Wednesday, September 14, 2011

What are the chances of a Judge dismissing a case for no tail lights? ?

This is a two part question.



First, I was driving home the other night from purchasing a car from a private owner. I had inspected the car during the day time so I didn't think to check the rear tailights to make sure they were working. It took a while to finish the deal so I didn't leave his home till about 4pm and took about 2 hours to get home due to traffic etc.



I got pulled over while I was almost home and the state trooper told me I could bring a reciept showing it is fixed or pay the ticket. I showed him the bill of sale to prove I had JUST bought the car. He said he couldnt promise it would be dismissed if I brought in proof of fixing it however.



Can I win this case? I know negligence is not an excuse but considering the circumstances, I would think it would be dismissed.



Secondly,



How easy is it to change the court date and time? I'll be out of town that week so I need to reschedule.. does changing the court date hurt my chances of dismissal?What are the chances of a Judge dismissing a case for no tail lights? ?
The trooper was right. Show the receipt or any proof to the court that your taillights are working and the judge may reduce or dismiss the ticket. You may still have to pay court costs though. You don't have to wait until your court date. Call the court and set up a time you can meet with them and go to where they are and show them your receipt and or proof you have taken care of it.What are the chances of a Judge dismissing a case for no tail lights? ?
Very high....fix the tail light then take a picture of it and inform the judge that the police did not ticket you correctly. Make sure you change the date on the camera ;-)What are the chances of a Judge dismissing a case for no tail lights? ?
In California, you would have to find a peace officer, have him inspect the vehicle and sign-off the citation proving the light is working. Then take it to court and have it dismissed as a fix-it ticket after payment of a small fee.



You could win the case, particularly if officer a) does not show, b) shows without independent recollection of the incident and/or c) testifies but doesn't prove beyond a reasonable doubt that you are guilty of the offense.



It's not a moving violation so don't worry about points.What are the chances of a Judge dismissing a case for no tail lights? ?
Why in the world would you even be involved in this?



You should pay the fine (probably less than $100) and move on. It is a misdemeanor and involves no points, usually.



The law is that you are responsible for the condition of the vehichle you drive. That includes insurance. You might want to quit while you are even (don't be concerned with getting ahead). If you are asked by the court to show proof of insurance at the time you drove the car, you are probably screwed without a kiss.What are the chances of a Judge dismissing a case for no tail lights? ?
I think it's pretty easy to change a court date, just call in.



Also I think you have a pretty good chance of getting it dropped. Plus you have nothing to lose. I'd get them fixed. Driver the car there so you can show the judge it's been fixed and explain your situation.



You basically have nothing to lose.What are the chances of a Judge dismissing a case for no tail lights? ?
Okay, I would bet you have a good chance of getting it dismissed.



I would get the light fixed and take the receipt with you to court. Take a picture if you fix it yourself. Explain to the judge what had happened. Show him you were responsible and had it fixed right away with the receipt or picture or both.



That should do the trick. If they don't dismiss it, most likely they will reduce the ticket. If they decide to stick you with the ticket, they have payment options available if you cannot afford to pay it.



Changing your court date is not a problem. They understand that you have a life too. There should be a phone number or something on the ticket for the courthouse, call them and they can direct you on what to do to change your court date.



Just make sure you show up! They will issue a bench warrant for failure to appear if you do not show.



Good Luck!

No comments:

Post a Comment