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I was in court yesterday, I just needed to show proof of registration....however, the lawyer that was there for the city was giving advice to those caught speeding or moving violations. In Illinois if you plead not-guilty and go to trial, there is a good chance to lose your license. To me, that seemed to be a blanket statement that seemed vague....but I guess if an officer is the witness, that is usually all the judge needs. I am by no means an expert on this....it is only what I had heard while waiting for my turn. And just to clear my name, mine was dismissed. :)

BTW...this was in a Chicago suburban court house.
 
dbg40:
Speeding to avoid an accident???? Suck it up Leo, pay the fine, you messed up.
it's different when you are a motorcyclist and a car is about to drive right over you.
 
lord1234:
it's different when you are a motorcyclist and a car is about to drive right over you.

and that is why you shouldn't drive them!

the cop didn't see this going on at all, they just got you for going too fast?
 
gemdiver:
and that is why you shouldn't drive them!

Every spring for the past ten years or so, I think about buying a motorcycle. It must be really nice, driving along, feeling the breeze, in the scene instead of looking at it thru a windshield, at one with the road. And no peddling!

And every spring for the past ten years or so, right about the time I start thinking about heading down to a motorcycle dealership, some poor son of a ***** comes in to my Emergency Room, mangled beyond recognition as a human being. Sometimes it's their fault, sometimes it's some other guys fault, sometimes it's just piss poor luck, like the guy who was driving along one lovely summer night on a dark country road and hit an owl. (At least that's our best guess. A dead guy, a dead owl and a motorcycle, all in a heap on the road... You do the math.)

And every spring for the past ten years or so, I get over my thoughts about buying a bike.
 
Lots of things can/will kill you, or hurt you. I can't begin to tell you how many miles I have ridden over the years without incident. But 5 years ago I had a 48' trailer break in two on the interstate while I was driving it, and ended up with a broken neck to show for the experience. Goes to show, even the biggest will get you, not just the little ones. Leo, sorry bro, but the whole thing sounds hokey, im not buying it, and IM not the one you have to convince!
 
If its as you say, dont hire a lawyer yet, get some drawings done, and go in there an make a truthful case. I feel they will drop your fine with the circumstances you describe.
 
paying the ticket and goin to traffic school are worth it if you can. If you have great evidence ie. wife was dying, having baby, kid was having asthma attack...you might actually win. Local news reported a few years ago on a cop that kept a man on a traffic charge while his wife died. Even though the man asked for an escort so he could see her before she died the officer still kept him roadside. The result was a multimillion dollar law suit which was settled outside of court and the officer had enough complaints in addition to this matter that he had to turn in his badge for good.

Last time I got a speeding ticket the judge told everyone, If you have a really great reason for speeding then contest it. All the officers are here tonight and If you pay the fines You'll get to attend the traffic school for 4 hours instead of 8. An elderly gentleman contested the ticket with a great escuse IMHO... his accelarator had gotten stuck. The cop even said I wondered why you were reving your engine while stopped. As Bill Engvall would say...Here's your sign.
 
There is no advice like bad advice. And, I'm sorry to say I've seen plenty of that in some of the replies.

Since I am the only one who can say he or she actually sits as a traffic court judge, here is my 2 cents. I will not, however, give specific advice.

In my courtroom in California, if the cop does not show up, then the People cannot possibly prove their case (absent a statute which might make an exception). In that event I dismiss the case.

If the cop shows up, the cop testifies first. I listen carefully. If the cop does not testify as to every element of the offense, I don't need to hear what the defendant has to say and I dismiss the case. For example, in certain instances, the cop must testify to being in uniform and to being in a marked patrol car. In such an instance, if the cop misses one of the points, the case is over. It is rare that a cop misses an essential element. It most often happens if a new prosecutor questions the cop and fails to ask about a uniform or marked car.

The next step is for the defendant to cross--examine the cop, i.e. to ask questions that have a bearing on the case. The point of cross-examination is to challenge the cop's perceptions, could the cop actually see what happened; does the cop actually recall everything (or is the cop reading from the ticket), etc. Sometimes, this can help show the cop did not see what happened immediately beforehand.

Occasionally, cross-examination will persuade me that I should disregard what the cop said on an essential element. In that case, I dismiss the case.

In 95% of the cases, the cop has said enough to get the point where the defendant tells his or her side. To prevail, the defendant needs to do one of two things: (1) provide evidence which gives me reasonable doubt as to at least one essential element, or (2) establish some overriding defense.

In 90% of the cases that get that far, I find the defendant guilty simply because the defendant's own testimony supports what the cop said. For example: "Everyone drives that fast;" "It was safe to read the newspaper because traffic was so slow;" "I came almost to a complete stop at the stop sign;" "I'm such a good driver that it was not unsafe for me to be that close to the car in front of me."

As far as overriding defenses, there are things like "entrapment." That is where the government has created a situation that forces someone to violate the law. Putting up a small "No Left Turn" sign where there has been none before, may fall into this category. A left turn pocket that is too short to accomodate everyone who wants to turn left, combined with a short left turn arrow, may fall into this category. Another defense would be avoiding an acciident. For example running a red light because you see the car behind you skidding trying to stop and realizing it won't may be a defense. Speeding to avoid someone who is shooting at you (not uncommon in California) may be a defense. Speeding to take a gunshot victim to the hospital may be a defense.

The problem with the defense of "necessity" is proof. Often, the cop will testify to facts other than those which support the defense. For example, with the red light mentioned above, the cop may say he or she did not see any other vehicles. Or if there is no gunshot victim in the car, saying you are taking a gunshot victim to the hospital does not work.

At the bottom line, there are three things to remember: (1) You are probably your own worst enemy. (2) If you deny doing something, it is hard to persuade a judge that you did it out of necessity / if you claim necessity and are disbelieved on the necessity, you will be found guilty. (3) If traffic school is an option that avoids loss of your license and/or an increase in your insurance premium, take it, you will probably benefit from it. (Note: Many judges will not let you ask for traffic school if you wait for the day of trial and so you can see whether the cop shows up or not.)

Best luck and let us know how this turns out.

Edited to add: Offroadiver's advice is good advice.
 
Bruce, in Massachusetts you do not go to court initially. You go to a hearing (ok, it's in a court-room), where *a* cop is present, but not necessarily *the* cop. You sit before a magistrate, not a judge. The cop reads or recalls their side of what happened and then you tell your story. The magistrate then makes a decision. If you are unhappy with the decision, then you can appeal it, pay a non-recoverable $25 fee and go to court. I have never appealed a decision, but I would assume that once you get to the actual court, the cop would be required to be present.
 

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