I just got ticketed for ASHING my cigarette out window, but my ticket says i threw it out. should i argue it?
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I just got ticketed for ASHING my cigarette out window, but my ticket says i threw it out. should i argue it?
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I was driving with my friend and this cop pulls me over for ashing my cigarette out the window, i did not throw it out cause i knew it was littering. this sounds ridiculous to me because by the time it hits the ground that ash would be as harmless as a fly, (cop said it could cause a fire). well the thing is he wrote down on the ticket that i THREW it out on the roadway so im just wondering if i could argue that somehow and somehow win and not a pay a huge ticket (i live in CA). he did basically charge me for the wrong thing...so any tips or exptertise?
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Marlee
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Don't waste your time with it. You will lose even if you are technically right. |
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Quasimodo
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Next time use the ashtray.
But...if you can afford no less than three days off from work while you waiting in a courtroom for continuance after continuance...hire a lawyer because the judge won't entertain you defending yourself, thereby feeding the pockets of the legal pimps of the nation we've all come to know and love as attorneys and finally getting the case nolled then go for it. Seems to me it'll be cheaper in the longrun to pay the damn fine and make use of the ashtray in the future. Or give up smoking. |
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Wounded Duck
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I would fight it! |
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demos_jones
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Well, in CA you could plead Guilty With Explanation that might reduce or exonerate your fine. But again might not. Flip a coin, roll the dice, whatever's your fancy. The only way to contest it is to plead Not Guilty. And then you can argue your point. How well that will work, in the end, depends entirely upon how much time and effort you'll put into researching the law and case history on the subject.
But, you'll most likely meet first with the prosecutor to declare upon what basis you're contesting the charge. It's unlikely (although possible) that the prosecutor will drop the case right there, but he might consider it not worth the effort to pursue it for the expense. If it's within your choice, always demand a jury trial. It's harder to convince 6 people to all decide against you than one judge. |
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charlene
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you would get laughed at in court, and besides it is near the end of the month he's just trying to meet his quota |
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Scando Fonz
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yes dont pay the fine
they just write tickets because copes are required to write at least 30 tickets a month so yes fight it |
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?
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NO, just quit smoking and then you won't have to worry about it. |
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justcurious
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I would fight it! I believe the first offense for throwing out a cigarette butt requires you to do mandatory community service (picking up trash) plus a hefty fine. |
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dmwojo83
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I agree with those that say to show up on the court date. I doubt he will show. |
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Ken T
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If it was a traffic cop and you don't want to pay the ticket show up on the court date. 90% of contested tickets get thrown out of court. Not to mention the cops are normally busy and rarely show up at court. He is your only witness and if he doesn't show you don't have to may most of the time. |
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Ed
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I don't believe the judge will take your word over the officer"s but I may be wrong. If he wrote you a ticket for it he thinks he saw it and you'll lose. My advice is to quit smoking and you will have the money to pay the ticket and you will live longer too. You might even be thankful because you were finally able to quit. I smoked for nearly 40 years and quit cold turkey and a tic-tac in the place of my cigarette pack. Been quit for years now and don't miss them. |
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FT-5
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1st of all EVEN tossing a cig out your window is NOT littering.. Everything in a cigarette is completely biodegradable thus it isn't and can't be called littering.. People and cops are gettin ridiculous over this hate for smokers.. I'd appear in court and ask what is it that can be deemed as litter if it's biodegradable which is one of the factors of something being claimed as litter under the legal definition.
Why do people sit back and judge you for smoking? Was that the quiestion or do they just feel it's their place to judge people for smoking.... I hope these same people don't drive cars as 100 packs of cigs go out their exhaust everytime they turn the key. Plus I can only assume these so called health crazy people don't use cell phones either as that causes cancer.. So TIRED of the anti smoke hypocrites! |
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Travis
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not unless you did it..
that is littering.. SMOKERS ARE GOING TO DIE!!! |
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Rymonkey11
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You're going to die as well, fatty. And to all of you smoking Nazis, please don't be upset when us fit people ask you to lose some weight. You fatties are the ones who responsible for record health care costs. Obesity related deaths make lung cancer related deaths trivial. Lastly, rotund people are leaving a
massive carbon footprint due to their excessive eating
and weight. Over the course of 50 years, how much more gasoline will a fatty use vs the non-fatty? How about the massive increase of livestock now slaughtered needed to keep the fatty's from rampaging? See how this game is played? Soon, the lawyers will be coming for you fatty! PS. Never smoked a day in my life, but understand how easy it is to degenerate a
Please explain how an ash is littering? Where is the ash? |
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