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Re: Having worked in traffic court during law scho (archive)

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Posted by matt on August 31, 2001 at 22:25:16:

In Reply to: Having worked in traffic court during law school posted by Brent on August 31, 2001 at 13:33:31:

To add on Brents comments....the chance of a traffic officer not showing os almost zero. This is because a few years ago most police departments did not pay officers when they had to go to they do.
I agree that you can use the car mistakes to show he makes mistakes.....but its not enough to get out of ticket. It is a correctable error and the officer could actually appear in court to change any info. that was wrong on the ticket.

. . . I also recommend fighting the ticket, but you already planned on doing that.

Based on my experience in the Orange County CA traffic court I offer you the following:

1) You have to be proven guilty so ask for a trial. (The other option is to plead guilty with the DA's office on the date of your appearance and usually the fine will be reduced by the DA's office.)
2) There is the possiblity the citing officer will not show, or cannot show at the time of the trial. In which case the case will be dismissed.
3) Should the officer show for the trial, he will have to present his version first, and you will have the opportunity to ask him questions. Ask him specifically what time it was, what cars were involved, did he specifically see which car spun the tires (yes/no), which car spun it's tires, were tire marks were left by either of the cars (if he says no, you can presnt pictures of the vettes tire marks when you present your side.) In other words, try to flush out the 'facts' that he says happened but how they differ from the physical evidence and your witnesses.
I wouldn't put too much emphasis on the time difference, car model difference other than to show the officer does make mistakes.
4) Good luck.

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