Quote:
Originally Posted by hungryhung
HELP. I know I gave up my rights when I said "could search my car. " What can I do? I end up feeling like a criminal and a "failure to stop at a stopping point" ticket. How can I beat this ticket?
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Do yourself a tremendous favour: Clean yourself up (shirts
are required,) and show up on the appointed date and time with the facts in hand. Facts only; no personal details; the weather and your personal wardrobe choice are irrelevant to the court. If you have proof your window tint is within legal limits, I'd bring that as well. (That shows you're prepared.) Indicate to the judge that no reason was disclosed at any time during the traffic stop and simply list the facts as they happened. I'd also clearly indicate your willingness to cooperate as well (yes, you DID consent to the search) and tell the judge that after approximately a half hour or so, you were finally informed of the reason for the stop when the officer presented the citation to you. (If in fact that was the case.) I agree with you in that I believe the reason
should've been disclosed at some point
during the stop, after both you and your vehicle were checked and cleared, assuming there were no prior outstanding tickets, etc. Just out of curiosity here, did you ask at any point why you'd been stopped?
You have a 50/50 chance that the officer will appear in court. (It's a minor traffic ticket and he/she may not even show up.) Regardless, if you present the circumstances as you recall them, (without elaboration) have a good previous driving record and show respect to the court while presenting your case, I think you have a pretty good chance at having the ticket dismissed. (Accepting your post at face value.) Strictly, an opinion here; not legal advice. That's not "beating" the ticket; that's
contesting it. You have a right to do so.
FYI: depending on your jurisdiction, some city courts have clerks to check you in and advise you of your options there. For example, your jurisdiction may allow you to plead "no contest," pay court costs and have a 60 day probationary period that'll allow the ticket to be dropped/expunged from your record after no further infractions. (An example only.) If you're not sure, you can always contact your traffic court ahead of time and find out what their standard procedure is. At least you're prepared ahead of time.
Good luck.