Improper passing ticket question.... (Section: tax, safety, move)

[gthomas75]

I agree your post is confusing. In either case, what is the charge on the ticket - the one that you signed?

I don't have a clear picture of what happened, but it sounds like you were driving in the left lane as you approached the cruisers. If this is the case, you are not suppose to drive in the left lane unless you are PASSING, otherwise, you should be in the right hand lane. It's also odd that the cruisers were on the left hand shoulder, they usually wait on the right hand shoulder. And yes, as in Ohio and other states, it is law in Alabama that when an officer has someone on the shoulder, you are to move over into the other lane--safely, of course. If you cannot move over in a safe manner, then you are to slow way down.

Too many officers and others have been hit while stopped on the shoulder. It's so sad that they actually had to spend money, time and effort and make this a law....it just so common sense!

But, like you and OPs said, it's easier to just pay the dang thing and chaulk it up to lessons learned....whatever they may be.


The actual ticket was "improper passing". I was in the left hand lane as I came around the curve and when I seen the officers in the median I moved to the right hand lane. I can't remember exactly why I was in the left lane. I think I may have passed a semi a few minutes beforehand.

[gthomas75]

Sorry. I'm also a moron and am not sure how to quote people properly. =)

[HB2HSV]

Originally Posted by gthomas75

Sorry. I'm also a moron and am not sure how to quote people properly. =)

Not a problem. We know when you're quoting.

To quote properly using html, simply hit "quote" on the lower left hand corner of another person's post that you're responding. Otherwise use (quote).... text here...(/quote), except () is replaced with []...

[gthomas75]

To quote properly using html, simply hit "quote" on the lower left hand corner of another person's post that you're responding. Otherwise use (quote).... text here...(/quote), except () is replaced with []...

Ah ha. Thank you. I was wondering how people were quoting just a section of a message.

[DebFlack]

hmm..lol

[DebFlack]

I was wondering how people were quoting just a section of a message.




oppps...

[3am green coffee]

Originally Posted by DebFlack

If you want to really mess with them...ask for a court date....then continually ask for a 'postponement' from the clerk of courts, due to your 'being ill', 'not a resident', or other extenuating circumstances...

Most courts won't allow you to postpone indefinitely, but you usually do get at least one postponement. A postponement decreases the likelihood that the cop will show up to testify against you, and it also increases the likelihood that he won't remember what actually happened if he does show up to testify.

It is sometimes possible to have a traffic case moved to the jurisdiction in which you live. For example, if facing the ticket in court would cause you to have to drive 50 miles to appear in court, you can sometimes file a request to have the case moved to the closest jurisdiction to your home town. That significantly reduces the likelihood that the cop who wrote you the ticket will show up to testify against you.

If you plan to take it to trial, you get a discovery phase just like any other court case, and you can request and probably receive copies of the patrolman's notes. Those will give you an idea of what he'll say against you in court, and give you the opportunity to point out discrepancies from his own notes if he changes his story in court.

Yeah, some traffic judges are just rubber stamps for the cops, but not all of them.

[gthomas75]

It is sometimes possible to have a traffic case moved to the jurisdiction in which you live. For example, if facing the ticket in court would cause you to have to drive 50 miles to appear in court, you can sometimes file a request to have the case moved to the closest jurisdiction to your home town. That significantly reduces the likelihood that the cop who wrote you the ticket will show up to testify against you

Hmmm... That's something to check into. I live about 900 miles away though. I doubt they would move it that far. hehe.

I'm going to call the clerk of courts monday and see if they could possibly send me the written code/ law, so I actually know what it is. I found the NJ law for "improper passing" and it was nothing like the situation. It was stuff like passing on a birm, passing on a double yellow line, etc.... Things that are pretty serious traffic offenses.

If I do end up just pleading guilty does anyone know if there will be points put on my license? Which I'm assuming will raise my insurance and all of that good stuff. Since I'm out of state im not really sure what will happen.

[Keeper]

Remember Monday is President's Day and gov't offices are closed.

[gthomas75]

Remember Monday is President's Day and gov't offices are closed.

Haha. Thanks, I didn't think of that. Maybe tuesday then. lol.