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I was under the impression that if the officer doesn't show up in court, the ticket automatically gets dropped, no ifs ands or buts about it.
Not in NC?
The police report qualifies as trestimony. If nothing gets brought up that would not be covered in the police report, and nothing is brought up to impeach the validity of the report, in other words - if there's nothing to show that the report isn't complete and factual - then the report stands and the case may not be dropped.
I would hire a lawyer. I'm not sure the difference in price (lawyer fee versus hassle of going to court and the punishment-financial or 8 hours of traffic school), but the lawyer probably could get it reduced or dropped.
As much as I despise petty lawyers, I agree. The local courts here are VERY backward and traffic court is a real money machine for the local ambulance-chasers and their inferior court cronies. You probably received several (hundreds? ;-) of letters after your citation. Just pick one at random, sign the binder, and tell the idiot to file a... ready for this... "prayer for judgement" LMFAO pay your $150 in grease and move on.
As much as I despise petty lawyers, I agree. The local courts here are VERY backward and traffic court is a real money machine for the local ambulance-chasers and their inferior court cronies. You probably received several (hundreds? ;-) of letters after your citation. Just pick one at random, sign the binder, and tell the idiot to file a... ready for this... "prayer for judgement" LMFAO pay your $150 in grease and move on.
Do NOT pay a lawyer to get you a PJC. You can do that yourself. Depending on your driving record in the last 3 years, you might get the DA to drop this to a non-moving violation, especially if you bring the MD note and a copy of your driving record. If you're denied, ask for a continuance to hire an attorney, or request a PJC. If your record's clean, I'd try to get it reduced first before taking the PJC. You might want to save that one.
Was this on 40? Or 147? You were only a hundred yards from the exit?? 100 yards? That's ridiculous. I'd take pictures too.
Do NOT pay a lawyer to get you a PJC. You can do that yourself. Depending on your driving record in the last 3 years, you might get the DA to drop this to a non-moving violation, especially if you bring the MD note and a copy of your driving record. If you're denied, ask for a continuance to hire an attorney, or request a PJC. If your record's clean, I'd try to get it reduced first before taking the PJC. You might want to save that one.
Was this on 40? Or 147? You were only a hundred yards from the exit?? 100 yards? That's ridiculous. I'd take pictures too.
What are the stats for defendent's successfully pleading their own PJC ("Prayer for Judgment Continued... geez I just love that, something out of the 18th century LMAO? My guess... if you have a Yankee accent: 0%. A local ole boy who went to school with da judge: 100%!
What are the stats for defendent's successfully pleading their own PJC ("Prayer for Judgment Continued... geez I just love that, something out of the 18th century LMAO? My guess... if you have a Yankee accent: 0%. A local ole boy who went to school with da judge: 100%!
You were only a hundred yards from the exit?? 100 yards? That's ridiculous. I'd take pictures too.
No, it's not ridiculous. Laws are in place for a reason and shouldn't be bent "just because she was close". If it was an emergency a call to 911 should have been placed. There is no halfway to an emergency.
No, it's not ridiculous. Laws are in place for a reason and shouldn't be bent "just because she was close". If it was an emergency a call to 911 should have been placed. There is no halfway to an emergency.
Laws ARE in place for a reason and get bent everyday in the name of politics, power and money. And YES, there is some subjective aspect of emergency. I came home one day and my house had been broke into so I called 911. I thought it was an emergency. They told me to call someone else. Well I didn't even have that number.
That is strange that a cop would do that. I drove my pregnant wife, in labor, to the delivery room, and got pulled over. Guess what. Got a police escort in a heavy traffic and went to the hospital in half the time during the heavy traffic hours (and heavy traffic hours in boston is exactly that not that 12 mins on the highway here, about 45 mins to an hour drive time to where we were going). Guess you met a bad one or he was having a bad day. Normally they are sympathetic when you reason with them. (Not to accuse, but by chance have you had had too many tickets in the past for aggressive driving/ speeding,etc?)
Quote:
Originally Posted by btu168
I just got a ticket for improper passing. I was travelling from my home to hospital to evaluate my son's intestinal bleeding to Duke urgent care. The traffic was very heavy and I was really wanted to rush to bring my son to doctor. I drove on the shoulder of the highway so that I may exit from the neares exit a houndred yard ahead. The police stopped me and gave me a ticket for improper passing. I explained to him that I need to rush my son to urgent care, but he just wanted my driver's licence and registration. And 15 min later, gave me a ticket and let me go.
I have asked the doctor's note so that I may present to court. Since urgent care is not emergency room, I worried that I may not get rid of the ticket. Can any body give me some advise on goint to the court? I really worried that in the court the police will say that he did not hear my explanation, since he stopped a lot of cars at that moment and did not respond to any of my explanation.
BTU, so sorry to hear about your child. Considering the situation, I doubt you would have driven on the shoulder had it not been as serious of a case as you indicated. The officers I knew back in CA would have escorted you to the hospital (like some of the accounts of officers doing the same here) if not to make certain that you were telling the truth. However, they are sworn in to protect and serve. And though the officer may be justified, on paper, for citing you, the officer could have done more to see to it your child was placed in proper care, first and foremost, and then, later, cite you if the officer saw it was fit.
Ultimately, it's all heresay until you prove your case. A doctor's note will help justify your reasons, even though the state may simply want to collect their money and not interpret the case any other way. I don't know how brutal the courts are at handling cases. Personally, I don't think what you did was incredibly dangerous providing that you were driving cautiously while you exited the freeway. There are reasons that shoulders are created, btw. Good luck with the case.
Oh, and lastly, if you felt that the officer treated you with any disrespect, or simply did not abide by any oath they have sworn to abide, definitely file a complaint. Lately, I've only been writing positive reviews and notes about officers in my local community of Durham... but if I felt an officer was not doing their job, I would certainly write a complaint or negative review of their performance. Make sure you demand a reply to that note.
Anyway, with proof of visiting the Urgent Care ward, the judge may let you off. Let's hope you have a clean record and an affable personality too. Does NC have traffic school, btw? That would be a great way to ease any pain of this going on your record.
Again, good luck. And I hope your son is doing well.
I need a little help here I drive a shuttle bus that transports people to downtown to meet the city bus to get people to work. The other morning like every morning I approach a stop sign where I have to take a right some times there are cars on the left waiting to turn left some times they leave enough room to pull up and I can take my right after I stop. Well this time after i took my right I got a ticket for improper passing on the right I really dont get it. I have 20 30 pictures of 2 cars at the stop sign waiting to turn in either direction. there is room for two cars. This is crazy to get a ticket like this and 4 points on my CDL. Help!
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