Here is the scenario: I borrow Scott Klines trailer to bring my car home last month. Everything works out great. The following week I take it back to him. On the way there I am begining to start my merge left as the 60 and the I-5 split is getting pretty close, maybe 3-5 miles away (remember this is L.A. traffic so you need to start planning alot sooner). I'm doing exactly 50 mph. CHP pulls me over. I'm nice (really didn't know why he stopped me). I ask, "Is there a problem?". He says, "I stopped you because you are pulling a trailer in the number 2 lane". I say "Oh. I didn't know it was illegal". He asks for the usual paperwork and walks back to his car. I sit and wait for almost 10 minutes while he does all of his "Wants & Warrants" checks. I'm thinking everything is in order so he'll give me a warning and I'll be on my way. Comes back with ticket book in hand and tells me he's going to cite me, "FUCH!!!. I remain polite and sign the ticket. Guess what came in the mail yesterday?????









EIGHT HUNDRED AND SEVEN MOTHER FUCHIN DOLLARS!!!!!!!!!!!!!!!!!!!!!!!!

This I will fight.

WTF that is crazy.

Good luck

damn dude.... I would fight it too.

QUOTE (Headrage @ Jul 6 2005, 08:58 AM)

EIGHT HUNDRED AND SEVEN MOTHER FUCHIN DOLLARS!!!!!!!!!!!!!!!!!!!!!!!! This I will fight.

Try not to be so mad.

Maybe you can consider it your donation to California's budget deficit bailout fund

Or, I'll bet that some school administrator over there will now be getting a much deserved raise.

Ron

Good luck fighting it. If you lose, I bet the judge would be reasonable and reduce the fine if you ask,,, un-fuching-believe-able

Sorry to hear about your ticket.

So whats the actual statute? I ask cuz Im gonna be haulin one down to cali in the next couple of days?

Whoa! Did you merge into the fast lane or just not the slow lane? My understanding was that no trailers were allowed in the fast lane, not that they were relegated to the slow lane. Otherwise how would truckers pass each other?

Sorry, I'm not picturing the interchange, only been there a few times.

Fight it, might even be worth a lawyer.

HOLY SHIT!

I am so damn glad I got the hell out of that state when I did!

Damn, I forgot to buy a tag for my trailer for two years because I seldom use it and had cops ride along behind me and never even pull me over... Then one day I get popped and the cop walks up and says "did you know your tag is 2 years out of date" I replied that I did know it but really needed to use the trailer and I'd get it taken care of Monday morning- sir...

He gave me a verbal warning and sent me on my way.....

how are going to fight it??

not to be an @ss, but you cannot blame "ignorance" of the law....you might have a good chance if you take it to court and mention that you had to get over to make your connecting on-ramp....I'd go back to the location and take pictures or find a map that shows the freeway and approx spot you got pulled over.....impress the judge with information and facts


I got a warning about being in the fast lane once, of course traffic was only going 5mph and I told him I moved over for the merging traffic.

QUOTE (Mueller @ Jul 6 2005, 11:20 AM)

how are going to fight it??

I'm going to use the facts. I've never beat a ticket with the "I didn't know" excuse. I was trying to merge over to get to the far left where I would need to be when the freeway splits. Much safer to plan and implement early in L.A. traffic to avoid those last minute maneuvers. They cause accidents. Simple.

in my 20s i got a ticket for everything you could get ticket for.but i never got fined 800.00!!! even when i was doing 98 in a 55,fight that one.
james

I plead not guilty for a speeding ticket once, showed up for court, the cop didn't show, the judge called his name a second time then said "dismissed" and hit the gavel. A friend of mine had done the same thing with the same results.

This was in OR - don't know how it would work in CA. But I would hope you could at least get it reduced. Let us know how it goes.

QUOTE (Headrage @ Jul 6 2005, 10:33 AM)

QUOTE (Mueller @ Jul 6 2005, 11:20 AM) how are going to fight it?? I'm going to use the facts. I've never beat a ticket with the "I didn't know" excuse. I was trying to merge over to get to the far left where I would need to be when the freeway splits. Much safer to plan and implement early in L.A. traffic to avoid those last minute maneuvers. They cause accidents. Simple.

I cant believe he would site you with a split coming up. That plain sucks. Good luck allan. If they found Jacko innocent, they'll surely throw out your ticket.

QUOTE (MattR @ Jul 6 2005, 11:40 AM)

QUOTE (Headrage @ Jul 6 2005, 10:33 AM) QUOTE (Mueller @ Jul 6 2005, 11:20 AM) how are going to fight it?? I'm going to use the facts. I've never beat a ticket with the "I didn't know" excuse. I was trying to merge over to get to the far left where I would need to be when the freeway splits. Much safer to plan and implement early in L.A. traffic to avoid those last minute maneuvers. They cause accidents. Simple. I cant believe he would site you with a split coming up. That plain sucks. Good luck allan. If they found Jacko innocent, they'll surely throw out your ticket.

this is why he got the ticket:

QUOTE

say "Oh. I didn't know it was illegal".

did you know that now in CA if it raining and you have your windshield wipers on, your headlights "must" be on as well????....even in the day time.....

I do agree that the fine is way too steep for such a ticket....I figure it would be a few hundred bucks at the most......

I assume you would have mentioned the possibility of jail time if it was possible so this is for an infraction (fine only), not a misdemeanor (fine and/or confinement).

What is the citation for the infraction on your notice?

BTW, not knowing the geography,

QUOTE

On the way there I am begining to start my merge left as the 60 and the I-5 split is getting pretty close, maybe 3-5 miles away (remember this is L.A. traffic so you need to start planning alot sooner).

is a good defense. You need to work that out with the prosecutor ahead of time though.

O U C H!!!!!!!!!!!!!!!

That's my old trailer....looks like I'm getting it back cause it's too small for the Shaloom...fits Frank and Manfred though....

Try this as part of the defense. Note the wording at the bottom.

http://www.dmv.ca.gov/pubs/vctop/d11/vc21655.htm

This sucks Allan. You need to fight this one. Do a lot of homework. Look up the law. Draw some diagrams of the freeway lanes, showing exactly where you were and what your intentions were at the time. You need to stress that you thought you were doing the SAFEST thing. Be sure and bring up your spotless driving record. (It is isn't it)? If it isn't then don't bring it up. Do as much preparation as possible. (Judges love that). Good luck.
Cheers, Elliot

I drove my trailer with an expired tag for 8 years!

I finally got stopped and he told me to get it taken car of. No ticket.

Paul

Bitch all ya want about CA...but they did start assigning trailers with PTIs...permanent trailer IDs...they are gud fer 5-10 years if I recall.

SUCKS! FIGHT IT! You were moving over, you were moving over, you were moving over...

HAMMER IT HAMMER IT HAMMER IT HAMMER IT


M

QUOTE (john rogers @ Jul 6 2005, 02:28 PM)

Try this as part of the defense. Note the wording at the bottom. http://www.dmv.ca.gov/pubs/vctop/d11/vc21655.htm

:: ping :: <- Sound of hitting the nail on the head.

That's where I'd start.

I am looking at the ticket and I think I got cited wrong. He cited me for Section 21655.6

Here's a map. If I stayed in the right lanes I would of ended up on the 10 freeway.

QUOTE (Headrage @ Jul 6 2005, 01:02 PM)

I am looking at the ticket and I think I got cited wrong. He cited me for Section 21655.6

That sounds high even for a HOV violation. Was it only one infraction?

Yep, just the one...

Sometimes they double the fine. Was it a commuter lane?

or a construction zone?

I've fought a number of tickets in the last ten years and I've never regretted it. The key to success is being prepared.

I have this book Fight your Ticket and I recommend it.

If you just got the notice in the mail, you are probably working against the clock already. A few quick suggestions:

1) Discovery - you can force the officer to share with you all his notes from the ticket. this will help you prepare your defense.

2) Examine the ticket - look for any and all inconsistencies. Read and understand the code for which you were cited

3) Wear a suit and tie to court! Know that the officer will either be in his formal uniform or a suit and tie (if off duty) and you need to look as serious as he is.

4) Know your rights. 5th admendment says that you cannot be forced to testify against yourself but you have a right to cross examine your prosecution witness. If you are guilty and you decide to testify, this can be dangerous. If you decide not to testify, you have to know how to walk the line between cross examination and testimony - it's amazing how many people don't understand this simple fact at traffic court. If you are innocent, according to the facts as you know them and the vehicle code, you have nothing to lose by testifying (sounds like this is the case with you) but you still need to BE PREPARED.

5) Speed zone surveys, freeway engineering documents, past litigation, etc. are all in the public domain and will only bolster your case if you do your homework.

6) You have a right to a speedy trial ( within 45 days, I think). You can use this to your advantage by asking the cop to be there on his vacation days (i.e. no show) or, waive that right and string it out for the next 6 months so that this cop will have ZERO recollection of you and your situation and completely botch the details in court - where you can have a field day running him in circles with 100 questions.

Good luck!

"traffic fines doubled in construction zones"

plea not guilty, when you get the court date, postpone it one time (the most allowed) there is a better chance that the cop wont show up, and there is a good chance that it will be thrown out. all of the summonses that were written on that particular day, will go to court on the same day, by you postponing it, the cop will have to make a special trip to traffic violations bureau on the rescheduled day.
good luck
joe

It wasn't in a construction zone. I'll beat it.

look at the ticket carefully, ie your license plate, the exact location of the infraction, the section of the vehicle and traffic law...any errors, the ticket has a good chance of being dismissed on a technicality.
Joe

Befor you go to court, get some poster board. Draw the best you can, a diagram of the freeway intersection and show exactly what happened and what your intentions where. Explain that what you did was the safest way to merge into the other freeway.
Don't count on the officer not showing up. One thing I learned in traffic school is, in California cops will get in hot water if they do not show up in court. Best of luck on this. Let us know what happens. Don't let the bastards get you down.
Cheers, Elliot

I also have had more than a few tickets...go figure....

Here's my advice....

Hope the cop or his stupidviser don't catch the mistake and send an amended ticket in the mail...they can and have done that....

Send in a request for trial by declaration....tell them you weren't in the HOV lane.

Point out the statute cited on ticket, the description of the violation and the fact that it does not match. Ticket should say what lane you were in.....

Tell your story with pics and stuff...ask for it to be dismissed.

Saves the drive to the courthouse and time off from work. You have a strong case.

Doing the discovery route and the other stuff is gud...but you are trying to get it dismissed because of the wrong statute.....you start asking for discovery and all the other stuff they are gonna take a close look and prolly find the cite discrepancy and amend it....

it is possible that the cop wont show up because they are not going to pay overtime for him to show up at traffic court (if it is a scheduled day off) the courts just reschedule the date, they dont check to see if a cop is working or not on the rescheduled day....have your ducks in a row to plead your case, but you might get lucky and have it dismissed for a no show.
good luck
Joe

QUOTE (joeav8tor @ Jul 6 2005, 01:54 PM)

the cop will have to make a special trip to traffic violations bureau on the rescheduled day.

Yeh on overtime at that, This is really where they make their money. [B] Mike

PS, I for one am glad about the lights on when it is raining sure lots easier to see the cars. Actually should not need a law for this to happen, just plain common sense. OOOPS this is california that part is left at the border.

The only problem with the lights on when it's raining is that they leave it wide open to interpretation based on the officer. The new statute says that they have to be on when it is raining but if it is just enough to effect visibility then the wipers should be set for the conditions...

I hope you all have functioning intermintent wipers. And they are calibrated to the freakin little shit's heighth that pulled you over or you will be fighting one as well.

QUOTE (Manfred Z @ Jul 6 2005, 03:43 PM)

I also have had more than a few tickets...go figure.... Here's my advice.... Hope the cop or his stupidviser don't catch the mistake and send an amended ticket in the mail...they can and have done that.... Send in a request for trial by declaration....tell them you weren't in the HOV lane.   Point out the statute cited on ticket, the description of the violation and the fact that it does not match.  Ticket should say what lane you were in..... Tell your story with pics and stuff...ask for it to be dismissed. Saves the drive to the courthouse and time off from work.  You have a strong case.   Doing the discovery route and the other stuff is gud...but you are trying to get it dismissed because of the wrong statute.....you start asking for discovery and all the other stuff they are gonna take a close look and prolly find the cite discrepancy and amend it....

Ya, trial by declaration...not. I n my own experience, I was issued three warrants for my arrest because the mail and the court admin took longer than the deadlines. My ticket fluctuated between $600 and $990....I ended up paying the $990 and they mailed me back the $390 (warrant fine)
several months later. Go the most direct way as possible. I like the postponement thing. I also showed up to court several weeks early on a citation. The cop was not ready for me and the case was dropped. It was stupid, though.

Lotsa barracks lawyers here, myself included I guess. The best thing for you to do is talk to a lawyer. A real one.
Cheers, Elliot

Thanks for all of the advice...

I'm going to pave my own road and see what happens,,

My position within my company affords me alot of resourses for fighting everything from bad fireworks to driving issues. I will fight it and offer everyone tips on how it worked out.

Elliott, this does not apply to things that happen at 35,000 feet.

I'm gonna tell'em that Mike (Dr. Evil) was doing all of the bad things.

I was in the back smoking camel hair. (With Miles)

Okay, here we go...

Going to court tomorrow to plead my case.

It's either get off scott free or sell the teener....

Wish me luck...................................

QUOTE (Headrage @ Aug 7 2005, 07:03 PM)

Okay, here we go... Going to court tomorrow to plead my case. It's either get off scott free or sell the teener.... Wish me luck...................................

noooo!!!!!!!!

just say .....well i dont know what you have to say.....but just get out of it....

wish you the best my friend!
AA

Gud Luck....tell them it was Scott's fault....

QUOTE (Aaron Cox @ Aug 7 2005, 10:13 PM)

just say .....well i dont know what you have to say.....but just get out of it....

Yeah, purgery obviously cant be worse then the charges you're facing!

Good luck Allan. And just remember, "I have never taken steriods. Period." (worked for Rafeal Palmeiro.

Okay, round 1 is over. I managed to convince the court that they were in error on the actual vehicle code I was cited for and that they had assessed me with a D.O.T. classified penalty.

Got the bail amount lowered from the iriginal $807.00 to $157.00.

Demanded a trial and they were kind enough to oblige.

Next court date September 12th.....

Atta Boy thats 1 for the good guys

Cool !