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  #1 (permalink)  
Old 06-02-2008, 11:58 PM
phillynewshound phillynewshound is offline
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Unhappy Traffic citation

So I went through a stop sign today and got pulled over. I was guilty of doing it and I will pay the fine. My brother is a suburban police officer and he said that he couldn't help me get out of the points in Philly because even the Philly officers don't show up to court. I know that in 'burbia if the cop doesn't show up then the case it thrown out. Is this not the same in Philly? I really am not opposed to paying for the ticket ($118). He caught me fair and square but I just don't want my insurance to go through the roof. I asked him there were points and he said there weren't but upon looking online with the statute that I violated it says 3 POINTS! So I'm confused. Should I mention that when I go for my hearing (i'm still pleading not guilty just so I can throw myself on the mercy of the court) just leave that fact alone. Are the rules different in Philly for stop signs? Will the cop show up to the hearing? Any advise would be much appriciated.

Thanks!

-SG
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Old 06-03-2008, 12:03 AM
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Simon Wolf Simon Wolf is offline
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You shouldn't have run the stop sign. The whole reason for "points" is that monetary fines obviously have little impact on certain people.
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Old 06-03-2008, 12:30 AM
bernie25 bernie25 is offline
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just go to court.....they may give you some plea that has no points

they dont care about the points...they just want their penalties and court fees
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Old 06-03-2008, 02:00 AM
KerKer KerKer is offline
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SimonWolf get a life. People shouldn't be treated like criminals like they are when they go a few miles too fast or don't stop to a perfect standstill at a stop sign. Its freak'in ridiculous. Not to mention theres absolutely no reason to come to a 100% complete stop at every stop sign if you can clearly see no one is coming the other way (the key words being if you can clearly see no one is coming the other way). Its just a waste of gas and with these gas prices I need every drop.

As for phillynewshound: Don't worry about it too much. I've been to Philly court twice. One of which was for "running a stop sign", the other was for some b.s. charge I shouldn't of been ticketed for in the first place. Neither time the cop showed up but because Philly is a class 1 city they don't have to at all (according to someone else's lawyer)

I had the same judge both times and she didn't seem to give a s*it what I had to say. It pissed me off when I went to fight the b.s. ticket I was referring to above. On the plus side though (for you anyway in this particular situation) I felt like she was saying without actually saying it "I don't want to hear a word of what you have to say, If I take away your points I'll know you'll shut-up as I do for everyone so they just shut-up. That way whoever called on my phone while I was in the middle of being a judge and I walked out of the court-room to answer I can call back quicker."

That last part is a true story btw though not while I was at the stand.

If you just want the points removed it'll be no problem. If you want the judge to listen to you more then her cell phone then well good luck!

Oh and I highly recommend joining the NMA at motorists.org as they fight for motorists rights. Take a look at where they stand and see if you agree.

Last edited by KerKer : 06-03-2008 at 02:15 AM.
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Old 06-03-2008, 02:18 AM
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Simon Wolf Simon Wolf is offline
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Quote:
Originally Posted by KerKer View Post
SimonWolf get a life. People shouldn't be treated like criminals like they are when they get tickets.
Um, that's exactly what a ticket represents: that you've broken the law and been caught doing it.

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Not to mention theres absolutely no reason to come to a 100% complete stop at every stop sign if you can clearly see no one is coming the other way (the key words being if you can clearly see no one is coming the other way).
Except that we have a law that says that that's exactly what you're supposed to do. You don't get to chose how the laws are interpreted, KerKer.
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Old 06-03-2008, 06:55 AM
gone down south gone down south is offline
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Simon -

I think that you're being a little facile in your response.
For one thing, traffic laws tend to be interpreted in a 'one size fits all' manner on the street, and blowing a light in a dangerous fashion is treated the same as getting caught going through as the yellow turns red. Because of that, the penalty of 3 points on your licence can get pretty heavy in terms of insurance costs, even if that's not approrpriate in your case.

Secondly, once you allow an appeal process, you can't fault people for taking advantage of it. If the decision of the ticketing agent is final, then there would be no need for traffic court judges to have the latitude to adjust or waive penalties.
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Old 06-03-2008, 12:39 PM
Wawa16ozCoffee Wawa16ozCoffee is offline
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If you fight the ticket, you first go to traffic court at 8th & Spring Garden. Your appearance date should be listed on your ticket, and the police officer will not be at this hearing. If you lose there, you can appeal it and you'll get a date to appear in municipal court at the criminal justice center for a trial. The police officer will be notified to attend this hearing. If the police officer no shows (vacation, more important court hearings, sick, lack of interest, etc) and you contest it, the case will be tossed entirely. If the police officer is there and testifies, there's about a 95% chance you'll be found guilty. More than likely, however, if you appeal it to municipal court, the ADA will offer you to plead guilty to section 3111-A of the vehicle code, "disregarding traffic control signals", which carries the same fine but no points. You will more than likely be more than happy to accept this, as you will have no way of knowing whether or not the police officer is going to show up.
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Old 06-03-2008, 12:48 PM
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niksiz niksiz is offline
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Quote:
Originally Posted by KerKer View Post
SimonWolf get a life. People shouldn't be treated like criminals like they are when they go a few miles too fast or don't stop to a perfect standstill at a stop sign. Its freak'in ridiculous.
It's drivers like you that cause havoc on our roads and raise our insurance costs. You don't do whatever you feel like doing - you obey and respect the law. Period.

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Originally Posted by KerKer View Post
Oh and I highly recommend joining the NMA at motorists.org as they fight for motorists rights. Take a look at where they stand and see if you agree.
The NMA exists only to support reckless and irresponsible drivers. Instead of talking about driver's rights, let's talk about driver's responsibilities!
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Old 06-03-2008, 01:42 PM
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MikeinCC MikeinCC is offline
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Just plead not guilty and take it to court.

The court officer will be acting on behalf of every ticketing officer for all in attendance. Your officer will not be there.

If you have a clean record, chances are they will plead it down before you even get there. Then the court officer will call you up, tell you your plea, and ask you if you accept. If so, you'll get a lecture from the judge, and you're done. If not, you'll have to actually try to plead your case (you'll be found guilty), and then appeal. Don't bother.

Philly is far more concerned about the cash. They just want you to pay up. Pay the ticket in full, but plead not guilty, and chances are they'll reduce it to 0 points in court.

Good luck, IM me for more detailed information if you need it.
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Old 06-03-2008, 01:46 PM
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Bye Bye NYC Bye Bye NYC is offline
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Quote:
Originally Posted by niksiz View Post
The NMA exists only to support reckless and irresponsible drivers. Instead of talking about driver's rights, let's talk about driver's responsibilities!
I agree. In spite of what a few may try to rationalize, the laws were created to protect a population, not inconvenience once self-absorbed, self-serving "driver."

I do completely get, though, that OP is clear about his responsibility.
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