E90Post
 


The Tire Rack
 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > General E90 Sedan / E91 Wagon / E92 Coupe / E93 Cabrio > To contest or just pay and do traffic school?



Reply
 
Thread Tools Search this Thread
      02-27-2012, 01:02 AM   #1
urbanite23
Private First Class
44
Rep
188
Posts

Drives: black beauty
Join Date: Oct 2010
Location: east coast

iTrader: (0)

To contest or just pay and do traffic school?

d

Last edited by urbanite23; 03-08-2012 at 03:52 AM..
Appreciate 0
      02-27-2012, 01:10 AM   #2
Jonny550
Brigadier General
Jonny550's Avatar
269
Rep
4,936
Posts

Drives: 2012 550i Xdrive
Join Date: Feb 2009
Location: Jersey Shore

iTrader: (14)

Quote:
Originally Posted by urbanite23 View Post
I recently got a ticket for improper position for a left turn. The ticket is complete bs. Long story short, can't decide to just pay it and move on or contest it.

Honestly, it is the principle. However, if I contest it and lose I feel I won't be offered traffic school. If I just plead no contest, I'll have the fine reduced and be offered traffic school to avoid the point which is the most important.

Does anyone have luck with trial by written declarations or tips on how to beat this? Have to decide in the next few hours. Thanks!

Only way to beat it is with a lawyer, and in the end that will cost you more money and their is a chance you will still have to do traffic school.

When it comes to moving violations and court the left hand never knows what the right is doing.

i.e. get suspended, clear it up, get pulled over then find out your still suspended.

i.e. Pay a ticket, receive mail ticket unpaid ?!?!


It gets alot deeper then that but ive ran into minor moving violations such as yours a few times and its easier to just pay the money and do what your doing right now. Sitting down at the PC and do driving school lol.


the only thing good about a lawyer is that maybe he could just clear the whole thing up and wipe it off your name, which in turn means lower car insurance.
__________________
[SIGPIC][/SIGPIC]

.
Appreciate 0
      02-27-2012, 07:48 AM   #3
RoundelM3
Major General
RoundelM3's Avatar
United_States
1955
Rep
7,076
Posts

Drives: 15 F80 M3, 22 G01 X3 30i
Join Date: Apr 2010
Location: Clayton, NC

iTrader: (2)

Garage List
2015 BMW M3  [8.25]
2022 BMW X3  [9.87]
Or you could ask for deferred adjudication and if you don't get any more violations during the period (usually 6 months), the ticket is dismissed.
__________________

2015 F80 ///M3 Sedan 7DCT Tanzanite, 2022 X3 sDrive30i 8AT Brooklyn Grey
Appreciate 0
      02-27-2012, 08:21 AM   #4
ChasVS
Colonel
ChasVS's Avatar
United_States
41
Rep
2,431
Posts

Drives: 2012 MB ML350 Bluetec
Join Date: Aug 2009
Location: Central FL

iTrader: (10)

They're just out to raise revenues so it doesn't matter what you were or weren't doing. Pay up and take the course... Don't put any money in a Lawyers pocket for this..
__________________
My speeding isn't the problem. It's the Slow Folks ahead of me that cause accidents!
Appreciate 0
      02-27-2012, 08:24 AM   #5
ndog14
Banned
United_States
55
Rep
1,746
Posts

Drives: E90 328xi 6MT
Join Date: Aug 2011
Location: Pittsburgh, PA

iTrader: (0)

Talk to a lawyer to see your options. Don't think about the ticket or the driving school, think about the insurance increase. That is what will cost you.
Appreciate 0
      02-27-2012, 09:34 AM   #6
Wild Squid
Banned
22
Rep
626
Posts

Drives: 2011 BMW 335i coupe Msport AW
Join Date: Mar 2011
Location: Nor Cal

iTrader: (0)

What can a lawyer do that we don't know how to do ourselves? In this digital day and age where every answer can be found on the internet, why do we need a lawyer for a traffic ticket?
Appreciate 0
      02-27-2012, 10:55 AM   #7
BimmerCop
Banned
United_States
21
Rep
405
Posts

Drives: 2007 BMW 335i Coupe
Join Date: Jan 2012
Location: Virginia

iTrader: (0)

Unless it's an offense which if found guilty could lead to jail time, having a lawyer is a waste of money. Just request driving school if available.
Appreciate 0
      02-27-2012, 10:59 AM   #8
ndog14
Banned
United_States
55
Rep
1,746
Posts

Drives: E90 328xi 6MT
Join Date: Aug 2011
Location: Pittsburgh, PA

iTrader: (0)

Quote:
Originally Posted by Wild Squid View Post
What can a lawyer do that we don't know how to do ourselves? In this digital day and age where every answer can be found on the internet, why do we need a lawyer for a traffic ticket?
Why go to the ER if you have a gun shot? In this digital day and age where every answer can be found on the internet, why do we need a doctors?
Appreciate 0
      02-27-2012, 12:32 PM   #9
urbanite23
Private First Class
44
Rep
188
Posts

Drives: black beauty
Join Date: Oct 2010
Location: east coast

iTrader: (0)

Ahh.. can't decide. Either write a tdb (trial by declaration), though not sure how likely it is I'll win. Best bet is hoping officer won't respond or just pay it and request traffic school.
Appreciate 0
      02-27-2012, 01:45 PM   #10
CWS335
First Lieutenant
CWS335's Avatar
United_States
5
Rep
382
Posts

Drives: 2022 G22 (Ordered)
Join Date: Feb 2012
Location: Burbs, USA

iTrader: (0)

I'm not sure how things work where you are in this type of situation. I'd just call a traffic lawyer as a starter.
Appreciate 0
      02-27-2012, 01:57 PM   #11
Eko
Private First Class
4
Rep
103
Posts

Drives: E90 335xi
Join Date: May 2011
Location: Seattle

iTrader: (0)

Quote:
Originally Posted by Wild Squid View Post
What can a lawyer do that we don't know how to do ourselves? In this digital day and age where every answer can be found on the internet, why do we need a lawyer for a traffic ticket?
I dont know how the lawyers are over where you are, but here in the seattle area, all the lawyers i have ever worked with have an advantage that i do not have. They know the judges at the courts very well. last time i got a lawyer, he was able to tell me which judge ill be talking to and exactly what he likes to hear. (this judge tends to excuse tickets if i mention that the officers laser was not properly calibrated). This lawyer happens to also be friends with judges in the area.. pretty sure his appearance in court is just a formality haha btw this only cost me 200 bucks. my ticket was 178. %100 worth it.
__________________
-----------------------------
2008 335xi Montego Blue
Appreciate 0
      02-27-2012, 02:14 PM   #12
urbanite23
Private First Class
44
Rep
188
Posts

Drives: black beauty
Join Date: Oct 2010
Location: east coast

iTrader: (0)

I'm in Ca. The dilemma is whether I should use my one "out"(traffic school 18 months) to fight a bogus ticket or not.

If I used up my traffic school already, I'd fight the ticket regardless since I won't have anything to lose. If I fight this and lose, I won't be eligible for traffic school.
Appreciate 0
      02-27-2012, 02:43 PM   #13
ERdiesel
Private First Class
4
Rep
103
Posts

Drives: 2014 335i xDrive
Join Date: Dec 2011
Location: NYC

iTrader: (0)

Quote:
Originally Posted by urbanite23 View Post
I'm in Ca. The dilemma is whether I should use my one "out"(traffic school 18 months) to fight a bogus ticket or not.

If I used up my traffic school already, I'd fight the ticket regardless since I won't have anything to lose. If I fight this and lose, I won't be eligible for traffic school.

Seems weird that any state would "punish" you by disqualifying you from traffic school if you contest a traffic violation and lose. Usually one would get "punished" by paying a fine and being ordered to go to traffic school when losing in court. But then again its California............guess I shouldn't be surprised at any legislation coming out of that state.
Appreciate 0
      02-27-2012, 02:48 PM   #14
edirtaynine
Major General
87
Rep
6,088
Posts

Drives: e92
Join Date: Mar 2011
Location: SoCal

iTrader: (0)

just go to court by yourself. hiring a lawyer for this is a waste of time and money. just be polite and professional when in front of the judge. plead your case that you are not at fault, but at the end if you're still ruled at fault, ask the judge to offer traffic school and a reduced fine. judges aren't assholes unless you come off like an asshole.
Appreciate 0
      02-27-2012, 02:53 PM   #15
urbanite23
Private First Class
44
Rep
188
Posts

Drives: black beauty
Join Date: Oct 2010
Location: east coast

iTrader: (0)

Quote:
Originally Posted by edirtaynine View Post
just go to court by yourself. hiring a lawyer for this is a waste of time and money. just be polite and professional when in front of the judge. plead your case that you are not at fault, but at the end if you're still ruled at fault, ask the judge to offer traffic school and a reduced fine. judges aren't assholes unless you come off like an asshole.
If I contest it, I'll go the trial by declaration route. If I lose that, I'll do a trail de novo with the officer. There is no way I'll be able to be offered traffic school for that since I'll have "wasted" the court and the officer's time. My only chance at winning imo is if the officer doesn't respond to tbd or show up. Experiences on tbd would be nice.

If I just decide to pay it, I'll show up to an arraignment and prob have it reduced and traffic school. Done. Yet, I don't want to waste traffic school on something that I think is bogus. I'd have no issue paying it if I felt I was in the wrong, which I have done with speeding tickets.

Final thoughts, advice, experiences? Thanks. Want this done with soon.
Appreciate 0
      02-27-2012, 02:58 PM   #16
CamelBiscuit
Banned
United_States
20
Rep
632
Posts

Drives: 11 E92 335i
Join Date: Mar 2011
Location: 702

iTrader: (0)

Garage List
2011 E92 335i  [10.00]
Quote:
Originally Posted by ndog14 View Post
Why go to the ER if you have a gun shot? In this digital day and age where every answer can be found on the internet, why do we need a doctors?
Nice one. I thought if you go to the class it does not go on your insurance?
Appreciate 0
      02-27-2012, 03:01 PM   #17
BEAR-AvHistory
2020 Z4 M40i - 2022 M4C Convt
BEAR-AvHistory's Avatar
United_States
3175
Rep
5,264
Posts

Drives: 2020 Z4 M40i - 2022 M4C Convrt
Join Date: Jun 2011
Location: Raleigh, NC - OIB, NC

iTrader: (0)

Garage List
Cop thinks your wrong you think your right what happened?

Lawyer does not cost much & has a way better chance of plea bargain to no points.
__________________
Kevin
Dravit Gray, Black Leather, Moonlight Roof, Red Calipers

2022 M4C - 2020 Z4 M40i - 2023 FORD Expedition XLT Max 4X4 400BHP - 2009 V-Star - 1998 Ranger 4X4 5MT - 1965 Cobra (R) 5MT - 2023 Jeep Wrangler Sport S 6MT
Appreciate 0
      02-27-2012, 03:05 PM   #18
edirtaynine
Major General
87
Rep
6,088
Posts

Drives: e92
Join Date: Mar 2011
Location: SoCal

iTrader: (0)

i personally doubt the effectiveness of trial by decl. these days. i would just skip that and go straight to court. when i was in court last year for a ticket, there were plenty of people with traffic tickets that didn't "win" but the judge still offered them the choice to go to traffic school afterwards. i tried the trial by decl. once and lost. felt like a total waste of time to me and with so many damn papers going through the system, i didnt want to risk the chance of something happening where papers get misplaced/lost and the ticket deadline date and fines get all complicated. "i.e.- extension gets approved but the 'system' doesn't show it and you get additional fees. or you dont get an extension even though you should've and get additional fees. blah blah blah." these days with the fucked up court system, a $100 ticket turns into a $300 ticket after fees... and double or triple when a date is missed. fuck that noise. i'd rather just go to court the first time around and have everything settled on the spot for sure. our system is way too disorganized in my opinion to trust that it'll be taken care of "responsibly."

good luck though and let us know how things turn out!
Appreciate 0
      02-27-2012, 03:22 PM   #19
BimmerCop
Banned
United_States
21
Rep
405
Posts

Drives: 2007 BMW 335i Coupe
Join Date: Jan 2012
Location: Virginia

iTrader: (0)

Quote:
Originally Posted by urbanite23 View Post
I recently got a ticket for improper position for a left turn. The ticket is complete bs. Long story short, can't decide to just pay it and move on or contest it.

Honestly, it is the principle. However, if I contest it and lose I feel I won't be offered traffic school. If I just plead no contest, I'll have the fine reduced and be offered traffic school to avoid the point which is the most important.

Does anyone have luck with trial by written declarations or tips on how to beat this? Have to decide in the next few hours. Thanks!
Just curious... What exactly did you do or didn't do, which cause you to get a ticket?
Appreciate 0
      02-27-2012, 03:26 PM   #20
ndog14
Banned
United_States
55
Rep
1,746
Posts

Drives: E90 328xi 6MT
Join Date: Aug 2011
Location: Pittsburgh, PA

iTrader: (0)

Quote:
Originally Posted by HaveQuick View Post
Nice one. I thought if you go to the class it does not go on your insurance?
I don't know. I'm saying the lawyer will give the best advice, much better what a google search or e90post gives. Maybe in OPs state it does. He should at least consult with a traffic lawyer before court to figure out the best option for him.
Appreciate 0
      02-27-2012, 03:27 PM   #21
El Cheapo Loco
douchebaggo
189
Rep
971
Posts

Drives: stick
Join Date: Oct 2009
Location: CA

iTrader: (1)

Quote:
Originally Posted by edirtaynine View Post
i personally doubt the effectiveness of trial by decl.
FWIW, I just beat my cell phone ticket using trial by declaration. Effectiveness for moving violations may be different though.
Appreciate 0
      02-27-2012, 03:28 PM   #22
CamelBiscuit
Banned
United_States
20
Rep
632
Posts

Drives: 11 E92 335i
Join Date: Mar 2011
Location: 702

iTrader: (0)

Garage List
2011 E92 335i  [10.00]
Quote:
Originally Posted by ndog14 View Post
I don't know. I'm saying the lawyer will give the best advice, much better what a google search or e90post gives. Maybe in OPs state it does. He should at least consult with a traffic lawyer before court to figure out the best option for him.
I'm with you on that sir I just thought your response was funny.
Appreciate 0
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 09:29 AM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST