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02-19-2009, 09:57 AM
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Changing the world, one life at a time. HART
Status:
"I would rather be tried by 12 than carried by 6"
(set 4 days ago)
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Join Date: Mar 2006
Location: In the vet's office, spaying or neutering something!
2,045 posts, read 1,217,668 times
Reputation: 1520
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Nashville traffic court - anyone familiar?
I got pulled over in the HOV lane a couple days ago on my way home from work. I'm never on the road that early but had to be back very early to help walk a new manager through proper procedures to discipline an employee. So I was sent home early, and on the phone with hubby not thinking at all, the unmarked patrol car (yes, I knew that's what it was) in front of me was poking along at 10 MPH under the speed limit, bogging up traffic, so I went around her. In the HOV lane.  Completely forgot that I'd left work early and wasn't supposed to be in that lane.
Now, I know I'm at fault. But I really hate the HOV lane thing to begin with. It just ticks me off. I work 2 hours away from home and like that day, my schedule can change within the day. I can't carpool so it ticks me off that I'm being punished for that. And it ticks me off that other idiots can't get out of the passing lane when they want to poke along. And it really ticks me off that a deputy or police officer was one of the ones doing it. Kind of wonder if she did it on purpose to get someone to pass her, thinking they wouldn't notice she was an unmarked unit.
Anyway, the ticket she wrote me - another thing that ticks me off since I've had a spotless record for over 20 years now - is totally messed up. My name is wrong, the date is wrong, etc. I have no clue what in the world she was doing when she wrote it. Other than not paying attention.
So, my question is, based on the fact that the ticket is totally messed up, can I get that thrown out in court if I fight it? I worked law enforcement in Florida and if we messed up any part of the ticket and someone fought it, it was immediately tossed out, no questions asked. Just wondering if it works the same way here.
Yes, I know, I'm guilty I should pay the fire, but I'm bitter about the whole thing for the reason mentioned and if I can get out of it, that's what I'd like to do. Nope, not fair, but it's how I feel.
So, any idea?
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02-19-2009, 09:05 PM
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Senior Member
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Join Date: Aug 2007
236 posts, read 169,914 times
Reputation: 26
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I have no clue..But we had someone do that to my us here in WH ....the officer wrote the wrong date (or it looked like it, could tell waht it is) I would call and talk to someone...becuase they may get on to you for missing your court date.Im sure since you have had a spotless record you will just have to go to driving school...
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11-12-2009, 08:04 PM
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Junior Member
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Join Date: Nov 2009
Reputation: 10
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'What you are talking about sounds v. similar to other occurances of some months ago. You were being 'baited' to pass the other vehicle. If right was to prevail, they would have been responsible for driving at a rate not sensible to traffic flow. But these sort of scams are going on everywhere. They are NOT LEGITIMATE; and you have to organize with others to protest them. You've done what's right to post on this msg board. But you could also write to the editor of the Nashville City Paper, a certain Mr. C. Brewer. And then even consider writing to the city's attorney. They are an indication of INCOMPETENCE that has to be addressed from the Traffic Control Division side. You're being punitively told to finance similar, unless you organize enough others to get the regulation re-written. The whole system could go on doing that to you forever; unless you get righteous enough. You could commence a tort - a sort of small-claim - with them. Then possibly they'll get being so zealous and get fixing the condition instead of merely collecting money from you,. . and others similar to yourself.'
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11-18-2009, 12:07 AM
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Senior Member
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Join Date: May 2007
Location: Nashville, TN
2,616 posts, read 1,861,601 times
Reputation: 356
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Quote:
Originally Posted by bran_smith
I have no clue..But we had someone do that to my us here in WH ....the officer wrote the wrong date (or it looked like it, could tell waht it is) I would call and talk to someone...becuase they may get on to you for missing your court date.Im sure since you have had a spotless record you will just have to go to driving school...
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Driving School for a 1st time offender is on line.
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11-18-2009, 12:43 PM
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Senior Member
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Join Date: Jan 2009
112 posts, read 28,531 times
Reputation: 33
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From my ONE interaction with traffic court, they probably will not care the date, etc are wrong, however I could be being overly pessimistic.
If you go to traffic school, nothing shows up on your record nor are points taken off your record.
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11-18-2009, 01:33 PM
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Senior Member
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Join Date: Oct 2009
194 posts, read 37,723 times
Reputation: 66
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Quote:
Originally Posted by mrs1885
So, my question is, based on the fact that the ticket is totally messed up, can I get that thrown out in court if I fight it? I worked law enforcement in Florida and if we messed up any part of the ticket and someone fought it, it was immediately tossed out, no questions asked. Just wondering if it works the same way here.
So, any idea?
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Yes, first plead guilty, and, then fight it. In other words, "Guilty your honor, but I was set up (something to that nature)!" The judge should be intrigued and ask you why you think that. Don't go into the part about you hating HOV lanes. We all hate them unless we can use them!
DO explain that you were in the left lane and the cop was PURPOSELY holding up traffic in the passing lane driving 10mph under the speed limit. Tell the judge you had no intention of staying in the HOV lane only passing an inconsiderate driver that was creating a DANGEROUS SITUATION by traveling slower in the passing lane. See where I'm going with this? Put the blame back on the cop for CREATING this situation.
9 times out of 10, if you explain why this happened and the Judge finds out the cop created the situation, you tell the truth and admit you were guilty, they'll toss it. As for things being wrong on the ticket, nicely point them out.
I had to go several times to traffic court (in my younger days) and always plead guilty and the ticket was dismissed. And, your record is not "all messed up." You have 12 points on your driving record per calendar year. I think a ticket only knocks off 2pts.
Let us know how it turns out.
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11-18-2009, 10:57 PM
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Senior Member
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Join Date: Oct 2009
194 posts, read 37,723 times
Reputation: 66
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Quote:
Originally Posted by sierramadre44
I had to go several times to traffic court (in my younger days) and always plead guilty and the ticket was dismissed.
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Just had another thought on this: A co-worker of mine got a traffic ticket when she first relocated to Nashville. She was upset and angry about getting the ticket. I told her it was no big deal "just go in there, plead guilty, and it would probably be dismissed" because it was a first offense. She didn't listen, copped an attitude and went to court. Yeah, she got slammed. It is all in the approach. 
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