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Started by Mohit K Goyal
Mon, 25 Apr 1994 05:18
ticket
Author: Mohit K Goyal
Date: Mon, 25 Apr 1994 05:18
Date: Mon, 25 Apr 1994 05:18
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Hello. I just received a ticket for making a u-turn at a no u-turn intersection. The intersection is Collins & Campbell in Richardson. I was on Collins facing south. (ie-was north of Campbell) I was waiting at the intersection, 1st in line, no one behind me, and a cop passed me going west on campbell. About 7 seconds later the light turned green, and I made the u as soon as it turned green. I then drove a little ways on Collins and turned right into one of the office complex's were I was meeting some friends to work. Anyways, the cop pulls up and gets out and says that I ran the red and I made a u at a no u interesection. he said he saw me turn around while his light was green. (in his rearview mirror I assume) I then promised/assured him that I went on a green and that a truck on the other side of the intersection also went when I did, when the light turned green, but I did go as soon as it turned green. He looked at me a bit, and said, 'well you still took an illegal u' I didn't recall seeing any sign, and asked him if there was any way I could just get a warning. he said no. (i'm somewhat afraid of cops, so I tend to be extremely passive and polite around them) Anyways, after I got the ticket I went back to the intersection and there was no sign indicating no u-turn. The other three 'sides' of the intersection *do* have no u-turn signs, so I'm assuming now that the one facing the north side of Collins is simply missing. Ok! Ok! I'll get to the point! :) What do I do know? Is there some law that says I should have known not to take a u? Should I take a picture of the intersection? Basically, I'm wondering if I have any hope of contesting this or not. Thanks for listening!!
Re: ticket
Author: Frank L. Sherwood
Date: Mon, 25 Apr 1994 14:43
Date: Mon, 25 Apr 1994 14:43
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Disclaimer - I'm not a lawyer (thank God!). I'm only speaking from my personal experience. In article <2pfjr0$8mo@news.utdallas.edu> goyal@utdallas.edu (Mohit K Goyal) writes: >I just received a ticket for making a u-turn at a no u-turn >intersection. >Anyways, after I got the ticket I went back to the intersection and >there was no sign indicating no u-turn. The other three 'sides' of >the intersection *do* have no u-turn signs, so I'm assuming now that >the one facing the north side of Collins is simply missing. >What do I do know? Is there some law that says I should have known >not to take a u? Should I take a picture of the intersection? >Basically, I'm wondering if I have any hope of contesting this or not. Yes I'd go immediately and take a =good= =clear= picture of the intersection, preferrably including street signs to identify the location. Do it before they replace the sign. Perhaps even bring another credible witness with you who would be willing to go to court with you and testify if needed. Then take the ticket to the appropriate court indicated on it and enter it for a not-guilty plea. DO NOT WAIT PAST THE DEADLINE! You immediately lose lots of credibility if you can't follow the rules. If you don't file the ticket plea on time, your only hope is one of the ticket-fixer lawyers - shell out your money and be prepared to pay a hefty probation fee (over $100 usually) to keep the ticket off your driving record. Richardson is small enough this may not apply, but in many cities the cops are too busy to appear to testify at court cases. If the cop doesn't appear for your hearing, most judges dismiss the case on the spot. They must appear and testify if you are contesting. And don't let some lame third assistant city prosecutor take you outside and scare-talk you into a plea bargain either. Don't settle for less than complete acquittal. I had a Dallas prosecutor try that routine on me - the cop still never appeared and my case was dismissed. Even if the officer does appear (maybe more likely in Richardson), you have a clear case and photographic evidence to back you up. If your intersection was not posted "No U-Turn" for the direction you were travelling, then I don't see how you could lose. Unless you happen to get some "hanging judge" with an axe to grind, you really shouldn't have any problem. Even if the cop lies and says the sign =was= there, the judicial system is supposed to presume credibility for your testimony just as his. Traffic citations technically are under criminal law, so the standard for conviction must be "guilty beyond a reasonable doubt". The most your testimony must do is create a credible "reasonable doubt". Even if they think you =might= be lying, they are legally obligated to accept it unless they can substantially disprove you. If it gets down to a flat-out lying match with the police officer, then it all depends on who the judge wants to believe. Don't come into court looking or acting like a low-life. Look credible, act credible, and =be= credible. I suspect from your name and your domain address that you're a student and of foreign (Arab maybe?) descent. Reality is this =could= work against you, even though it ideally shouldn't. I'd give some thought (not paranoia, but just realistic preparation) to any tendencies you might have to hook into prejudice on the part of white male authority figures. Don't go in with an attitude. Don't try to hide it, but also don't =flaunt= your ethnicity. Given what you said about tending to be "passive" around policemen, you're probably pretty OK in this department. "Polite" would definitely be helpful, though you can stand to be a bit assertive of the truth. Does UTD make a university lawyer/ombudsman available to students? If so it could be helpful to talk to him/her for advice before your court appearance. Good luck! Provided the facts are as you stated them, you should prevail. The system's not perfect, but it does achieve something close to justice most of the time. ----------------------------------------------------------- Frank L. Sherwood, Computer Support Coordinator Neeley School of Business Texas Christian University sherwood@zeta.is.tcu.edu or sherwood@gamma.is.tcu.edu -----------------------------------------------------------
Re: ticket
Author: Robert King
Date: Mon, 25 Apr 1994 17:25
Date: Mon, 25 Apr 1994 17:25
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In article <2pfjr0$8mo@news.utdallas.edu> Mohit K Goyal, goyal@utdallas.edu writes: >Anyways, after I got the ticket I went back to the intersection and >there was no sign indicating no u-turn. The other three 'sides' of >the intersection *do* have no u-turn signs, so I'm assuming now that >the one facing the north side of Collins is simply missing. > >Ok! Ok! I'll get to the point! :) > >What do I do know? Is there some law that says I should have known >not to take a u? Should I take a picture of the intersection? >Basically, I'm wondering if I have any hope of contesting this or not. I'd fight it. First, take photographs of the intersection as soon as possible. It may be helpful to have yourself in the photo with that day's copy of the newspaper so the data of the photo is documented (or take a notary with you.) Second, call a lawyer. I've had good luck with John L. Corn (despite the hokey ads.) I think his fee is somthing like $45. Good luck. Richardson cops can be real bastards. +-----------------------------------------------------------------------+ | Robert A. King | | | Systems Software Engineer | | | Kodak Health Imaging Systems | "I drank WHAT?!?" -- Socrates | | | | | king@khis.com | | +-----------------------------------------------------------------------+ | The opinions expressed here arn't even mine, much less my employer's! | +-----------------------------------------------------------------------+
Re: ticket
Author: Albert Law
Date: Mon, 25 Apr 1994 20:55
Date: Mon, 25 Apr 1994 20:55
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In article <2pfjr0$8mo@news.utdallas.edu>, goyal@utdallas.edu (Mohit K Goyal) writes:
|>
|> What do I do know? Is there some law that says I should have known
|> not to take a u? Should I take a picture of the intersection?
|> Basically, I'm wondering if I have any hope of contesting this or not.
|>
The ticket SHOULD state the law that the officer is accusing you of
violating. Your local public library should provide you with access
to the local laws. Look it up and see if the law requires a sign (many do).
A good lawyer may also be of help. Good luck.
--
Albert Law | These are personal opinions. They may or may not
| coincide with the opinions of my employer. If you
| need to know BNR's opinions, ask them - not me.
Re: ticket
Author: Chris McKeown
Date: Mon, 25 Apr 1994 21:57
Date: Mon, 25 Apr 1994 21:57
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>Hello. >I just received a ticket for making a u-turn at a no u-turn >intersection. lots of stuff deleted .... >What do I do know? Is there some law that says I should have known >not to take a u? Should I take a picture of the intersection? >Basically, I'm wondering if I have any hope of contesting this or not. >Thanks for listening!! Two words : Lawyer and Photographs. I suspect you have a good chance. Good luck and let us know how it goes. p.s. I drive that intersection every day - I will watch for him ! Chris McKeown, Process Automation Center, Texas Instruments Inc.
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