I got a ticket for smoking.
01-29-2007 | 01:21 AM
#46
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Joined: Oct 2005
Posts: 6,456
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From: KENTUCKY
Yep that is right, got a citation for "Excessive exhaust/smoke" last night. Cop was about a block and a half behind me when he turned on the lights, I pull over and wait for him. He gets me out of the truck, tells me to shut it off, and proceeds to tell me I am rude and discourteous to other drivers and, not to mention, polluting.
Best part, IT WASN'T ME!!
I was behind a guy at a stoplight, he takes off and lets it go. I guess because I am driving THROUGH it and my truck is a diesel, that means I HAD to have done it. I tried telling him but that went nowhere fast. All he would say is, "Well if you know this guy's name and address I will be more than happy to go give him a citation."
So here I am, waiting for Monday to call the court and setup a court date. I don't have any proof except a friend that was with me. I was told the cameras on the cars only come on when the lights are turned on, so he probably does not have anything that would either convict or exonerate me. Basically it comes down to my friend and I against his word.
If anyone has any advice I definately would appreciate it as I have never fought a ticket before, if it is my fault I am going to take the consequences but this time it was not me. Also, this is Texas FYI.
This is the second time I have been pulled over and ticketed, the first was in my Z71 for speeding. Another person was throwing out cups and trash at my truck. I passed them so they wouldn't and then they tried passing me back, I wasn't going to let them so we got up to a pretty high speed. The other vehicle was faster so he was passing me, I slow down and the cop pulls me over "because they always pull over the slower vehicle". I was still speeding so I took the ticket and called myself an idiot.
I guess my point is apparently it is better to be the guy in front if you are doing illegal things.
Best part, IT WASN'T ME!!
I was behind a guy at a stoplight, he takes off and lets it go. I guess because I am driving THROUGH it and my truck is a diesel, that means I HAD to have done it. I tried telling him but that went nowhere fast. All he would say is, "Well if you know this guy's name and address I will be more than happy to go give him a citation."
So here I am, waiting for Monday to call the court and setup a court date. I don't have any proof except a friend that was with me. I was told the cameras on the cars only come on when the lights are turned on, so he probably does not have anything that would either convict or exonerate me. Basically it comes down to my friend and I against his word.
If anyone has any advice I definately would appreciate it as I have never fought a ticket before, if it is my fault I am going to take the consequences but this time it was not me. Also, this is Texas FYI.
This is the second time I have been pulled over and ticketed, the first was in my Z71 for speeding. Another person was throwing out cups and trash at my truck. I passed them so they wouldn't and then they tried passing me back, I wasn't going to let them so we got up to a pretty high speed. The other vehicle was faster so he was passing me, I slow down and the cop pulls me over "because they always pull over the slower vehicle". I was still speeding so I took the ticket and called myself an idiot.
I guess my point is apparently it is better to be the guy in front if you are doing illegal things.
Contest the case.
Most traffic cases get thrown out because the cop is somewhere edit and doesn't appear in court.
This is the reason for the endless list of "dismissed" headings in the court docket of the local paper.
Admin edit to remove unnecessary Cop Bashing
01-29-2007 | 01:33 AM
#47
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I've been to court several times with my son for things like this....the things he did do, we had an attorney and hoped for the best...the two things he did not do we just told the judge like it was....he dressed like Justwannabeme described, did the eye contact thing and "yes sir, no sir" thing...The judge dismissed both with lack of evidence. I was happy, he was happy and one city cop was upset.....
01-29-2007 | 01:40 AM
#48
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From: Central "By God" Texas
Well hopefully mine will turn out the same. Like I said, if I did it I would just pay it (somehow) and get on with life, but I didn't. And even on top of being accused of something I didn't do, the cop's attitude just really chapped me.
01-29-2007 | 01:53 AM
#49
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From: Elgin, TX
01-29-2007 | 02:20 AM
#50
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From: Winchester, TN
You're gonna end up going to traffic court. The judge is probably going to dismiss it because it's lame and then you're gonna have to pay court costs. That' really what it all boils down to anyways. It's not about the enviroment or saftey and never has been. They only want the easy revenue you can generate for them and it's like taking candy from a baby. The judge might ask the officer how you reacted and if the cop says "well judge he was cooperative in every way your honor" then the judge will toss it out. But of course you had the gumption to question authority and try to blame it on another motorist so they might have it in for you lol. No really you'll probably end up paying court cost with nothing at alll going on your MVR then you'll be on your way. At worst you'll pay court cost plus a pollution fine or something stupid like that. I hate it for you but that's how the system is set up. To herd poor innocent honest people through like sheep and let lying rich celebrity murderers and the likes get off scott free.
01-29-2007 | 02:24 AM
#51
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From: Central "By God" Texas
Yup, I will say that I am always respectful to cops because it doesn't do any good to get rude with them. Only thing I did was inform him it was the truck in front of me and he wouldn't hear of it so....here I am.
01-29-2007 | 06:57 AM
#52
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From: Claremont, Virginia
Haven't got a ticket for this yet, but I did get one for the two pieces of pipe sticking up out of the bed.
https://www.dieseltruckresource.com/...0&ppuser=19433
https://www.dieseltruckresource.com/...0&ppuser=19433
01-29-2007 | 11:45 AM
#54
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From: Nocona, Texas
this IS Texas and as such are not bound by many of the norms of this great country. Here in Texas we can get the ticket deferred simply by paying the court or judge an extra 100 dollars or so on top of the fine for the ticket. Even if you win your still going to have to pay the court costs which can be up to $80. I promise that I paid it the one time I fought a case which I lost. Note to anyone not frome this state: this case will be in a municipal court and most likely won't have a "prosecutor" in my experience it was the municipal judge, who can be some jo blow off the street in Texas, the clerk, the cop, and me. In college station they deal with a lot of traffic tickets and MIP's and this will most likely be in a courtroom with many other people awaiting their cases. The word of the cop is going to be heavy on the scales of justice here but if you can convince the judge that it was night and the officer couldn't really see where it came from you stand a chance at winning. Emphasize the dark and distance to the judge. Don't offer any incriminating evidence if you can help it. Your truck does have an inspection sticker so its already been deemed mechanically sound by a state registered mechanic so bring that up as well. If the officer wears glasses ask him if he had them on and how his night vision is. Ask him if his windshield was clean. Ask how heavy traffic was, the weather conditions, and the list goes on and on. Only ask these things though if they are being rude to you. Justwanabeme is correct about politeness and your look, but if the cop or judge get snippy with you get dirty with them because at that point they already have their decision made. Sorry this happened and good luck
01-29-2007 | 01:13 PM
#55
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From: Albuquerque, NM
My advice was tried and true. you want to ask me 'what ifs' and 'give us'?
read it again. The DTR good guy member had a situation, and asked a question- like so many before him and after we're gone when Jack is a trillionaire from all of our donations. Best of luck to ya BigNasty and pick your advice, you experienced it, trust you gut and keep the head cool. Never heard of a ticket getting 'deferred' per 03, but you can call the Assistant district attorney who handles that Court and ask for a reduction to a violation (parking ticket), that is an agreement you and he both sign.
Again, this is Texas.....if you broke a ball joint , do they shoot the truck?
read it again. The DTR good guy member had a situation, and asked a question- like so many before him and after we're gone when Jack is a trillionaire from all of our donations. Best of luck to ya BigNasty and pick your advice, you experienced it, trust you gut and keep the head cool. Never heard of a ticket getting 'deferred' per 03, but you can call the Assistant district attorney who handles that Court and ask for a reduction to a violation (parking ticket), that is an agreement you and he both sign.
Again, this is Texas.....if you broke a ball joint , do they shoot the truck?
FYI, as a judge, you have the discretion of differing the sentence…or for that matter dismissing it! Don’t let some public defender or rookie ADA tell you something different, ok?
BTW, my advice IS tried and true!
Good luck BigNasty.
01-29-2007 | 02:00 PM
#57
I was banned per my own request for speaking the name Pelosi
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From: Bristol Michigan
Most judges don't have the discression, at least in states that NEED federal highway funding. Hasn't been legal HERE in particular since about 91 or so. I believe that's when the bill went through. I may be off a little on the date. As for the tow and arrest advice? I bet if I was there I wouldn't have heard him imply this for a smoking vehicle in general, but for somebody that was hotdogging, i/e reckless driving and or drag raceing (different offenses and both lodgeable), in which smoke would be the intent or after thought, then yes jail and a tow and potentially impound til a judge releases it. Held for evidence. Most won't do this unless you ask for it, but some a required to do it every time per policy (mostly to build capital, admittedly). The initial advice was the best, go to court, be polite, bring your friend. Unless your stories don't match, it's two to one, most magistrates will give the officers the same weight as anybody until one or the other starts changeing stories. Most agencies require the officer to show for court. If he misses it for a duty related incident, they will reschedule. If he does happen to forget, they will toss it as there is no witness. The magistrate does not have authority to find you responsible without a witness or other proof. Just polite advise them you feel it was an easy mistake, however you don't feel he had a good vantage point and made the wrong call. Be sure to give an accurate description of the offender, maybe it'll ring a bell with him. If you happen to lose, sorry for your luck, and look into appealing to a formal hearing.
01-29-2007 | 02:32 PM
#58
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From: Radford, VA
Im guessing this was in College Station? Check on A&M's website. I had a friend who was fighting a speeding tickect a year ago, and he was able to seek legal advice from someone on campus. Im not exactly sure who it was, but I know that he found them through the A&M website. I also believe that it was free if you are a student. Granted, its not going to be a high powered lawyer, but its something.
01-29-2007 | 03:23 PM
#59
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From: Delta Jct Alaska
Thats what you get for smoking that shoody Mexican weed 
.....clean out the seeds and don't pack your bowl so tight, or better yet wait till you get home to fire it up.....and don't use the air cleaner as a stash box...
.....clean out the seeds and don't pack your bowl so tight, or better yet wait till you get home to fire it up.....and don't use the air cleaner as a stash box...
01-29-2007 | 04:35 PM
#60
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From: hills of cali forn ya
All Hail the expert.....heh hehh hehh
Lighten up, judge. I just wanted to hear from someone who had experience in cases like this. I made the mistake of assuming you heard cases like this. FYI, as a judge, you have the discretion of differing the sentence…or for that matter dismissing it! Don’t let some public defender or rookie ADA tell you something different, ok?
As I PM'd you, I couldn't care less if YOU don't understand....
well everyone will sure be glad that you are so edumacated to tell 1,2,3 wow six other members how to do their jobs or live their lives....whew! can you handle all the love?? Try to post something positive and helpful to a member; we already have flush bathrooms .........
COLLEGE STATION GUYS AND OTHER TRIED AND TRUE TEXANS, way to go, fellas!! very helpful! I am more familiar with DFW metroplex stuff.....
thanks for the PM BigNasty.....good luck and LOVE those maroon truck stories!