erroneous traffic violations, how to prove? - Page 2 - Subaru Outback - Subaru Outback Forums
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post #11 of 30 (permalink) Old 12-19-2018, 10:12 PM
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Originally Posted by Carl86 View Post
I currently have an appointment to the court for a left turn ticket.

I did the left turn in green, no sign of no left turn and NOBODY was crossing, but a police car was parked in the opposite way and she wanted to cross WHEN i was already in the middle ...
If you impede oncoming traffic under the circumstances described at all, you're failing to yield right of way.

Quote:
BUT she portrayed the case like i violate her right of way... SHE WAS PARKED...
If she was parked when you started the turn, I'm having a hard time visualizing how she could be entering the intersection when you were halfway through it.

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i know if i would have a dash cam i could easily demonstrate how things went.
Stuff does happen. And a dashcam might be evidence to present if it vindicates you. It might show you they were right, too... either way, you might feel better about it.

I got nailed for speeding in a small town a few years ago. Zero other cars on the road, and trying to catch the only traffic light in the place while it was green. Didn't make it, stopped once it was obvious I wouldn't make it, and a cop pulled up behind me with his lights on. I didn't think I was going as fast as he charged, but after getting home and looking at the GPS log, I saw he had me dead to rights (in fact, he understated how fast I was going at maximum), so I paid the ticket and moved on, but at least didn't feel victimized. That was my fourth speeding ticket in almost 50 years of driving, and the first in about forty years. Oopsies!

Quote:
But now, i receive a letter, for a parking ticket, it was October 21(sunday) at 7am, i have Sundays and Mondays free, therefore i sleep until late my first day off of everyweek, otherwords, i was sleeping the Monday at 7am.
Cool! But where was your car Monday at 7?

In more seriousness, our city recently changed the rules such that if you can show you took a cab or other Uber-like service home from a bar but your otherwise-legally-parked car gets ticketed for overparking, there's a straightforward process to get the ticket automatically dismissed. The point being... just because you're home asleep doesn't mean your car isn't illegally parked.

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post #12 of 30 (permalink) Old 12-20-2018, 12:02 AM
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Originally Posted by Carl86 View Post
i know if i would have a dash cam i could easily demonstrate how things went.

Is there a device i can install in the car that i can use for future situations like this?
i thought on a gps tracker, and or a dash cam, the GPS tracker could help to know where exactly the car was at specific time/date, but for traffict lights and stuff like that a dash cam is more helpfull, what do you suggest?
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Originally Posted by hallux View Post
The best is probably going to be a dashcam. Even the cheapest typically include a timestamp on the video but they rely on you setting the time initially.
Best bet is probably a dashcam with built-in GPS. It can record audio, video, and a GPS map of your location. An added bonus of GPS is that it will always have the exact time (provided you set the time zone correctly). I had a Falcon Zero dash cam with GPS in my car when it was totaled by a driver who ran a red light at highway speed and it made all the difference in explaining what really happened to the police and my insurance company. Every conversation went from, "Well, everyone believes they have a green light so we'll have to talk to witnesses and investigate," to "Wow, you clearly had the green light for 5 seconds before you were hit out of nowhere."

My new Outback has a Rexing V1LG dashcam with the extra rear-mounted camera. It also has built-in GPS. I'll never drive without one again.



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post #13 of 30 (permalink) Old 12-20-2018, 12:25 AM
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Originally Posted by hallux View Post
Quote:
Originally Posted by Ravenworks View Post
Most of the time the officer doesn't show up for court.
Plead not guilty and they may throw it out.
If the cop can't show, they'll reschedule. That they will just throw out the ticket is a myth.

Not here, I had a BS ticket tossed by pleading not guilty in a Cleveland court.
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post #14 of 30 (permalink) Old 12-20-2018, 05:36 AM
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Not here, I had a BS ticket tossed by pleading not guilty in a Cleveland court.
Then, as the podcaster says at the beginning of the video (I posted the link to start right where his discussion of the topic started, he has a disclaimer at the beginning), this MAY vary from location to location. He can speak to Michigan law (as that's where he's licensed to practice) but he can't say if his advice is valid in other locations just as YOUR experience would not be valid in Michigan apparently.


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post #15 of 30 (permalink) Old 12-20-2018, 08:26 AM
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I tried to fight a speeding ticket in NYC. The cop wasn't there so they postponed to the day the cop shows up to handle all his contested tickets. He got up, one after another and "proved" why the drivers deserved the ticket. NYC traffic court rarely dismisses, does not bargain down to a lesser, a lawyer can help fight but you need proof, and they throw the book at you for having the temerity to challenge.

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post #16 of 30 (permalink) Old 12-20-2018, 11:24 AM
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OMG....Buy a dash cam! Good ones cost less then $50 on ebay. All my vehicles have a dash cam in the front and rear of the vehicle.

You would be amazed how things change in the court room when you show up with video or an EDR. Most court cases are about figuring out which side is lying. Or, if both sides are lying, what is the real story. When you show up with irrefutable evidence, the case is already won. But, also remember that if you did anything wrong, that will come out too.

When looking for a dashcam, these are the things that are important:

1. You want 1080p HD with wide angle view. Like 170 degrees
2. You want it to have a large memory card. They loop pretty quick, so you can lose video
3. You want G-shock. If you are in an accident, it will lock the video that witnessed the accident, and it cannot be erased when looped
4. You want it to loop continuously. When it gets to the end, it starts at the beginning automatically
5. You want it to have IR for night driving
6. You want it to have a good attachment to the windshield, so that it doesn't fall off every week.
7. Some have motion-detection. If your power plug port has power when the car is off, it will record any activity around your car. Works pretty good when some kids try to steal your license plate.

Yes, LightingGuy, New York is the worst for traffic court. It is all about the money. You have a better chance of getting a fair trial in China or Turkey then in a NY traffic court. If you have good evidence, then you can win. But, that is rare.
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post #17 of 30 (permalink) Old 12-20-2018, 12:14 PM Thread Starter
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Thank you guys for all the very helpful information.

Quote:
Originally Posted by hallux View Post
The best is probably going to be a dashcam. Even the cheapest typically include a timestamp on the video but they rely on you setting the time initially. Just the video should be enough for most instances.

Also consider that the footage can work either for or against you, and deleting or hiding the footage if you were at fault in a collision can result in more serious charges. Including GPS data can also result in things going against you if you were speeding. You also need to consider legal implications of recording audio inside the vehicle.

I have a dashcam, it has a GPS input but no receiver. I also have the audio recording turned off even though NY is a single-party consent state (meaning I can record audio as long as I am in the vehicle).
Yes, i am aware that in a wrong situation it could act against me, but i didn't know anything about the recording audio inside the vehicle, i thought i was free to record whatever i wanted inside the car.


Quote:
Originally Posted by Rub View Post
I'm a little perplexed by this.

I think by your own words you place yourself at the scene, at the very least. To say that you were sleeping isn't possible or if I'm the officer, I''d say you were perhaps sleeping like you said. with that line of testimony. Did you sign the ticket?

If I've mistakenly interpretred something you said, tell me what I'm missing or is the time the element that's off? If you were there and just the time is off you could - not saying you should - argue that if that perception of the officer is off then perhaps her other facts are off too.

The first appearance is the chance for you to enter your plea. Go to the courthouse and plead not guilty and ask for a trial date.

Maybe the officer won't appear and you'll have your case dismissed but I'd think awfully hard about telling the judge you were at home sleeping when you're telling us you were there.

Yes, I have this thing about lying and I truly believe that today people say what they want and only consider it a lie if caught. That doesn't fly at all with me and you're extremely lucky someone like me isn't on the bench. You'd be looking at a lot more than just the citation.

Don't lie. You can think about it but don't do it.
I think you misunderstood, i am not lying anywhere

Quote:
Originally Posted by Rub View Post
I think by your own words you place yourself at the scene, at the very least. To say that you were sleeping isn't possible or if I'm the officer, I''d say you were perhaps sleeping like you said. with that line of testimony. Did you sign the ticket? .
Not sign at all, in fact I didn’t know I have to sign a parking because it is the first time I have a ticket, I just receive a letter in home, and I am investigating because it appears my plate number but a Dodge whatever vehicle and mine is a Subaru.

Oh, hold on a minute, now, I think what you have understood is that I left the vehicle in the no parking area while I was sleeping_ hahhaa, no friend, the vehicle was with me in home far away form the place where the paper says, and I am trying to get a video from the cam of the front neighbor where shows my car in the entrance.


Quote:
Originally Posted by Rub View Post
You might be right.


Kids - The lesson to be learned is to stay in school, don't eat Moose Munch crunch and drink coffee at the same time and whatever you do, don't mix hummus with any of that.

That is!


Quote:
Originally Posted by Lightingguy View Post
I’m just not getting this.

1) You are making a left thru an intersection, the light is green in your direction and you state a police car, that you seemingly noticed and that was, as far as you could tell, parked and in a parking lane facing in the opposite direction, than moved into the intersection as you were turning and the officer then cited you for failure to yield ?. That just seems far fetched. It sounds like you misjudged where the police car was and speed and the cop caught you in a failure to yield ? .
In fact, the police car was blocking the street, the police car was stand still when green for her, I wait about 20 seconds and she was watching her computer, in a green light.
Quote:
Originally Posted by Lightingguy View Post
2) The parking ticket wasn’t your vehicle ?, because it was issued on a Sunday morning at 7AM, and not at where you live ?, but someplace else ?. And you sleep late the first day off, which would be Sunday, not Monday ?. So a case of erroneous information on the vehicle ?
.
Yes, Sunday, I am pretty sure a erroneous info was processed, at the time the paper shows the violation I was at home, sleeping with my car in home too, about 50 miles away.

Quote:
Originally Posted by Lightingguy View Post
3) What does this all have to do with a Subaru ?. Do you own a Subaru that was involved in these incidents ? (EDIT: I see and 05 OB listed). You do realize this is a site dedicated to issues and things of interest related to Subaru Outbacks and what you are asking, just sounds like an whining 19 yr. old. Sorry.
I didn’t know where to talk about this and where to ask for advices, and yes, my Subaru was involved in both situations, and I wrote in this specific subforum because under General title says ``Anything does not fall under another forum below.``

Sorry if I sound like a 19yo to you, I needed help and advices.


Quote:
Originally Posted by skipw View Post
If you impede oncoming traffic under the circumstances described at all, you're failing to yield right of way.
That’s the case, sorry didn’t mention the specific violation, yes it look like that, but

Quote:
Originally Posted by skipw View Post
If she was parked when you started the turn, I'm having a hard time visualizing how she could be entering the intersection when you were halfway through it.
In fact she didn’t move, what I assumed is that when she finished watching her computer or doing whatever she was doing on a green light, then she raised her sight before starting the move then she saw me already halfway.

[quote=skipw;5748101]
Cool! But where was your car Monday at 7?
[QUOTE]

In my home entrance



Quote:
Originally Posted by GrumpySquatch View Post
Best bet is probably a dashcam with built-in GPS. It can record audio, video, and a GPS map of your location. An added bonus of GPS is that it will always have the exact time (provided you set the time zone correctly). I had a Falcon Zero dash cam with GPS in my car when it was totaled by a driver who ran a red light at highway speed and it made all the difference in explaining what really happened to the police and my insurance company. Every conversation went from, "Well, everyone believes they have a green light so we'll have to talk to witnesses and investigate," to "Wow, you clearly had the green light for 5 seconds before you were hit out of nowhere."

My new Outback has a Rexing V1LG dashcam with the extra rear-mounted camera. It also has built-in GPS. I'll never drive without one again.
i will review that option


Quote:
Originally Posted by mikie View Post
OMG....Buy a dash cam! Good ones cost less then $50 on ebay. All my vehicles have a dash cam in the front and rear of the vehicle.

You would be amazed how things change in the court room when you show up with video or an EDR. Most court cases are about figuring out which side is lying. Or, if both sides are lying, what is the real story. When you show up with irrefutable evidence, the case is already won. But, also remember that if you did anything wrong, that will come out too.

When looking for a dashcam, these are the things that are important:

1. You want 1080p HD with wide angle view. Like 170 degrees
2. You want it to have a large memory card. They loop pretty quick, so you can lose video
3. You want G-shock. If you are in an accident, it will lock the video that witnessed the accident, and it cannot be erased when looped
4. You want it to loop continuously. When it gets to the end, it starts at the beginning automatically
5. You want it to have IR for night driving
6. You want it to have a good attachment to the windshield, so that it doesn't fall off every week.
7. Some have motion-detection. If your power plug port has power when the car is off, it will record any activity around your car. Works pretty good when some kids try to steal your license plate.

Yes, LightingGuy, New York is the worst for traffic court. It is all about the money. You have a better chance of getting a fair trial in China or Turkey then in a NY traffic court. If you have good evidence, then you can win. But, that is rare.
Thank you for the suggestions
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post #18 of 30 (permalink) Old 12-20-2018, 12:19 PM
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Questions about that parking ticket letter:


You got it in the mail, but your car was home at the time the letter says you were illegally parked.


Does that letter have your license plate number? Does it have a vehicle description? Do they BOTH match your car?
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post #19 of 30 (permalink) Old 12-20-2018, 12:38 PM Thread Starter
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Quote:
Originally Posted by KansasMatthew View Post
Questions about that parking ticket letter:


You got it in the mail, but your car was home at the time the letter says you were illegally parked.


Does that letter have your license plate number? Does it have a vehicle description? Do they BOTH match your car?

Yes, the car was at home.
Yes the letter has my license plate number
and no, the vehicle description does not match
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post #20 of 30 (permalink) Old 12-20-2018, 03:12 PM
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Originally Posted by Carl86 View Post
Yes, the car was at home.
Yes the letter has my license plate number
and no, the vehicle description does not match
Should be simple thing to show your (valid) registration with your vehicle and tag # and show they don't match the ticket. Someone probably just transposed a couple digits.

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