First things first. I've never gotten a ticket before today and I've never really had any problem with the law. I came to a 4 way stop. And I did stop. The officer said I didn't. Even though I specifically remember going from second gear to neutral, stopping, then putting it in first and began accelerating. He waited until I was about a quarter of a mile down the road to put his sirens on. I thought he was pulling me over for tailgating the car in front of me. But I only got close to the car in front of me because they slowed down suddenly to pull over and park. When he came up to my window he said I didn't stop at the stop. Even though I know I did. And I know it's their job to make sure we all drive safely but I felt that he was wrong. And just by talking to him I could sense that he was a little more mad/serious than normal. It leads me to believe that he just needed to pull someone over and give them a hard time. Now my insurance is going to be more expensive over something I feel like I shouldn't have been pulled over for. What do I do?
If you are happy and you know it2014-10-07T12:55:56Z
The burden of proof is on them but few take the time to prepare for all the legal tricks thrown at them at court. If you're willing and able to fight this then read on.
Read your state constitution to know your rights. One of the rights there is the right to face your accuser in court. If the cop doesn't show then you can get the case dismissed. That is, if you take it down that road.
Learn how to file suit in court or deal with court procedures. One doesn't have to be an attorney. Consider taking a course at Jurisdictionary_com. Some would say this is a lot of time to commit to win this, but the fact of the matter is, you can learn how to deal with court issues in the future as well. Not have to go to an attorney in the future and file suit whenever some public servant steps out of line again.
Additionally, learn the real meaning of the word "drive" perhaps you were using the public road for hire. If so then you were "driving." If however, you were just going home or carrying on your everyday life, then you were technically not "driving" But when you turned over your drivers license, you legally agreed the "driving" laws applied to you. They tricked you and there's no going back on that once it happens. So, once the cop got you to give him your driver's license, he then wrote you a citation as a "driver", and swore that you didn't stop by filling out the citation. Now, if he didn't really see you "stop" maybe he won't show up in court and testify, under oath, that you didn't stop. But the fact of the matter is, he and the court knows that the chances of you fighting this is next to nothing. You'll just pay the fine, talk with the judge and not go to a jury trial. You should have a right listed in your constitution that you have a right of trial by jury. Challenging jurisdiction will aid you to get that jury trial. Convince a number of people on the stand that you did stop and the cop lied, or the cop doesn't show up and you win anyway.
I'll recommend you go to court and watch what happens there. Courts are public. This will aid you in knowing what to expect when you go.
I'll recommend you listen to Rule of Law shows on www_logosradionetwork_com Specifically the one's on Monday nights. Here's a few archived shows I'll recommend: ROL_2013-02_25, ROL_2014-01-27, ROL_2014_01_06,
If you want to know more about this, then read the documents on the 4th paragraph at: www_logosradionetwork_com/tao/ (especially the traffic stop script and the cross examination practice script)
Secrets the police don't want you to know https://www.youtube.com/watch?v=8KeLe1LKpMI
Never make a plea in a civil case. Here, the state has nobody making a plea, nobody harmed, nobody standing up for you to face but a prosecutor. They get you to enter a plea and that allows them to trick you and gain an advantage over you right there. The people at LogosRadioNetwork explain what you should do. Additionally, you need to challenge jurisdiction when you go to court as well, to force the court to prove that they have jurisdiction. There's specific words one must say before acknowledging their name in court. Otherwise, you agree to give that court jurisdiction over you that day.
CIVIL CASES AND TRAFFIC COURT Civil cases require that you acquire standing by being an injured party by some sort of breach of agreement. Who do you have an agreement with? You have to have harmed someone in a way that is not criminal in order for there to be a civil tort for recovery of any damages. A non-criminal harm or a breach of contract. In either case the party harmed by either the act or the breach has to be able to prove their injury in order to maintain suit against the other party. You would have to prove an actual injury and prove that you had a contract. The state has no injured party, they have a prosecutor standing up there. They won't just give in however and admit they have nobody. This is a money making operation.
A PLEA IN A CIVIL CASE IS A TRICK https://www.youtube.com/watch?v=Ex1Me5soPUU
You say: " I specifically remember going from second gear to neutral, stopping, then putting it in first and began accelerating." Did you vehicle come to a full 1 second or more halt at the stop? We all feel we stop and roll on (California Stop) The vehicle has to come to a full rest to be stopped (No forward motion) and then accelerate. By stop one means they applied the brakes and stopped. So the question before the court was did you stop stop since you make no mention of braking only second to neutral, stop and then 1st gear acceleration? Since you do not state I braked and came to a FULL STOP, I would question was the officer not correct?
Most people that get a ticket believe it was unfair. Some are right and others are not. Every state has a safe driver course you can take, you have to pay for it but take it and the ticket will not be reported to your insurance company.
I believed every Police Car have Camana, if you remember the exact time from where you stop and to the point where he pulled you over. His name should be written on the Ticket.
Perhaps try to ask your lawyer for Date and Time when and where you stop at and where he stop you at. So they can view that video to determine if you did make a complete stop at 4 way stop.
It's a simple ticket. Request video from the four way intersection, if it had cameras, or from the police car. It may just get thrown out of court and dismissed.