When you get a traffic citiation and you go to court does the cop?
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When you get a traffic citiation and you go to court does the cop?
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have to have proof that you were speeding ? and if i do fight it will their be an increase of the amount if i loose , should i fight or should i just pay and get a point , i was speeding but the cop was on a motorcyce with no radar gun pointed at me , and he said i doing 55 in a 35 mph zone
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~~kelly~~
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have you ever been to court? the cop is always right, even when he's wrong, just pay the thing, court costs will eat you up. |
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Kat S
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Go to court and pay the fine. You admitted you were speeding. Slow down next time. |
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spartaworld.combat
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It all Depends on the judge and what court you are in. The police officer does have to appear for he is the accuser. However at the beginning of the session the court clerk or marshal will try to tip the worry about the citation in the court's favor. You have a 50/50 chance that the officer will not be there and if the court is busy, the judge will dismiss the charges. Oh yes, don't admit anything. You where not doing fifty miles an hour!
Spartawo... |
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Scott H
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Yes, the burden of proof is on the plaintiff (the city/county/state) not the defendant (you). Chances are, he has proof you were speeding, it's what they do all day, so they're pretty good at it. If he didn't have radar, he will have to explain how he determined your rate of speed.
If you request a trial, there is always a chance that the officer won't appear, in which case the judge will throw your case out. |
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LEANN
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Just pay it and get it over with being in the legal field I know it is more hassle then you want and it will cost more |
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RcknRllr
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He doesn't really have to have proof. It's your word against his. The only hope is that the cop doesn't show up. Also, while you may not have been going as fast as the cop says, if you were admittedly speeding, you cannot use that as your defense. It is a bunch of BS but you cannot argue, "the cop said I was going 55 in a 35, but I was only doing 40." Like it or not, that's still speeding. |
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JustMy Opinion
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Well the its always the cops word over yours. All you can do is try to get no points or have the cost lowered. You can try to say you dont think you were going that fast.... But if you lose (which you will) the amount does not increase.... The cop does not need proof, only his word! Just say you cannot afford this ticket and see what happens... |
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JERSEY BOY ♠♥♦♣
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The court will dismiss the ticket because there's no evidence except for the cop's opinion of how fast you were going (& opinions don't hold water in court). |
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atlantaboi3
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If the cop does not show it does not mean you are off the hook. Sometimes yes, but it is not a guarentee. The cop can show up. Of course he is going to win. Chances are you probably doing what he said you were. Trust me, I have had more tickets than I care to share. The only time I did not know what I was doing was because I was speeding and I ran a red light. When he stopped me and asked me if I knew why, I honestly had no idea! Hahaha!! Yeah I got a ticket for both.
So anyways pay your ticket and move on. If you go to court you might not get points and could get a reduced fine. Just don't get too Judge Judy. Like I said, you probably were doing what he said. It is a court. Be respectful. |
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rachel
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he doesn't have to prove anything. if you lose, there'll be the ticket amt plus the "surcharges" (but they're listed on the back of the ticket) but they can't charge you more for arguing it. if it'll cost you to leave work for court, you're better off just paying 'cause you probably won't argue you way out of it w/out a lawyer, and they're only 50/50 results |
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FirebirdMan54321
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Just go to court and pay it. Cops are among the dumbest people that I have ever experienced in my life. Don't fight the idiots over it. It's not really a fair situation. I understand that. Just watch out for those pigs the next time you speed! Best wishes!!! |
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Jen
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maybe he had some way of telling how fast you were driving, but you couldn't see. i wouldn't take the chance and have to pay more money or have more points. i would just pay it |
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Pretty Girl
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I work for a attorney and I think you should hire a lawyer because the police officer will always be right even if he was wrong. Hire a attorney and for a small fine pay for him to rt to improper equipment...If you pay the ticket off in court you are pleeing guilty for the what he charged you for. So to save points and from your insurance going up I would hire an attorney...Goodluck |
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Jimithy â„¢
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You have the burden of proof. It's up to you to prove it. |
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censoredandangry
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I would go to court. Chances are if the cop doesn't show up, you'll be let off. Otherwise, the cop's word is always taken over the defendant's. Twisted legal system. |
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