I got a ticket for nothing

Ec0n Major
Donator
Ulairi's picture

A cop just showed up at my door, and what a little fascists he was, giving me a ticket for driving by a school buss on election day. I don't remember seeing a school bus when I voted and the buss driver wrote out the ticket. There was no cop on hand just some bus driver.

Anyone know of any legal way to fight this? I'm not paying $375 for something I don't believe I did.

For instance, there are 108 beads in a Catholic rosary and there are 108 stitches in a baseball. When I learned that, I gave Jesus a chance. ~Ron Shelton, Bull Durham, 1988

Throat Specialist
Donator
Dr.Ghastly's picture

I guess you shouldn''t have gotten Halo 2 early. Karma and all..

Unfortunately, if I slash my wrist with my lightsaber it cauterizes instantly. - PurEvil on emo Star Wars plots.

Avant-garde Grognard
Donator V4.0
SwampYankee's picture
Location: Drinking Wine, Eating Cheese, Catching Some Rays

Plead not guilty. See what they have saying you did it. At the very least you will get offered a lesser fine. Good chance the bus driver screwed up. They are notorious for that.

Funny how a guy doing his job and acting on a complaint makes him a fascist.

You don't have to call me Lieutenant, Rosie......

Woof Woof! That's my other dog imitation...

XBox Live: SwampYankee68

CEO
Certis's picture

My brother got nailed doing the same thing a few months ago.... in my car while I was at E3. Always nice to have a cop show up at your door, 9:00 in the morning with a ticket. It was a $500 Canadian fine which amounts to the same as yours roughly. I don''t think he fought it because he was 100% in the wrong but I''m sure there''s a way. Not sure how they handle it since it''s the driver''s word vs. yours. He''d probably have a bus full of witnesses though.

Certis beat me to it. - Elysium

Avant-garde Grognard
Donator V4.0
SwampYankee's picture
Location: Drinking Wine, Eating Cheese, Catching Some Rays

Probably not. The kids are pretty oblivious to everything going on outside the bus. The way to go about it is to see the driver''s written statement, particularly the description of the vehicle, etc. But what do I know, I''m just part of the fascist machine.

You don't have to call me Lieutenant, Rosie......

Woof Woof! That's my other dog imitation...

XBox Live: SwampYankee68

CEO
Certis's picture

Quote:
But what do I know, I''m just part of the fascist machine.

It''s ok Swampy, Ulairi calls everyone and everything fascist at some point or another. It makes him feel special

Certis beat me to it. - Elysium

Avant-garde Grognard
Donator V4.0
SwampYankee's picture
Location: Drinking Wine, Eating Cheese, Catching Some Rays

Meh. No large deal. If it was a younger copper, good chance he was one. The older ones are too burned out and would talk the driver out of making the complaint as it means less paperwork

You don't have to call me Lieutenant, Rosie......

Woof Woof! That's my other dog imitation...

XBox Live: SwampYankee68

Once you go blue...
Morrolan's picture
Location: Waiting for the day of rockening.

I don''t get it. What did you do wrong?
Driving by a schoolbus? I don''t see where the crime is here...

"PEACE ON EARTH. GOOD WILL TO MEN. PUBLIC SHELTER. ADMISSION 50¢"

Forum Ornament
Donator V5.0
Location: Louisville

$375?! That''s crazy! Go to traffic court, talk to the defense guy before and tell him it wasn''t you and ask why they think it was, where it happened, etc... See what they have, if it sounds shaky or you were nowhere near that area plead not guilty and account for your whereabouts at the time.

EDIT: Morrolan, if the school bus has it''s stop sign out and you''re on a four lane or less road, you have to stop going both ways.

Consultant
Donator

"LeapingGnome wrote:
$375?! That''s crazy! Go to traffic court, talk to the defense guy before and tell him it wasn''t you and ask why they think it was, where it happened, etc... See what they have, if it sounds shaky or you were nowhere near that area plead not guilty and account for your whereabouts at the time.

EDIT: Morrolan, if the school bus has it''s stop sign out and you''re on a four lane or less road, you have to stop going both ways.

Would that be 4 plus 1 middle late? Or if there is a middle lane, the rule does not apply?

When I was a boy the Dead Sea was only sick. George Burns

This is Not a Scary Clown
Donator V5.0
Alien13z's picture
Location: Minneapolis

School bus rules vary from state to state, I imagine.

1. Like Swampy said, find out if there is a written statement. See if you can examine it, and see if it describes you and your car. If not, get them to drop it. If it does describe your car, go to traffic court and use the tried-and-true bargain-down-the-lazy prosecutor technique.

2. If there is no written statement, go to court and see if the bus driver is going to appear as a witness. With any luck, traffic court time will coincide with bus driving time and the witness will be unavailable. If that''s the case, they have no evidence and you should be able to get the ticket dropped. If the bus driver is there, again go with bargain-down-the-lazy-prosecutor.

3. Don''t let it get to a trial. If it gets that far, it means that the prosecutor is confident the bus driver can identify you and your car. You will never convince a judge or jury that you are right and the bus driver is wrong.

"All that time you waste dating and having sex could be better spent scouring the web for new game developer press releases." - Quintin_Stone

Ec0n Major
Donator
Ulairi's picture

Quote:

Funny how a guy doing his job and acting on a complaint makes him a fascist.

The guy came to my door and said I was getting served with this fine. I asked why and he got very angry and should that he''d tell me when he was good and ready. I asked if I could read the ticket and he yelled that I should stop trying to take the paper from him. The funny thing is that I was inside of a screendoor and never opened the screen door. The only way for me to take the ticket from him would be to open the screendoor and take it.

Quote:

It''s ok Swampy, Ulairi calls everyone and everything fascist at some point or another. It makes him feel special

I''m a young whippersnapper. It is my job to call everyone and everything fascist. That is what we college students do!

For instance, there are 108 beads in a Catholic rosary and there are 108 stitches in a baseball. When I learned that, I gave Jesus a chance. ~Ron Shelton, Bull Durham, 1988

Me Love You Long Time
Donator V3.0
Vector's picture
Location: The Wet Coast

Quote:
I''m a young whippersnapper. It is my job to call everyone and everything fascist. That is what we college students do!

Really? I was not informed.

Swampy you and Certis are both Fasci!

Wow that did feel good. Now I can go preach on how communism is the best form of government, I''ll have to go soul searching in Europe for a year, and become a vegetarian. Or I won''t.

McChuck wrote:

rabbit wrote:
Spaz wrote:
It's weird who you meat during ConSeason, aint it?

Paging douchebag community copyeditors on aisle 3. McChuck? Wordsmythe?

Oh, c'mon. You suck one c*ck and you're forever known as a c*cksucker.

Under the Me
Most's picture
Location: Latvia

"Vector wrote:
I''ll have to go soul searching in Europe for a year, and become a vegetarian. Or I won''t.

Don`t. Soya-everything can become slightly repetitive after a while.

You Shall Not Pass!
Donator V4.0
CEJ's picture
Location: Southern California

Umm, Dumb question here, but, since when can school bus drivers issue tickets? Or did I mis-read this as a school bus driver filed a complaint about passing a bus with flashing red lights to Ulairi?

Steam Community ID
Mythos Player ID: cejansen

Rebuttal is Futile
Donator
One_of_47's picture

Was the bus stopped and unloading kids? I''m definitely on your side if it wasn''t, but if it was...well, I wish you the best and all that, but if my kid was on the bus when that happened I would be volunteering to build the gallows, election day or not.

Money can't buy you happiness...but it can buy you a boat big enough to sell right up next to it!-David Lee Roth

|| || | |ll|| | |||
Donator
Sku Boi's picture

<sarcasm>Didn''t you know you cant pass busses in almost any state (including under the influence). </sarcasm> Dont listen to me but the advice above, though sneaky, is good.

Quote from a conversation about the Flagship forum closure:

LobersterMobster: Official forums are closing today.
Farscry: Holy crap, what?!
LobesterMobster: OFFICIAL FORUMS ARE CLOSING TODAY!

Thy Will Be Done
Donator V4.0
chrisg's picture
Location: Dortmund,Germany

"LeapingGnome wrote:
... if the school bus has it''s stop sign out and you''re on a four lane or less road, you have to stop going both ways.

Bloody Hell, and I thought Germany was a bureaucratic wonderland .

No hay banda!

Bacon, Lettuce and DEATH!
Donator V3.0
KillerTomato's picture
Location: Florida, USA

From my vague memories of Driver''s Ed, I think the rule is that you can only pass if there''s a grassy median, at least here in FL.

Everything can be debated, but that doesn't necessarily mean it's debatable.
--Chuck Klosterman, Fargo Rock City

Hello, my baby...
Lawyeron's picture

It was those damn moveon.org people. They followed you to your car, got your license plate and gave it to the cops.

I'm bringing sexy back!

Office Linebacker
Donator V5.0

Quote:
From my vague memories of Driver''s Ed, I think the rule is that you can only pass if there''s a grassy median, at least here in FL.

This is not the case in all states. Some states require that you stop, even if there is a great big grassy median in the road. Check your local DMV.

Forum Ornament
Donator V5.0
Location: Louisville

Yeah, some states it''s four lanes, some four lanes and a turning lane, some no matter the number of lanes unless theres a median. But I''ve never seen less than four lanes.

Ec0n Major
Donator
Ulairi's picture

"CEJ wrote:
Umm, Dumb question here, but, since when can school bus drivers issue tickets? Or did I mis-read this as a school bus driver filed a complaint about passing a bus with flashing red lights to Ulairi?

The driver wrote out a complaint and a cop showed up at my door to serve me. I never saw any school bus, and I learned that the school wasn''t in session on election day.

The only thing I could think of is that I had a Bush sticker on the back of the car.

For instance, there are 108 beads in a Catholic rosary and there are 108 stitches in a baseball. When I learned that, I gave Jesus a chance. ~Ron Shelton, Bull Durham, 1988

Drowned the Scorpion
Donator
SlyFrog's picture
Location: Amphibious Sanctuary

"Ulairi wrote:
"CEJ wrote:
Umm, Dumb question here, but, since when can school bus drivers issue tickets? Or did I mis-read this as a school bus driver filed a complaint about passing a bus with flashing red lights to Ulairi?

The driver wrote out a complaint and a cop showed up at my door to serve me. I never saw any school bus, and I learned that the school wasn''t in session on election day.

The only thing I could think of is that I had a Bush sticker on the back of the car.

So look into it. It''s your right to fight the thing; you can simply say that you did not do it. What evidence do they have? The bus driver''s word? Is there any photographic evidence? Is the bus driver trained to act as a witness in the same manner as a police officer? How was the bus driver performing his job of looking out for children getting onto the bus if he had the time to watch a quickly passing vehicle and get down its license plate number? Who has the eyesight to do that? What was the exact timing; when did the stop sign go out? Did anyone else see the car go past? If so, why not? Did the bus driver say anything about it at the time? If so, why not, you''d think there may have been some reaction expressed to the other kids. If so, did the kids share the same view? Etc.

"Ulairi wrote:
The only thing I could think of is that I had a Bush sticker on the back of the car.

Oh, nevermind, you clearly deserved what you got. Fascist!

This is Not a Scary Clown
Donator V5.0
Alien13z's picture
Location: Minneapolis

Quote:
So look into it. It''s your right to fight the thing; you can simply say that you did not do it. What evidence do they have? The bus driver''s word? Is there any photographic evidence? Is the bus driver trained to act as a witness in the same manner as a police officer? How was the bus driver performing his job of looking out for children getting onto the bus if he had the time to watch a quickly passing vehicle and get down its license plate number? Who has the eyesight to do that? What was the exact timing; when did the stop sign go out? Did anyone else see the car go past? If so, why not? Did the bus driver say anything about it at the time? If so, why not, you''d think there may have been some reaction expressed to the other kids. If so, did the kids share the same view? Etc.

No disrespect to Slyfrog, but you really do not want to challenge the bus driver on credibility or the facts unless you have smoking gun evidence. If it''s just a matter of two people with different stories, the judge or jury will believe the bus driver over you 100% of the time, and you will get a more serious penalty for taking the case to trial than you would if you had pled guilty to a lesser offense prior to trial.

"All that time you waste dating and having sex could be better spent scouring the web for new game developer press releases." - Quintin_Stone

Forum Ornament
Donator V5.0
Location: Louisville

A little paranoid Ulairi?

Drowned the Scorpion
Donator
SlyFrog's picture
Location: Amphibious Sanctuary

"Alien13z wrote:
Quote:
So look into it. It''s your right to fight the thing; you can simply say that you did not do it. What evidence do they have? The bus driver''s word? Is there any photographic evidence? Is the bus driver trained to act as a witness in the same manner as a police officer? How was the bus driver performing his job of looking out for children getting onto the bus if he had the time to watch a quickly passing vehicle and get down its license plate number? Who has the eyesight to do that? What was the exact timing; when did the stop sign go out? Did anyone else see the car go past? If so, why not? Did the bus driver say anything about it at the time? If so, why not, you''d think there may have been some reaction expressed to the other kids. If so, did the kids share the same view? Etc.

No disrespect to Slyfrog, but you really do not want to challenge the bus driver on credibility or the facts unless you have smoking gun evidence. If it''s just a matter of two people with different stories, the judge or jury will believe the bus driver over you 100% of the time, and you will get a more serious penalty for taking the case to trial than you would if you had pled guilty to a lesser offense prior to trial.

But you don''t get the lessor offense plea bargain unless you come in a bit prepared to look like the guy who is willing to fight. You get the lessor offense plea because the prosecutor does not want to spend his time with the guy who looks like he is willing to drag things out as I set forth.

Besides, I don''t wholly agree with your statement. Burden of proof is still on the state; if there is legitimate question as to whether he really passed the bus while kids were getting on (as evidenced by the fact that school was apparently not in session that day), go after it.

Goin' Commando
Donator V5.0
Edwin's picture
Location: Miami, FL

I have always been told, and it has worked for me, to plead ""No Contest"" instead of not guilty.

This is Not a Scary Clown
Donator V5.0
Alien13z's picture
Location: Minneapolis

Quote:
Burden of proof is still on the state; if there is legitimate question as to whether he really passed the bus while kids were getting on (as evidenced by the fact that school was apparently not in session that day), go after it.

1. We do not know that the ticket was for passing a school bus while children were getting on it. We do not even know what constitutes a crime in Wisconsin with regard to the interaction of school buses and other vehicles. It could well be that passing a school bus under any circumstances is a crime.

2. You are right that the burden of proof is on the state, and that theoretically gives the defendant an advantage, but in reality - based on years of working for a judge and watching things like this play out - cops and other public officials get believed over criminal defendants every time, unless the defendant has incontrovertible proof that he/she is right.

3. By all means research the case prior to the hearing. Slyfrog is right that that can bolster your defense and enable you to plea to a better deal. Just don''t try to use the hearing itself as an opportunity to discover the facts of your case, because courts and prosecutors resent having to invest their time hearing a trial of a routine traffic offense.

"All that time you waste dating and having sex could be better spent scouring the web for new game developer press releases." - Quintin_Stone

Drowned the Scorpion
Donator
SlyFrog's picture
Location: Amphibious Sanctuary

"Alien13z wrote:
Quote:
Burden of proof is still on the state; if there is legitimate question as to whether he really passed the bus while kids were getting on (as evidenced by the fact that school was apparently not in session that day), go after it.

1. We do not know that the ticket was for passing a school bus while children were getting on it. We do not even know what constitutes a crime in Wisconsin with regard to the interaction of school buses and other vehicles. It could well be that passing a school bus under any circumstances is a crime.

Well, having lived there for 22 years, I''m pretty sure it''s not. But I''ll admit to not having read the particular statute since driver''s ed.

"Alien13z wrote:
2. You are right that the burden of proof is on the state, and that theoretically gives the defendant an advantage, but in reality - based on years of working for a judge and watching things like this play out - cops and other public officials get believed over criminal defendants every time, unless the defendant has incontrovertible proof that he/she is right.

Oh sure, I''ve seen it too. But I''ve also seen plenty of such cases where, in the initial appearance before the judge and/or prosecutor, they almost plead with you not to go forward, often offering a much reduced penalty to just drop the thing. I still remember a bunch of idiot college students who got written up for engaging in some stupid PETA vandalism act that should have had their asses in jail for about 30 days; they went before the judge, demanded their day in court, and were given offers that everyone in the court room was silently screaming for them to take (no jail time, very minor fines, pretty much clear records, etc.). Those offers happened because no one wanted to spend the day listening to these kids fight the man. Of course they were too stupid to take the offers, but that''s a different story.

Anyway, I think that there are two things that mitigate the typical man''s bias toward the state in this case: 1. the guy was a school bus driver, while somewhat sympathetic, he won''t be viewed with the same credibility as a cop or other true public official; 2. the circumstances are somewhat odd, in that it was not a normal ticket situation. I think that John Q. Public will react a bit more sympathetically to the guy who gets a ticket out of the blue at home at some point after the purported incident occurred. In other countries where this routinely happens, it is because there is camera evidence of the violation (for example traffic light cameras catching red light violations). There''s a reason they have this photo evidence, only part of the reason is cheaper automation. Of course, don''t get me wrong, the fact that it is a bit more sympathetic does not mean that the bus driver doesn''t have the ability to turn someone in to the cops as apparently happened here.

I think at least some people in the public (who will form the jury pool) will be at least a little disturbed about the implication of saying, ""Hey, you weren''t stopped at the time, but this bus driver said that you passed his bus when it was illegal.""

"Alien13z wrote:
3. By all means research the case prior to the hearing. Slyfrog is right that that can bolster your defense and enable you to plea to a better deal. Just don''t try to use the hearing itself as an opportunity to discover the facts of your case, because courts and prosecutors resent having to invest their time hearing a trial of a routine traffic offense.

Nope, depending on the petty misdemeanor or misdemeanor disovery rules of your state, you should add to the prosecutor''s burden by making a large amount of discovery requests in order to pick at every aspect of the case before trial.

But seriously, it is exactly this resentment that will create a greater likelihood of a suspended fine or similar treatment if you go about it the right way. You can''t be a jerk and goad the prosecutor into making an example of you, but if you are polite and make it known that you believe you were not at fault, given the particular circumstances, you really might be able to get the fine or charge lowered.

Ec0n Major
Donator
Ulairi's picture

I went to the polling place today and there is no way possible that I could have passed the bus driver. The street that the bus driver said he was on when I passed him was into a subdivision that I never went on. I cannot get back home. If it was the street that I turn into to vote, it is just a two way street (one way south, one north) and to pass him I would have had to go into theo ther lane. With all of the traffic from the election, it just wouldn''t have been possible.

I know think it has to do with the bush sticker. Only reason to write up the ticket.

For instance, there are 108 beads in a Catholic rosary and there are 108 stitches in a baseball. When I learned that, I gave Jesus a chance. ~Ron Shelton, Bull Durham, 1988