Here's what happend

I live in new jersey and last august a week before i bought my 99 maxima i went up to Bayonne where they have drag racing near this seaport.That day i took my beat up 92 elantra up there and basically what happend was the cops pulled up at the parking lot which is about a half mile long and started giving everyone tickets .What most of the people did was we stayed in our cars hoping the cops would just come up the parking lot telling everyone to get out.They did do that but the think was as people was leaving they blocked off the lot and gave everyone tickets. So basically i got a ticket for racing on the highway( driving a 92 beat up elantra) while my boy who was in front of me with a modified civic got a encouraging racing ticket.My ticket is 5 points his was just a fine.
My court date is in 3 weeks i'm going to try and fight this thing.Has anyone ever try and fight this violation and actually got the 5 points off

 

Ouch. I'm sorry to hear man. 5 points will land you in the no driving zone basically. Good luck fighting it.

 

So you were just sitting in the parking lot and watching, right? You got hassled by the cops. Try to bring a friend who was there also as a witness. It should be thrown out. If you're lucky, everyone's case was scheduled for the same day and the judge will already know about the BS tickets that were given, and dismiss them all.

 

A cop can't givey ou a ticket for racing when he never saw you move.

That'll be thrown out, definately.

Call a lawyer and get the cops suspended without pay.

That's what I did in a similar circumstance.

 

5 points?!!!!! - SAY NO TO RICE!

 

I agree, you cannot get a ticket for racing when you where never clocked and told how fats you were going. If it really where you more than likely would have been arrested, charged with reckless driving and lost your car. It will be thrown out, was it a Jersey State Trooper by any chance?

 

hehe you said "fats"

i agree, dumb cop...

 

Well if its your 1st ticket from a year to date of this ticket you got... I am sure you can go to defensive driving class and pass it and they will wave your fine. Just make sure you go to court and let them know that you are wanting to take the class. More then anything.... the state you live in does not pass that law. I am in Texas and they let us take the class only once a year,, and within that year if U get an 2nd speed/ traffic violation ticket you will be fined for that one!!

Good luck!!

 

hey a new texas boy, and even in austin, welcome, come to the midwest/texas forum and tell us who you are, what your car looks like, etc, good chance one of us has seen your car b4

 

Yeah .......

The cop was being a jerk when he walked up to the car to get my license and registration i looked at him and he was like WHAT are u looking at .I guess he was trying to scare me or something........anywayz i'm hoping they drop the case because i'm already getting pimped by my insurance company (3600 year for full coverage on a 99 maxima with 20,775 )I can only imagine how high it will be if this 5 points don't come off.........

 

I just read your original post again to be absolutely sure.

Just do it this way:

Make sure the officer is asked to come to the court for your hearing. 50% of the time they don't show up, and the ticket gets thrown out anyway.

If the cop DOES show up, put him on the stand and do this:

You - Officer, you gave me a ticket for Racing on the Freeway, correct?
Officer:Yes.
You - Was I on the freeway when you saw me? Please answer Yes or No.
Officer:No.
You - No further questions.
Judge: Case dismissed.

 

But the POINT is that he WASN'T ON THE FREEWAY.

There's no way a judge is going to prosecute for a ticket for something he never did.

He wasn't even moving. You can't get a ticket for Highway Racing if you're not moving. Period. Whether it was the State Patrol or the Canadian Mounties.

He doesn't really need a lawyer. He just needs to call one and get some legal advice. This'll never fly in court.

 

Yep MaxiPad96 is correct if you try to fight out with the cop the judge is gonna agree with the officer over ya,,, and if you are young,, they will smack you with the ticket fine no matter what. Check if you can take a defensive drive class, but if not run a plea bargin. I had to do that one time. A cop says I was speedin at 65 in a 35 and I went to court and plea bargin'd and payed an 60.00 fee and 1 month probation. Just pray and act professional when the court time comes. More then likely when you talk to the judge,,, tell em that this is your 1st ticket ever and make sure you tell them you were not racin and just tryin to get home ASAP,.,,, b/c you had a family emergency . you might just pull out and not get 5 point of ya licenses,, good luck!!


Shift/



Oh as for RedMax95 ,,, I am in the process of gettin my 98 MAX. So no1 has seen my MAX yet .

but if you ever been to circuit city I owned an 1992 Prelude S w/ 3" drop with 17" corsicas wrapped with 45's Dunlops. nottin major to the ride,, just pimpin like ya say it. But I will post up soon as possiabbale once I get more $$$ flow to hook up the MAX... just gotta get my research done for it. Payin labor sucks... so I do everything myself.. or at least I try my best for my own mod installation. Hit me up with an IM if you ever wanna hook up or if there is a MAX car club in Austin area>.>

Peace Out!
Shift

 

You are missing the whole point. Ians is saying the officer would have to LIE IN A COURT OF LAW IN WHICH HE IS SWORN TO TELL THE TRUTH in order to support his case. How could the officer give him a ticket when he wasn't on the freeway? Thus the dismissal verdict. Actually there is about 10 questions he could ask that would give the same result but Ians, just gave the best one.

He could also ask, "how could you have given me a ticket on the freeway when I have sworn affidavites saying you were giving out tickets in a parking lot at the time?" = Dismissal

 

True!!! You have to be pulled over and caught in the act to get a moving violation. You have to be pulled over. If you were parked, you weren't moving.

 

Who needs lawyers when you've got the Maxima Forum

 

Plenty of free legal consultation here huh?

SuDZ

 

It is New Jersey and police can do anything they want because here everything is illegal.

 

Geez. Grab 1-2 witnesses and suponea 1-2 cops. Ask point blank "how could you give me a ticket on the freeway at XXX time, when I have 4 witnesses saying you were giving tickets to others in a PARKING LOT?

HOW IN THE LIVING HELL COULD AN OFFICER BEAT THAT? Did he give all the kids the exact same ticket for racing on the freeway?!?! Does it say "on the freeway on the ticket"???????

Or just compare tickets w/ someone else. ie.. how can the officer give two tickets within 3 minutes of each other. One that says "in parking lot" and the other "on the freeway"??

Geez!

 

That's also true.

 

You are also right. Some cops are just plain stupid.

 

cool, ya i went there back when i still had hubs and stock height, we moved around to about 5 different places after that and we still dont have a permanent spot, ill let ya know bout anything we, weve got bunch of guys with some know-how around, and we may have a mini meet at my house to install my cai, watch the texs forum, ill keep yall posted

 

Not really i,ve been 11 times and only found guilty 1 time out of the 11. I never hired an attorney, so it all depends on many circumstances. The ticket i was guilty for was a speeding ticket on a local street, so im living proff that attorneys are not mandatory for everything.

 

I walked into traffic court in the state of R.I. one day with what should have been an open and shut case (with facts similar to the one's described here) relating to a motorcycle offense.

What did I learn? COPS ARE HUMAN BEINGS LIKE ANY OTHERS AND ARE NOT ABOVE LYING TO MAKE A CASE. This is not true for all cops, but for SOME cops, it is standard operating procedure.

My cop told two lies, which I countered with the true version of events, in effect, telling the judge that the cop lied.

Who's story do you think the judge accepted as fact? RIIIIGHT. -The COP's. The judge fined me and said "THE WITNESS IS NOT CREDIBLE. . ."

(I'm not credible?!! I'M not credible?!! What about the chump over there in the blue uniform with the smirk on his face who just lied his *** off?!!!) (my thoughts - not my words, btw).

When all was said & done, I ended up hiring a lawyer AFTER the first court appearance and got the charges and fines dropped after much legal wrangling and expense to me.

My advice: never walk into a court of law with a chip on your shoulder like you've got the thing in the bag. This will not help matters. (You're already swimming upstream with "guilt by association" if street-racing is the topic at hand - don't make it worse).

Be sure to write down a record of events relating to the incident from A-Z (for your own reference). Be sure to include times, distances, facts, as this will sharpen the details in your own mind and better prepare you to answer questions when you're making your case).

If you're sharp, you can appear on your own. If you're at all unsure of yourself in a high-pressure public speaking situation, you might be wise to consider getting an attorney, especially considering the stakes. Have you calculated what 5 points will do to your insurance? Yikes.

Also, certain offenses are eligible for traffic school, certain are not - you better find out which category yours falls into before your court date.

If a cop lies to discredit you, there's not a whole lot you can do on the spot. I can tell you that as a naive, idealistic 19 yr. old, many, many years ago, that that was the last thing I was prepared for in my first court appearance (and it was my undoing). I was shocked that a COP would lie under oath. It completely changed the rules and has given me the attitude that (many) cops are a neccessary evil, because of the way society is. I'm a law abiding citizen (ok, except for speeding), live my life honorably and do right by my fellow man, so I don't need 'em poking at me, as far as I'm concerned. Sadly, that incident shaped my perception of law enforcement in a negative way. (And I say this as a person who has a good friend that is a cop).

Again, they're not all bad, but for the ones that are, I say:
PHUK THE FACISTS. QUESTION AUTHORITY! (Bring the bad ones DOWN just like Rampart Division/Los Angeles)

(They have a difficult job, I'm the first to admit, but too many cops think that the badge gives them special priviledge to strip you of your rights. I say B.S!)

Good luck to you all.

 

KWheelzSB


I feel for you bro. It's sad the cop had to lie. But what I'm trying to get this person to do is make the officer reply so that it's not just his word against yours. If that's the case then I agree with you. The judge will side with the officer.

But if get him to admit to writing a ticket in a parking lot at the same time as writing a ticket on the freeway, it's no longer a case of your word against his. It's now a case of conflicting evidence which should raise enough reasonable doubt to drop the ticket.

 

Gotchya. I agree with that. That's essentially what happened in my case. Unfortunately in my case, the cop chose details that could only be "my word against his," & could not be disproven. After closer review of the evidence however, my attorney found other conflicts that got it tossed - we never even had to deal with the officer's mis-statements at all. (All's well that ends well. . .)

 

You say that you have 35% Tint.....it looks darker than that. You sure it is 35%? Anyway how much did id cost you?

 

It's 35%. That's just a night shop with a flash. The picture came out REAL dark, so I lightened it with Photoshop, that's all. Since the tint was jet black because of the dark picture, it did not lighten when I lightened the rest of the photo.

I got it for $120 intalled by the Tint shop that does all of the Seattle dealerships. My salesperson hooked me up. not one bubble anywhere, and a 5 year warranty.

 

You think 35% on my white Max would be dark enough? Or should I go lower?

 

I only went 35% because I live in WA State, and the cops here pull people over for that stuff constantly. last summer I know at least 2 people in the NW forum got tickets just for that.

But if I had a choice, I would have gone 20%.

 

Welcome to NJ... I am paying 2100 on my 99SE and I have over 160k miles on it. NJ Insurance sux.