Wtf? Careless driving?
10-27-2008, 02:00 PM
#51
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I don't think you understand the situation... after exiting the ramp I had slowed down significantly but I was probably still going a little fast. There was someone who was basically still stopped at a green light about 50 yards in front of me with an empty lane next to them. I used my blinker to get around them and according to the cop I was still going "ridiculously fast" which is weird because he didn't radar me so he really can't do anything about it, and according to the officer I got to close behind the person at the light when I changed lanes, which is apparently why he cited me for careless driving. He also said that person had honked at me, but I did not hear it. I even had my window down and the radio off. This is ticket is all hearsay by the cop.
10-27-2008, 02:21 PM
#53
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Zerotide,
This is how I see the incident:
You were in the acceleration lane, matching the speed of the traffic you were about to merge into.
You turned on your blinker, checked your blind spot by turning your head. When you looked back the car in front of you had stopped for no apparent reason.
To avoid 'rear ending' the car that had stopped, you went around it......
Sounds like you were fully in control of your vehicle and through your actions avoided an accident.
Fighting a traffic ticket is not easy, what you should do is postpone the court date. All that is required is a phone call to the county clerk, a good reason (trip/conference/etc) and you get re-scheduled. You can do this more than once, and the more postponements you can swing, the better. After a few months the cop won't fully remember the situation as he is out there writing tickets the whole time.
I'm about to go through this with an improper passing ticket - I get tickets on my bikes whenever I stop.....
Good luck,
A
This is how I see the incident:
You were in the acceleration lane, matching the speed of the traffic you were about to merge into.
You turned on your blinker, checked your blind spot by turning your head. When you looked back the car in front of you had stopped for no apparent reason.
To avoid 'rear ending' the car that had stopped, you went around it......
Sounds like you were fully in control of your vehicle and through your actions avoided an accident.
Fighting a traffic ticket is not easy, what you should do is postpone the court date. All that is required is a phone call to the county clerk, a good reason (trip/conference/etc) and you get re-scheduled. You can do this more than once, and the more postponements you can swing, the better. After a few months the cop won't fully remember the situation as he is out there writing tickets the whole time.
I'm about to go through this with an improper passing ticket - I get tickets on my bikes whenever I stop.....
Good luck,
A
10-27-2008, 03:47 PM
#55
Zerotide,
This is how I see the incident:
You were in the acceleration lane, matching the speed of the traffic you were about to merge into.
You turned on your blinker, checked your blind spot by turning your head. When you looked back the car in front of you had stopped for no apparent reason.
To avoid 'rear ending' the car that had stopped, you went around it......
Sounds like you were fully in control of your vehicle and through your actions avoided an accident.
Fighting a traffic ticket is not easy, what you should do is postpone the court date. All that is required is a phone call to the county clerk, a good reason (trip/conference/etc) and you get re-scheduled. You can do this more than once, and the more postponements you can swing, the better. After a few months the cop won't fully remember the situation as he is out there writing tickets the whole time.
I'm about to go through this with an improper passing ticket - I get tickets on my bikes whenever I stop.....
Good luck,
A
This is how I see the incident:
You were in the acceleration lane, matching the speed of the traffic you were about to merge into.
You turned on your blinker, checked your blind spot by turning your head. When you looked back the car in front of you had stopped for no apparent reason.
To avoid 'rear ending' the car that had stopped, you went around it......
Sounds like you were fully in control of your vehicle and through your actions avoided an accident.
Fighting a traffic ticket is not easy, what you should do is postpone the court date. All that is required is a phone call to the county clerk, a good reason (trip/conference/etc) and you get re-scheduled. You can do this more than once, and the more postponements you can swing, the better. After a few months the cop won't fully remember the situation as he is out there writing tickets the whole time.
I'm about to go through this with an improper passing ticket - I get tickets on my bikes whenever I stop.....
Good luck,
A
10-27-2008, 05:56 PM
#56
Huge hole is huge
It's obvious the cop was just being a dickhole...wife/husband probably got in a fight with them, needed to take out the anger.
You'll take this into court, you'll win, gg.
You'll take this into court, you'll win, gg.
10-27-2008, 05:57 PM
#57
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10-27-2008, 05:57 PM
#58
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I once beat a careless driving ticket. I was trying to go through a yellow light when I spotted a cop. I hit my brakes and my car (a buick delta 88) slid to a stop a little crooked, but within the lines before the light. I told the judge that exact thing and said I was fully in control of the car and the ticket was dismissed.
If the cop didn't ticket you for speed, then he can't say you were speeding - so his 'if you were going slower' argument is not backed up by any proof (a ticket in this case).
If the cop didn't ticket you for speed, then he can't say you were speeding - so his 'if you were going slower' argument is not backed up by any proof (a ticket in this case).
Last edited by swiftnet; 10-27-2008 at 06:01 PM. Reason: Adding a comment
10-27-2008, 05:59 PM
#59
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10-27-2008, 06:03 PM
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You do understand that a careless driving citation in just about every states consists of 3 or more moving violations at one time, right?
10-27-2008, 06:28 PM
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I'm surprised no one has suggested this yet, have you considered pleading not guilty?
Was this a bike cop, highway patrol, or city cop?
Makes a big difference as far as their likelihood of showing up in court...
No radar on the citation helps your situation.
No prior convictions is helpful too.
Did you do anything that would make yourself memorable to the cop?
He may be writing an average of a dozen citations a day.
He probably doesn't/can't appear for all of them.
My guess is you have a chance (possibly a good one) of having the case dismissed.
You should weigh your options and consider a not guilty plea as one of them.
Was this a bike cop, highway patrol, or city cop?
Makes a big difference as far as their likelihood of showing up in court...
No radar on the citation helps your situation.
No prior convictions is helpful too.
Did you do anything that would make yourself memorable to the cop?
He may be writing an average of a dozen citations a day.
He probably doesn't/can't appear for all of them.
My guess is you have a chance (possibly a good one) of having the case dismissed.
You should weigh your options and consider a not guilty plea as one of them.
10-27-2008, 06:28 PM
#62
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wait... you were too close behind him when you passed him so he honked? as in, you cut off a cop? umm, that was a bad move. in that case, you may have some trouble in court because that is putting others in danger, which can result in a reckless driving ticket.
10-27-2008, 06:42 PM
#64
To police, I thought that was reckless driving. Careless driving in Nebraska is defined as
"Any person who drives any motor vehicle in this state carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving."
So basically anything can get you this. Speeding is driving without due caution right? It's kinda bogus they even go on later in the document to state: "This law is not unconstitutionally vague."
and no I didn't cut off a cop. He was some distance behind me then I think he booked it to catch up with me.
"Any person who drives any motor vehicle in this state carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving."
So basically anything can get you this. Speeding is driving without due caution right? It's kinda bogus they even go on later in the document to state: "This law is not unconstitutionally vague."
and no I didn't cut off a cop. He was some distance behind me then I think he booked it to catch up with me.
Last edited by Zerotide; 10-27-2008 at 06:45 PM.
10-28-2008, 11:31 AM
#65
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After coming back to read this thread I'm glad to see that not everyone replying is some kind of self righteous tool.
I also say to plead Not Guilty!!!
I'm still a little confused about the speeding, was it a white or yellow sign? But anyways, the cop gave you a careless ticket, not a speeding ticket. And you were not driving in an unsafe way or outside you or your cars ability (I wasn't there, but you seem very clear headed about this fact).
Remember it's the careless driving that your pleading not guilty to. Stay calm and clear in court when explaining your case. You were the only one driving your car, you should have confidence (not cockiness) about explaining your actions. Also calmly state how it would not of been possible for someone to have been honking at you without you hearing anything at the time.
And what's with all the personal attacks here, time to start reporting offensive posts.
I also say to plead Not Guilty!!!
I'm still a little confused about the speeding, was it a white or yellow sign? But anyways, the cop gave you a careless ticket, not a speeding ticket. And you were not driving in an unsafe way or outside you or your cars ability (I wasn't there, but you seem very clear headed about this fact).
Remember it's the careless driving that your pleading not guilty to. Stay calm and clear in court when explaining your case. You were the only one driving your car, you should have confidence (not cockiness) about explaining your actions. Also calmly state how it would not of been possible for someone to have been honking at you without you hearing anything at the time.
And what's with all the personal attacks here, time to start reporting offensive posts.
10-28-2008, 11:49 AM
#66
Remember it's the careless driving that your pleading not guilty to. Stay calm and clear in court when explaining your case. You were the only one driving your car, you should have confidence (not cockiness) about explaining your actions. Also calmly state how it would not of been possible for someone to have been honking at you without you hearing anything at the time.
10-28-2008, 12:32 PM
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Here's a little tidbit; it had nothing to do with you passing the car.
Offramps and onramps do not have marked speed limits like other maintained roads. They're yellow for a reason. Rather than actual speed limits, they're 'advised speeds', just like the signs that warn you of upcoming intersections. It is this way because you can't really enforce a speed limit on a car that is slowing from highway speed to a surface road street. How would you regulate when they needed to be slowed down?
The way that they enforce offramp/onroad 'excessive speed' is with a careless driving ticket. If the officer has a reason to believe that you were operating your vehicle at a speed 'unsafe for conditions', they're within their legal right to cite you for careless driving.
You'll either be plea bargained down to obscured view / defective vehicle by agreeing to plead guilty, or you'll plead non-guilty and force the officer to demonstrate that from his expert opinion you were operating at excessive speed. I'd go with the former, because it'll be difficult for you to prove that you weren't operating at excessive speed.
EDIT: To clarify, I wasn't trying to imply that the burden of proof is on you, as it is rightly placed on the claimant(in this case, the city/state/municipality). That said, traffic court is strongly weighted against the accused, simply because there are usually only two individuals involved. In these cases, the decision rests strongly on the credibility and expertise of those involved, and a police officer is often considered an "expert" or "legal professional" by the court, depending on your location. This fact alone grants his/her legal claims more weight. Attempts have been made to erode the 'expert' status of officers, but it doesn't often succeed; e.g. claiming that the officer isn't certified to use a given manufacturer's speed ranging laser / radar or that they failed to calibrate it that day.
Ultimately, your best option is to plead guilty and accept a reduced sentence, or represent your self in court as a MATURE adult willing to obide the rules and procedures of a courtroom.
Offramps and onramps do not have marked speed limits like other maintained roads. They're yellow for a reason. Rather than actual speed limits, they're 'advised speeds', just like the signs that warn you of upcoming intersections. It is this way because you can't really enforce a speed limit on a car that is slowing from highway speed to a surface road street. How would you regulate when they needed to be slowed down?
The way that they enforce offramp/onroad 'excessive speed' is with a careless driving ticket. If the officer has a reason to believe that you were operating your vehicle at a speed 'unsafe for conditions', they're within their legal right to cite you for careless driving.
You'll either be plea bargained down to obscured view / defective vehicle by agreeing to plead guilty, or you'll plead non-guilty and force the officer to demonstrate that from his expert opinion you were operating at excessive speed. I'd go with the former, because it'll be difficult for you to prove that you weren't operating at excessive speed.
EDIT: To clarify, I wasn't trying to imply that the burden of proof is on you, as it is rightly placed on the claimant(in this case, the city/state/municipality). That said, traffic court is strongly weighted against the accused, simply because there are usually only two individuals involved. In these cases, the decision rests strongly on the credibility and expertise of those involved, and a police officer is often considered an "expert" or "legal professional" by the court, depending on your location. This fact alone grants his/her legal claims more weight. Attempts have been made to erode the 'expert' status of officers, but it doesn't often succeed; e.g. claiming that the officer isn't certified to use a given manufacturer's speed ranging laser / radar or that they failed to calibrate it that day.
Ultimately, your best option is to plead guilty and accept a reduced sentence, or represent your self in court as a MATURE adult willing to obide the rules and procedures of a courtroom.
Last edited by GTConversion; 10-28-2008 at 12:41 PM.
10-28-2008, 03:21 PM
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To police, I thought that was reckless driving. Careless driving in Nebraska is defined as
"Any person who drives any motor vehicle in this state carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving."
So basically anything can get you this. Speeding is driving without due caution right? It's kinda bogus they even go on later in the document to state: "This law is not unconstitutionally vague."
and no I didn't cut off a cop. He was some distance behind me then I think he booked it to catch up with me.
"Any person who drives any motor vehicle in this state carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving."
So basically anything can get you this. Speeding is driving without due caution right? It's kinda bogus they even go on later in the document to state: "This law is not unconstitutionally vague."
and no I didn't cut off a cop. He was some distance behind me then I think he booked it to catch up with me.
10-28-2008, 04:50 PM
#71
Thanks for all the helpful insight and suggestions. I am not expecting to get off the hook, I am just trying to get a reduced sentence to take traffic school so I can keep my record clean. I may also try prayer for justice continued or probation before judgment. I simply cannot afford an insurance hike. I have definitely learned my lesson.
and I went to the prosecutor's office yesterday with a copy of my clean driving record in hand with goal to simply state what happened and show him/her that I have a completely clear record and that I am not a habitual speeder/careless driver. Unfortunately they didn't have my ticket in yet so I couldn't talk to anyone. I got a call this morning saying it was in and I could come talk but I was in class all day. I'm going tomorrow I'll let everyone know how it goes.
and so I could help myself remember what happened I made this. Some people seemed a little confused too. Remember the officer saw me come off the ramp quite quickly but I had slowed down a bit by the time I was coming up to the intersection. I think he really wanted to get me for speeding.
and I went to the prosecutor's office yesterday with a copy of my clean driving record in hand with goal to simply state what happened and show him/her that I have a completely clear record and that I am not a habitual speeder/careless driver. Unfortunately they didn't have my ticket in yet so I couldn't talk to anyone. I got a call this morning saying it was in and I could come talk but I was in class all day. I'm going tomorrow I'll let everyone know how it goes.
and so I could help myself remember what happened I made this. Some people seemed a little confused too. Remember the officer saw me come off the ramp quite quickly but I had slowed down a bit by the time I was coming up to the intersection. I think he really wanted to get me for speeding.
Last edited by Zerotide; 10-28-2008 at 05:03 PM.
10-28-2008, 05:26 PM
#72
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i see....interesting diagram. officer prolly saw u outta the corner of his eye and knew he could nail you for something. althought i really doesnt make it look good when u juss cut around the slower car from his point of view so idk, if i were a cop i prolly wouldve pulled u over too imo. i think u might have to stick with the ticket. hopefully you get some kind of reduction. i dunno where ur from and how strict everything is, but in nj ive had a couple careless driving and insurance goes up a little bit, but nothing too crazy. well good luck anyway
10-28-2008, 05:32 PM
#73
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10-28-2008, 09:32 PM
#74
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what's done is done, all you can do is learn from it.
imo, don't fight it, unless you are SURE you will win, otherwise waste of time money, are you sure you can't take defensive driving to waive the ticket?
imo, don't fight it, unless you are SURE you will win, otherwise waste of time money, are you sure you can't take defensive driving to waive the ticket?