra
1. Put your big boy panties on and take responsibility for
your actions.
2. Pay the fine and quit whining.
Oh,stop at red lights from now on.
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Problem is I actually didn't go through the intersection when the light was red. The cop decided that because the car was stopped in the other lane (traffic was blocking his forward progress) that I should have stopped as well. The cop could not see my light or the stopline.
I have no problem paying a fine (though I may take the chance to fight it if I think I have a shot at winning) if I really did do what the cop says I did.
Steve
__________________
If you can't stay on the road, get off it!!
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03-30-2010, 10:35 AM
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Senior Club Cobra Member
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Join Date: Dec 2001
Location: Shasta Lake,
CA
Cobra Make, Engine:
Posts: 26,615
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Not Ranked
Steve,
Talking of fines, here is a small part of a letter to the editor that was in todays paper. "After filling the car with gas, I drove 100 feet to an intersection where there was no traffic, people, or anything else around. After making my stop I turned right onto the abandoned street and was blinded by the flash from a traffic camera. Not sure what I had did wrong I went back and looked and there is no sigh prohibiting a right turn on red when it is safe. Being the only vehicle on any of the 4 streets and no kids or people around, I didn't know what I had did. Yesterday I received a letter in the mail that I owe a $500 traffic fine. That for making a right hand turn after stopping onto a deserted street. Just imagine what the fine would have been if he had ran the stop sign.
Also bear in mind that this is his side of the story, but the fine part is correct as they are out of sight around here for anything. Moving violations are really expensive and especially if you squeak a tire as they write that up as a speed exibition and I believe the fine is around $800 to $1,00o for that.
Ron
Ron
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03-30-2010, 11:01 AM
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CC Member
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Join Date: Sep 2008
Cobra Make, Engine:
Posts: 1,120
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Not Ranked
Not to take any political side, but the problem is political. Traffic fines are supposed to promote safety. But politics have made fines into a profit center for communities. That was not what fines were 'supposed' to do.
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03-30-2010, 02:09 PM
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Senior Club Cobra Member
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Join Date: Dec 2003
Cobra Make, Engine:
Posts: 2,705
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Ron,
I helped a guy get out of one of those squeaker fines. He left a message a few months ago saying that he went to court and won his case. I'm pretty sure I met him at a car show. I told him to ask the cop if he had ever heard someone squeak a sneaker playing basketball or something. I then told him to ask the cop how fast he was going.
I was half joking when I told him to do that, but I guess it worked.
Steve
__________________
If you can't stay on the road, get off it!!
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03-30-2010, 03:37 PM
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CC Member
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Join Date: Aug 2007
Location: Lavon,
TX
Cobra Make, Engine:
Posts: 3,008
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Not Ranked
I got a squeaker ticket when I lived in San Diego. I had an 85 Trans Am at the time and I was pulling into a parking lot. As I crossed the crosswalk, my tires squeaked. A cop came running over, jumped in front of me and yelled FREEZE. I was thinking WTF? Who is this Barney? He wrote the ticket but messed up. On the ticket for speed he wrote between 5-40 and posted speed limit of 45. There were no skid marks of course because it was a squeak over paint. He also said the tires did not meet tread specs (Less than 200 miles on new BFG Comp T/As) and wrote another violation for bald tires. I fought it and won. I was able to show the judge the receipt for the tires and that was an easy dismissal and I asked the judge how I could be speeding when I was somewhere between 5 and 40 in a 45. Also the cop could not tell if I was doing 5 or 40? I can tell the difference and I am not a trained officer working with speeds every day. I also explained that I was turning into the parking lot and my tires squeaked on the paint, there was no skid mark, and I was not accelerating. Judge agreed it was BS and threw it out. Also reprimanded the cop on the spot. I was a bit nervous leaving as I was expecting to get pulled over for doing 41 in a 40.
__________________
Why do they call it "Common Sense" when it is so rare?
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03-30-2010, 04:22 PM
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Senior Club Cobra Member
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Join Date: Dec 2001
Location: Shasta Lake,
CA
Cobra Make, Engine:
Posts: 26,615
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Not Ranked
Steve & Joe,
I got stopped by a local cop some years back for squeaking the tires on the 69 Cobra as I pulled up the concrete ramp into the parking lot at the mall. He was really reading me the riot act about speed exibition and I asked his that since he was right behind me, just how fast was I going, He had clocked me at 13 MPH. But speed has nothing to do with it, I had squeaked the tires and even he admitted it was just a chirp. I made a deal with him that if he could drive the car into the parking lot and not stall it or make the tires chirp I wouldn't fight the ticket. He asked me to start the motor and listened for a few seconds and then asked if I would shut it off and let him look at it. I asked him what his looking at it had to do with the problem and he said, he had never seen one of those Cobras and just wanted to see what the engine looked like. After talking to him for a few minutes and letting him see the registry for the 69 Cobras, he was very friendly and told me he would tell the rest of them that they shouldn't bother me if the tires just squeaked as they would be leaving long black marks if I had my foot on the accelerator. I saw him many times after that and he would always ask me if I still had the Cobra.
That was before the state became so nasty that now everything is a fine no matter if you slide on ice.
Ron 
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03-30-2010, 04:24 PM
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CC Member
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Join Date: Feb 2009
Posts: 1,696
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Not Ranked
I got a speeding ticket once for supposedly doing 65 in a 55. I was on one side of the road, and the officer was on the other side of the road, which is a different township. I wasn't really even speeding, but on top of that, he legally could not give me a ticket.
I went to court and the cop never showed. I was first on the docket, but had to sit there for 3 hours going through every case waiting for this officer to show. Finally, when I was the last one there, the judge asked what I was there for. I explained the situation and he said I would have won anyhow. Had the cop shown up, the judge would have issued an order not allowing the officer to give tickets on that side of the road, so that is why he never showed.
I went to small claims and sued the township for the loss of wages and won. They ended up paying me a bit over $200 for that ticket.
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03-30-2010, 04:27 PM
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Senior Club Cobra Member
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Join Date: Dec 2001
Location: Shasta Lake,
CA
Cobra Make, Engine:
Posts: 26,615
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Not Ranked
Now that sounds fair to me. They should pay you for lost pay for having to show up and then the cop never showed.
Ron 
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