Traffic Violations & Court Appearance

[Gryffindorian]

Today I received my first traffic ticket in seven years. The first one I got was back in January 2006 when I got stopped by a sheriff's deputy for not stopping "all the way" while making a right turn against a red light. I ended up going to traffic school afterwards.

This afternoon I was driving on my way home, and traffic was at a standstill, so I was stuck on a railroad track. I couldn't back up; there was no space for me to go forward. As luck would have it, there was an Oakland PD patrol car nearby that signaled me to pull over. The officer said I was not supposed to be blocking the railroad track. (Tell me something I don't know.) He asked for my driver's license, registration, proof of insurance, and shortly thereafter, he gave me a ticket.

Anyway, I'm thinking about contesting the ticket in court. I'm a bit unclear at the moment as to the proper procedure. The citation states that I need to send a written request to the court (via certified or registered mail), and yet I've heard of ticketed motorists who were able to appear in court (walk-ins) and asked the judge for a dismissal or a lower fine. BTW, I live in the SF Bay Area in Alameda County. Has anyone here ever gotten a traffic ticket?

Considering how sad and frustrating this situation is, I'm holding up pretty well. What say you?

[Kestra]

Okay Drone, brace yourself for a lack of sympathy. I'm not saying any of this to be mean.

On what grounds are you contesting this? You knew you weren't supposed to block the tracks so it's not like you weren't aware of the law or disagree with it even. Pay the ticket and next time be more careful and don't pull forward unless there's enough room for your car to clear the tracks. It's for your safety, the safety of everyone around you, and those on the train. Just don't block train tracks ever again.

[J. Allen]

I agree with Kestra, Gryff. When you come to train tracks, don't begin to cross them until there is enough clearance for your vehicle. As much as it sucks, you clearly violated that law. Just count your lucky stars, because what would you have done if a train had come along? The trains on the tracks a hundred yards from our house move at about 65 mph.

[Robert Maxwell]

Yeah, what you did is illegal and dangerous, and you even knew better, so I don't know what you'd say in court to get out of it. Just pay the fine.

[Timby]

Gryffindorian wrote:

---

This afternoon I was driving on my way home, and traffic was at a standstill, so I was stuck on a railroad track. I couldn't back up; there was no space for me to go forward. As luck would have it, there was an Oakland PD police car nearby that signaled me to pull over. The officer said I was not supposed to be blocking the railroad track. (Tell me something I don't know.) He asked for my driver's license, registration, proof of insurance, and shortly thereafter, he gave me a ticket.

It is your responsibility as a driver to gauge the traffic ahead of you prior to attempting to traverse a railroad crossing. Pay the fine; you have no grounds to contest the ticket.

[Gryffindorian]

Thanks, guys, and no offense taken. The officer did say that it was unsafe for me to do that, but I hardly had any choice. What I'm sort of hoping to accomplish is that maybe I could get a lower fine? At this point, I don't even know how much it is because I'm supposed to wait for a notification from the courthouse to arrive by mail.

I believe I may have found the answer to my question(s).

http://www.alameda.courts.ca.gov/Pag...-Traffic-Court

There are "walk-in" court sessions during the workweek in which people can plead their case to the judge (as I mentioned - dismiss the charge or lower the fine). My sister, who once got a traffic ticket, was able to do this one time and got off the hook! Lucky for her.

I don't mind going to traffic school, but in any case, this is going to be expensive (bail + admin fees + traffic school cost).

[CorporalCaptain]

Gryffindorian wrote:

---

but I hardly had any choice

I'll just reiterate every other person who's responded.

If you learn anything from this experience, it should include that "but I hardly had any choice" is a mistaken belief.

Everyone else above me already explained the situation perfectly.

I'll just add that any impatient drivers who were behind you won't be paying for your ticket, so in case you felt like there was some pressure on you to move forward, let me underscore that you did not need to somehow accommodate them by doing something unsafe. And more crucially, they wouldn't have been taking the hit on the train tracks either, if, God forbid, a train had suddenly appeared.

[Admiral Buzzkill]

I've gone to court a couple of times over traffic tickets. In one case, because the fine was so high, I spent money to attend a one-day "driver education" course recommended by the state in question (Virginia). In each case I pleaded guilty but asked for a reduced charge. In one case (Baltimore) they dismissed the ticket and the other they threw out the points and reduced the fine a lot (again, the speeding ticket in Virginia). It still cost me, but the reduced charge kept the thing off my insurance record.

Basically, it was entirely at the judge's discretion because I didn't have a leg to stand on other than that I was taking the matters seriously. Apparently showing up and being respectful can accomplish a lot just by itself.

[Gryffindorian]

^ Did you ever have to schedule a court appearance when you saw the judge, or were you able to go to the walk-in traffic court? Just curious. In my sister's case it was the latter, and since it was a minor infraction, the judge dismissed the ticket, so she didn't pay anything. This is what confused me: contest the ticket or appear in court, both of which would involve going to court anyway. Appearing in court means going to the walk-in traffic court, but the citation was not very specific about the process. The website made it clear for me.

[Collingwood Nick]

We do things differently in Australia. No court appearance, just a fine and loss of points and an almost zero possibility of getting the fine reversed.

Lots of people get hit by trains in this city. Too many level crossings.

Anyway I think there's an episode of the Big Bang Theory that can help you. Season 3 somewhere. Sheldon goes to traffic court. Track that episode down, watch it, don't do what Sheldon does, and you should be fine.

[B.J.]

Gryffindorian wrote:

---

BTW, I live in the SF Bay Area in Alameda County.

But where is Alameda?!?


Sorry, had to do it!

[RobertVA]

B.J. wrote:

---

But where is Alameda?!?


Sorry, had to do it!

It's where they keep the nuclear wessels.

It's also one of the plaves where myths are busted.

[RevDMV]

Funny thing just got a ticket from Alameda myself a few weeks back.

First thing though, you haven't leg to stand on. You were on the track it's illegal, you got popped.

Your only hope by showing up is that the citing officer isn't there. If they don't show up you win by default. Although that doesn't happen too often now as the police are paid for their time in court.

As I am, I would take the available traffic school option. You still have to pay the fine and the school cost but the ticket is off your record. Plus now you can do the school on the internet so no wasted nights or weekends.

Sadly in the budget crunch world tickets have gone way up. My little 15 over the limit, is going to run about 450 after it's all done.

[tighr]

I agree with everyone else, but I'll answer your question.

I live in Kern County, so this is how it works here (meaning, YMMV in Alameda County):
1) Wait for your ticket in the mail. It will have further instructions (likely everything I'm about to spell out).
2) You go to the Traffic Courthouse (separate from the Superior Court) and wait in line with the Court Clerk for a desk appearance. You get a court date.
3) Return for your court date (yes, it's a different day), in which you sit in a room and watch a bunch of other losers try to plead their case to the judge about why they feel they don't deserve a ticket. When it's your turn, he may ask you some questions about it and just answer honestly. He'll either reduce it or ask you if you did it. By the way, this is just like an arraignment, you're essentially making a plea, not trying your case.
4) If you want to plead not guilty, congratulations! You now have to come back for a third time in front of a different judge and try to prove you're innocent. But you're not, so I would take the deal offered in step 3.

Usually, the judge will be lenient with you just for getting off your ass and actually showing up to court instead of mailing in whatever the citation says. Unless you are disrespectful or obviously not remorseful (some of those people are).

Gryffindorian wrote:

---

I was stuck on a railroad track. I couldn't back up; there was no space for me to go forward. As luck would have it, there was an Oakland PD patrol car nearby that signaled me to pull over.

I'm curious how you accomplished this feat if you couldn't pull forward or if you couldn't back up.

[tighr]

RevDMV wrote:

---

Sadly in the budget crunch world tickets have gone way up. My little 15 over the limit, is going to run about 450 after it's all done.

Really? Last ticket I got was about 4-5 years ago, and I was going 81 in a 55 (desert highway). Fine on the ticket came out to $400, plus no traffic school. Since its 25+ over the speed limit, traffic school is not an option unless you appear and a judge offers it to you. So that's what I did. (Awful convenient that I was going 26 over the speed limit, I thought).

After appearing, the judge dropped my fine to $250-ish. He then asked if I wanted traffic school, I said yes. I plead no contest and took his deal. Traffic school was something like $20, and I did it online. After court fees, probably around $350.