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Due Care ticket in Tennessee by Boostdreamer
Started on: 02-08-2011 09:58 AM
Replies: 42
Last post by: madcurl on 02-14-2011 02:47 AM
Boostdreamer
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Report this Post02-08-2011 09:58 AM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
I got a ticket a few weeks ago for failure to exercise due care. I changed lanes into the passing lane and found myself directly in front of a cop who had been in my blind spot. I immediately gave the "Sorry pal, I didn't see you" wave and that's when I realized it was a cop. I wasn't speeding or being reckless, we did not collide.

Ticket: $138

Can this be disputed? Can this ticket be issued with no actual accident?

I was also recently run off the road by a city school bus. He admitted fault but got no ticket and the city doesn't want to pay for my exhaust damage.

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Report this Post02-08-2011 10:06 AM Click Here to See the Profile for jaskispyderSend a Private Message to jaskispyderDirect Link to This Post
Yes, you can get a ticket for no accident and as for the bus, take them to small claims court, if you have written proof of their admittance to causing you to be pushed off the road.
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Report this Post02-08-2011 10:07 AM Click Here to See the Profile for PyrthianSend a Private Message to PyrthianDirect Link to This Post
well - that really blows. "due Care" is 100% subjective and at the hands of the officer. now - you most certainly can fight it, and see if the judge agrees if your actions were careless. Not sure how TN works, but in MI, we have "points". and points are a bad thing. raises insurance costs. and, always worth fighting a ticket, just to get the points dropped.

But, I most certainly do NOT see what you did as "Careless", which is the opposite of "Due Care". I have doubts you will be able to get anything but the points dropped (if that exists), due to the fact that Traffic Violations are main revenue for municipalities. Now that they have you, they will extort all they can, and you will smile, and say thank you. If you walk out of court for under $100 I would be surpirsed. tho, that 1/2 day off work to go to court is usually worth it in insurance costs.
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Report this Post02-08-2011 10:11 AM Click Here to See the Profile for skuzzbomerSend a Private Message to skuzzbomerDirect Link to This Post
Trooper or municipal? Jurisdiction? Marked? Was he exercising his own due care or was he following too close for you to see clearly?

One time I brake checked a trooper who was following me so close I couldn't see his freakin headlights (didn't realize he was a cop until he pulled along side once the road widened).
-------/----------/----------
Pyrth- we have a points system here as well... that's why I took half a day off to fight a speeding citation - was able to talk it down to traffic school and kept it off my record. It was worth the short pay to keep my insurance premiums from going up 35%

[This message has been edited by skuzzbomer (edited 02-08-2011).]

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Boostdreamer
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Report this Post02-08-2011 10:22 AM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
City cop in standard cruiser w/ full markings and lights. I never saw him.

Happened about 100 yards from my last stop light. Average traffic for the area. Early morning, people going to work and school.

Jonathan
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Report this Post02-08-2011 10:37 AM Click Here to See the Profile for WhiteDevil88Send a Private Message to WhiteDevil88Direct Link to This Post
Check your mirrors and use your blinkers. If you can't see a marked cop car within 50 feet of you, you aren't paying attention very well. You have no pity from me, I pay my tickets.
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Boostdreamer
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Report this Post02-08-2011 10:52 AM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
 
quote
Originally posted by WhiteDevil88:

Check your mirrors and use your blinkers. If you can't see a marked cop car within 50 feet of you, you aren't paying attention very well. You have no pity from me, I pay my tickets.


Not looking for pity. I'm glad you pay your tickets. I've not had one of any kind in a car or on my motorycle in over 20 years. It doesn't matter how careful you are, you are going to have close calls. EVERYONE has close calls. Do we deserve to get a ticket for each of them? I vote no. If I had been driving aggressivly, I would have understood. There's lots of road rage out there.

Anyone who puts as many miles on a variety of vehicles like I do, who hasn't gotten a ticket in so long, should qualify as a good representative of a careful driver and definately one who knows to keep an eye out for cops.

You can use your mirrors and signals all you want but any Fiero driver knows that we have a blind spot. If you don't turn your head EVERY SINGLE TIME, you can get what happened to me. I do admit I did not look for someone in my blind spot that time. I normally do it religously.

Jonathan
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Report this Post02-08-2011 11:02 AM Click Here to See the Profile for 8BallSend a Private Message to 8BallDirect Link to This Post
You can fight it. A Lawyer will be cheaper in the long run than the added insurance costs.
I got the same ticket 3 months ago. In my Charger, it has a nasty blind spot and the racing seats make it very hard to turn around and look.
I did not see the unmarked city cop who was right in my blind spot. I checked my drivers mirror, my rearview, turned the best I could and looked.. never saw him.
I put on my blinker, waited about 3 seconds and then started to merge, while watching my DS mirror. As soon as I saw him in my mirror I whipped back into my lane and threw up an apology wave. He pulled me over and wrote me a ticket.

Even though he SAW my blinker and stayed right on my quarter panel. So I called my lawyer and he fought it for me. Lawyer cost me $300, Ticket was $150. But the 2 points Iw ould have lost would have raised my Insurance by about $400 a year for the next couple of years. End result, no ticket, no points lost and I was out $300 because the blasted cop insisted on keping the nose of his car on the rear most corner of mine.

[This message has been edited by 8Ball (edited 02-08-2011).]

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Report this Post02-08-2011 11:05 AM Click Here to See the Profile for PyrthianSend a Private Message to PyrthianDirect Link to This Post
well, not sure how you set your mirrors
most people set their mirrors WAY to narrow. they can see the side of their own car when sitting in the normal position. THIS IS WRONG.
having the mirrors set like that will make for HUGE blind spots - especially on the drivers side.

what you do, is sit in normal position. now, lean/tip toawrds the drivers window, until your heads touches. NOW adjust to see the side of the car. This is your starting point. now, for the left side, you see a much wider range. Now, when driving - you should be able to see cars in the rearview mirror, as they come up on the left, leave the rearview mirror, and enter your side mirror, then leave the side mirror, and enter your periphery vision. little head turning should be needed.

for the right side, basicly the same thing. lean right, basicly propping yourself on the center console, then adjust to see the side of the car.

doing this reduces your blindspots ALOT. Fiero's still have a pretty sizeable blindspot - but - the above mirrors adjustments work for all cars.

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Report this Post02-08-2011 11:18 AM Click Here to See the Profile for ButterSend a Private Message to ButterDirect Link to This Post
My first question would be why was a cop following you in your blind spot. Sounds like to me the cop wasn't exercising "due care" by shadowing you in your blind spot. I believe I would carry it to court and site your 20+ record of no tickets the approxiamate safe driving miles you have put in on the roads in those years and appear as if your ticket was passed out as a revenue maker from te cop. Sounds like a cop that needs a "brake/break check"!!
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Report this Post02-08-2011 11:22 AM Click Here to See the Profile for WhiteDevil88Send a Private Message to WhiteDevil88Direct Link to This Post
 
quote
Originally posted by Boostdreamer:


Not looking for pity. I'm glad you pay your tickets. I've not had one of any kind in a car or on my motorycle in over 20 years. It doesn't matter how careful you are, you are going to have close calls. EVERYONE has close calls. Do we deserve to get a ticket for each of them? I vote no. If I had been driving aggressivly, I would have understood. There's lots of road rage out there.

Anyone who puts as many miles on a variety of vehicles like I do, who hasn't gotten a ticket in so long, should qualify as a good representative of a careful driver and definately one who knows to keep an eye out for cops.

You can use your mirrors and signals all you want but any Fiero driver knows that we have a blind spot. If you don't turn your head EVERY SINGLE TIME, you can get what happened to me. I do admit I did not look for someone in my blind spot that time. I normally do it religously.

Jonathan


One thing I did in my Fiero was put a mommy mirror on the windshield that let me see almost 180 degrees behind me. That pretty much eliminated the blind spot.

You didn't get a ticket for reckless driving, or for aggressive driving. You didn't take proper care to check your blind spot before changing lanes. And you got a ticket for failing to take due care. Sounds like you got caught. Do I think people deserve to be ticket every time they violate a traffic code? Well, that is the law. I certainly don't want a ticket every time I speed, but I definitely pay more attention to my speed after getting a ticket. I imagine that you will be paying more attention when changing lanes in the future. Maybe the next time you could have wiped out someone on a motorcycle or something less conspicuous then a marked patrol car. Be grateful that it only cost a few bucks to learn the lesson.


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Report this Post02-08-2011 11:30 AM Click Here to See the Profile for SCCAFieroSend a Private Message to SCCAFieroDirect Link to This Post
Pyrthian beat me to it. If you have a blind spot in a car the size of a Fiero you need to properly adjust your mirrors. If you see the side of your car in the outside mirrors your rear vision is only 2-3 degrees wider than the inside mirror.

If you did not see the police car, how do you know he was not rapidly gaining on you and your failure to use due care made him hit his brakes to avoid an accident. Sounds like a good call on his part. A LOT of accidents happen because of all the good drivers that failed to look that one time.

You can still fight it to avoid the points, though I would not be too overconfident.
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Report this Post02-08-2011 11:33 AM Click Here to See the Profile for BoondawgSend a Private Message to BoondawgDirect Link to This Post
 
quote
Originally posted by WhiteDevil88:


You didn't get a ticket for reckless driving, or for aggressive driving. You didn't take proper care to check your blind spot before changing lanes. And you got a ticket for failing to take due care. Sounds like you got caught. Do I think people deserve to be ticket every time they violate a traffic code? Well, that is the law. I certainly don't want a ticket every time I speed, but I definitely pay more attention to my speed after getting a ticket. I imagine that you will be paying more attention when changing lanes in the future. Maybe the next time you could have wiped out someone on a motorcycle or something less conspicuous then a marked patrol car. Be grateful that it only cost a few bucks to learn the lesson.



I have to agree.

But I think the cost is too high.
I would ask for a reduction of the fine.
It was a mistake, not a habit or intention.

But I guess the ticket is correct, you did not use "due care".
I cannot think of anything else to call it.

I hate giving bad news.
Can we still be friends?

[This message has been edited by Boondawg (edited 02-08-2011).]

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Report this Post02-08-2011 11:37 AM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
 
quote
Originally posted by WhiteDevil88:


One thing I did in my Fiero was put a mommy mirror on the windshield that let me see almost 180 degrees behind me. That pretty much eliminated the blind spot.

You didn't get a ticket for reckless driving, or for aggressive driving. You didn't take proper care to check your blind spot before changing lanes. And you got a ticket for failing to take due care. Sounds like you got caught. Do I think people deserve to be ticket every time they violate a traffic code? Well, that is the law. I certainly don't want a ticket every time I speed, but I definitely pay more attention to my speed after getting a ticket. I imagine that you will be paying more attention when changing lanes in the future. Maybe the next time you could have wiped out someone on a motorcycle or something less conspicuous then a marked patrol car. Be grateful that it only cost a few bucks to learn the lesson.



Please explain to me how I can pay MORE attention to lane changes in the future when I have already stated how careful I normally am, including turning my head for lane changes? Other than sticking my head out the window like a dog, I can't get much more careful.

Grateful for a lesson that only cost a few bucks? First of all, that is a lesson I know and don't need to be taught. Second, $138 isn't cheap by my income and situation. Third, just seeing the car in my mirror, cop or not, was enough to provide any additional incentive to be safe while driving. Can these situations be grounds for "citizen's arrests"? Can we now follow someone who cuts us off and call the police to join the chase and receive monitary damages for the inconvienience? If so, I'll gladly pay for mine if I can get paid when it happens to me.

Maybe this wouldn't matter to me so much if the driver of the school bus who did the same thing to me, and forced me up onto a concrete median, had gotten the same ticket. As things stand now in that situation, without a ticket being given, the city is not shown as being at fault and they have no intention of paying for the damage to my car.

Jonathan
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Report this Post02-08-2011 11:47 AM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post

Boostdreamer

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I've had a lot of defensive driving training in my life. None because of remedial training for traffic tickets. I have been driving by my self since I was about 12. I took drivers ed in high school. I had driver training in the Army where I learned to drive trucks. I took the Motorcycle Safety Foundation course at least twice. I also went to bus driving school in the Army. I had more driver training when I was hired at the Post Office and I have untold miles of delivering mail for 15 years without incident.

One thing common to each of those classes is that they teach you that if you can't see the other driver, you have to assume he can't see you. They teach you to look at the mirrors of other vehicles to see if you can see the faces of the drivers. No face - no see.

That is a pretty basic rule and I'm sure the cop has heard that as much as I have if not more. I have to believe his driving practices contributed to the incident. As such, I don't feel any compelling need to fork over $138.

Jonathan

[This message has been edited by Boostdreamer (edited 02-08-2011).]

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Pyrthian
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Report this Post02-08-2011 11:54 AM Click Here to See the Profile for PyrthianSend a Private Message to PyrthianDirect Link to This Post
 
quote
Originally posted by Boostdreamer:
......As such, I don't feel any compelling need to fork over $138.

Jonathan


nor I - no collsion - due care was expressed by all.
but that doesnt matter. police have become revenue enforcement. and you are up to pay your dues. which really sucks with such highly subjective laws. Due Care?! wtf does that even mean?! this could include ANYTHING. A fine "work around" for due process. Instant excuse to pull anyone over & search them. Likely something created to make it easier to pull over and search for illegals - is that problem in your area?
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Report this Post02-08-2011 12:03 PM Click Here to See the Profile for skuzzbomerSend a Private Message to skuzzbomerDirect Link to This Post
 
quote
Originally posted by Pyrthian:

Likely something created to make it easier to pull over and search for illegals - is that problem in your area?


Not as bad as it used to be... at least, where I'm at. Police found a loopbole that let's then deport illegals entirely or, at the very least, pawn them off on the feds.
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Report this Post02-08-2011 12:03 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
 
quote
Originally posted by Pyrthian:


nor I - no collsion - due care was expressed by all.
but that doesnt matter. police have become revenue enforcement. and you are up to pay your dues. which really sucks with such highly subjective laws. Due Care?! wtf does that even mean?! this could include ANYTHING. A fine "work around" for due process. Instant excuse to pull anyone over & search them. Likely something created to make it easier to pull over and search for illegals - is that problem in your area?


EXACTLY - Revenue Enforcement - couldn't have expressed it better. Too busy sitting on the side of the interstate waiting for those dreadful speeders to look 100 yards up the road and notice the theives stealing my catalytic converter!

Jonathan
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Report this Post02-08-2011 12:09 PM Click Here to See the Profile for WhiteDevil88Send a Private Message to WhiteDevil88Direct Link to This Post
 
quote
Originally posted by Boostdreamer:


Please explain to me how I can pay MORE attention to lane changes in the future when I have already stated how careful I normally am, including turning my head for lane changes? Other than sticking my head out the window like a dog, I can't get much more careful.


You stated that you didn't look. That is enough for the ticket.


Grateful for a lesson that only cost a few bucks? First of all, that is a lesson I know and don't need to be taught. Second, $138 isn't cheap by my income and situation. Third, just seeing the car in my mirror, cop or not, was enough to provide any additional incentive to be safe while driving. Can these situations be grounds for "citizen's arrests"? Can we now follow someone who cuts us off and call the police to join the chase and receive monitary damages for the inconvienience? If so, I'll gladly pay for mine if I can get paid when it happens to me.

Maybe this wouldn't matter to me so much if the driver of the school bus who did the same thing to me, and forced me up onto a concrete median, had gotten the same ticket. As things stand now in that situation, without a ticket being given, the city is not shown as being at fault and they have no intention of paying for the damage to my car.

Jonathan[/QUOTE]

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Report this Post02-08-2011 12:14 PM Click Here to See the Profile for WhiteDevil88Send a Private Message to WhiteDevil88Direct Link to This Post

WhiteDevil88

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quote
Originally posted by Boostdreamer:


Please explain to me how I can pay MORE attention to lane changes in the future when I have already stated how careful I normally am, including turning my head for lane changes? Other than sticking my head out the window like a dog, I can't get much more careful.

Grateful for a lesson that only cost a few bucks? First of all, that is a lesson I know and don't need to be taught. Second, $138 isn't cheap by my income and situation. Third, just seeing the car in my mirror, cop or not, was enough to provide any additional incentive to be safe while driving. Can these situations be grounds for "citizen's arrests"? Can we now follow someone who cuts us off and call the police to join the chase and receive monitary damages for the inconvienience? If so, I'll gladly pay for mine if I can get paid when it happens to me.

Maybe this wouldn't matter to me so much if the driver of the school bus who did the same thing to me, and forced me up onto a concrete median, had gotten the same ticket. As things stand now in that situation, without a ticket being given, the city is not shown as being at fault and they have no intention of paying for the damage to my car.

Jonathan


Well, I did give you the tip about the blind spot mirror. But really being careful is looking and signalling for every lane change. Citizens arrest? You can make arrests for felonies or misdemeanors, not for traffic fraction.$138 is not an insignificant amount, but compared to injuring, maiming or killing someone in a traffic accident, it is a bargain.
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Report this Post02-08-2011 12:16 PM Click Here to See the Profile for twofatguysSend a Private Message to twofatguysDirect Link to This Post

Get a lawyer, the money paid to him will be far less than the ticket (long term). And I don't care if you are guilty, or not, Sober or drunk, if you ever go into a court house without a lawyer, you are not using your rights wisely, and will lose them.

Brad
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Report this Post02-08-2011 01:02 PM Click Here to See the Profile for ZebSend a Private Message to ZebDirect Link to This Post
I don't know the procedures inyour area, but you MAY be able to plead this down without a lawyer. If the officer agrees to it.

First question: was he mad at you? I recently cut off a cop by accident, and he Was Not Happy. If he remembers why he was mad at you, he won't agree to a deal. If he was just writing another ticket, and you can show him a clean record, good attitude, etc. he will probably agree to a plea deal.

Second Question: Are you concerned about the money, or are there points going on your license for this? Will your insurance go up for this violation? If it's just a fine, no points, no insurance charges, and you're sure of this, just pay up. There is no cheaper alternative.

Third question: How do you intend to "dispute" the charge? You admitted you didn't see him. You changed lanes "directly in front of" him. Basically, you're out of luck. That's what WhiteDevil's been trying, in his oh-so-gentle and diplomatic way, to tell you. You, unfortuately, are Guilty as Charged. Your only option is a Plea Bargain.

A plead bargain is done through the Prosecutor. Typically where I live, everybody (who knows better) shows up WAY EARLY at traffic court and the prosecutor will talk to each one to ask if they plead Guilty or Not Guilty. You two discuss the case, and this is the time to ask for a deal. In NJ we have a catchall offense: Disregarding a Traffic Control Device or somesuch BS term. In your case, you disregarded the lane stripe. The prosecutor, MAY, at his discretion, and IF the citing oficer agrees, let you plead to some other, hopefully lesser, charge. In NJ, this means a small speeding ticket, or careless driving ( both worse than "Failure To Exercise Due Care), which carry points, can be turned into the lesser offense. BUT the lesser offense CARRIES A HIGHER FINE! They know this, and do it on purpose.

In case you haven't guessed, I've been to traffic court a few times. Nobody wants to hear about your incident with the Bus. Don't even bring it up. Nobody cares about your "Guilty with an explanation", I've NEVER seen a judge do anything but say: "Pay the Clerk on your way out."

I don't know if prosecutors or judges in TN have the authority to change or eliminate fines. I've never seen it happen in NJ. They do have the authority to change the charges against you. IF and only if they all think you're the nicest guy in the world, support Law Enforcemnt, and just made an honest error. But THEY WANT THEIR MONEY! If you're getting out of points or insurance surcharges, they've GOT to do something to make this hurt just as much, and that's jacking the fines up.

So that's how it plays around these parts. My advice, if you can't/won't get a lawyer, is to go to Traffic Court BEFORE your court date. Your driving record indicates that you're totally unfamiliar with the process. Go to the town where the ticket was issued. See how the Prosecutor deals with Defendants. See who the local lawyers are. They all know each other, see which one is the prosecutor's buddy. If you can afford to lawyer up, GET HIM. A simple in-and-out Traffic ticket deal may only be one or two hundred bucks. If there's a deal to be made, he'll get it for you. If you don't want a lawyer, you'll see how the system works, and what doesn't. The prosecutor will probably NOT talk to you about your case unless it's your court date. Can't hurt to politely ask, if he doesn't look busy.

Have you checked your court date? I got ticketed a few weeks ago, and the court date was SIX DAYS LATER! Just so I wouldn't have time to think of a defense. If you've missed your court date, They Will Not Be Pleased.

Good Luck?
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Report this Post02-08-2011 04:37 PM Click Here to See the Profile for Formula88Send a Private Message to Formula88Direct Link to This Post
If you fight the ticket with the cop in your blind spot, it will go something like this....

Officer - he cut in front of me without looking.
You - he was in my blind spot and I couldn't see him.

Judge - Learn how to use your mirrors. Guilty. Pay the clerk of court.

As much as it blows, you weren't exercising due care when making that lane change. If the roles had been reversed, say you were in the blind spot of another car - or bus - and it ran you off the road, would you want to sue or them to get a ticket?
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Report this Post02-08-2011 05:34 PM Click Here to See the Profile for skuzzbomerSend a Private Message to skuzzbomerDirect Link to This Post
 
quote
Originally posted by Zeb:

I don't know if prosecutors or judges in TN have the authority to change or eliminate fines.


They do if certain conditions are met... my speeding ticket carried a $1 fine when I pleaded down but I still had to pay court costs for processing.

Don't forget, there's a chance he (the officer) won't show up at all... but I wouldn't count on it. Its actually a fairly painless process and, if a due care cite doesn't put points on your license, it's probably cheaper just to work out a bargain. Probably a decent scolding and a small fine will be levied against you.

Use a payphone and call the police department in question - at their office number, during business hours (09:00-16:30hr) and ask about it.
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Boostdreamer
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Report this Post02-08-2011 05:36 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
Here's my only option other than paying the ticket straight out. What if I go to court by myself? Maybe the cop won't show. Will I even get a chance to say he was in my blind spot or make any statement at all? How do I know if any points are involved if there was no accident? Worst case scenario, I have to pay full price of ticket and court costs? Or can it be worse? What would I likely have to pay for court costs?

Jonathan
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Report this Post02-08-2011 05:53 PM Click Here to See the Profile for Cheever3000Send a Private Message to Cheever3000Direct Link to This Post
You gotta know where all the cars around you are at all times, and whether they are coming up into your blind spot or whether you're going into theirs. Sorry, but no sympathy from me either. It has nothing to do with him being a cop. If you had cut me off, I'd be upset about it. Like others said, pay more attention. You said you are. Well, then, pay MORE attention. You DID do something wrong, the cop didn't do anything wrong. So make sure it doesn't happen again. "The life you save could be your own."
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Report this Post02-08-2011 06:08 PM Click Here to See the Profile for Doug85GTSend a Private Message to Doug85GTDirect Link to This Post
Sorry, but the blind spot is not a defense.

http://www.tennessee.gov/sa...cations/05Manual.pdf

page 67

 
quote

7. Changing Lanes
Changing lanes on a
multi-lane highway or
interstate should never be
done without thinking and
looking. Absent-minded
lane changing is extremely
dangerous. Common sense,
alertness, and courtesy are
all essential to your safety
and the safety of other
drivers. Use the following
steps to help you make safe
lane changes:
• Pay attention to clearance
space ahead and behind
your vehicle.
• Check your rearview mirrors.
• Signal your intention to change lanes.
• Look over your shoulder in the direction you will be
moving.
• Look behind you to both sides again.
• CHECK YOUR BLIND SPOTS. As shown to the right the
driver in front cannot see the motorcycle or other car just by
checking his mirrors. He would need to physically turn his
head and look over his shoulder in each direction to see
those vehicles next to him.
• Change lanes gradually and carefully.
• Do not cruise in the blind spots of any vehicles ahead of
you.
When a driver ahead of you (in your lane or the lane next
to you) signals a lane change, slow down and leave space for
the change. Do NOT speed up or change lanes yourself until
the other driver has completed his intended movement.
Otherwise you could interfere with his lane change and
contribute to a dangerous situation or accident.
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Report this Post02-08-2011 06:22 PM Click Here to See the Profile for Formula88Send a Private Message to Formula88Direct Link to This Post
 
quote
Originally posted by Boostdreamer:

Here's my only option other than paying the ticket straight out. What if I go to court by myself? Maybe the cop won't show. Will I even get a chance to say he was in my blind spot or make any statement at all? How do I know if any points are involved if there was no accident? Worst case scenario, I have to pay full price of ticket and court costs? Or can it be worse? What would I likely have to pay for court costs?

Jonathan


If you go to court by yourself you have a few options.
In some cases the DA will ask before court begins if anyone wants to plead down their case. This is usually done for speeding tickets.
Other than that, you wait for your case to be called. If the cop doesn't show up, the case is dismissed.
If he does show up, you tell your side of the story and then go pay the fine.

You won't win with the "blind spot" excuse. Accept that. Going to court is basically flipping a coin to see if the cop doesn't show, which is s slim chance.

If you have questions on the fine/court costs, read your ticket. It should list it on the ticket. Any questions beyond that really should go to the clerk of court where you're case is to make sure you get correct information. As I understand it, the fine/court costs is the same whether you go to court or mail it in.
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Report this Post02-08-2011 06:49 PM Click Here to See the Profile for skuzzbomerSend a Private Message to skuzzbomerDirect Link to This Post
 
quote
Originally posted by Boostdreamer:

Here's my only option other than paying the ticket straight out. What if I go to court by myself? Maybe the cop won't show. Will I even get a chance to say he was in my blind spot or make any statement at all? How do I know if any points are involved if there was no accident? Worst case scenario, I have to pay full price of ticket and court costs? Or can it be worse? What would I likely have to pay for court costs?

Jonathan


Court costs are already factored into the price of the citation - what you see is what you'll pay in most cases

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Report this Post02-08-2011 07:05 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
Thanks for all the advice and posts. I'll let you know how it turns out.

Jonathan
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Report this Post02-08-2011 07:21 PM Click Here to See the Profile for ZebSend a Private Message to ZebDirect Link to This Post
 
quote
Originally posted by Boostdreamer:

Here's my only option other than paying the ticket straight out. What if I go to court by myself? Maybe the cop won't show. Will I even get a chance to say he was in my blind spot or make any statement at all? How do I know if any points are involved if there was no accident? Worst case scenario, I have to pay full price of ticket and court costs? Or can it be worse? What would I likely have to pay for court costs?

Jonathan


The cop will, most likely, show. He gets paid OVERTIME to show up there and make your life difficult. If he sees you nicely dressed, and respctful, he'll be inclinded to deal if the prosecutor asks.

If you request a trial, they'll have to give you one. You versus the prosecutor, with the cop as the only other witness. Sure, you'll tell your story. Won't, as others have cited Tennesee law, make any difference.

You can call the Clerk of the Court, at the phone number on your ticket, and ask about points, fines, court costs, etc. They're happy to tell you, and i've never had a hard time from them. they get paid whether you beat the ticket or not. It's their job to answer such questions.

If you request a trial, and LOSE (you will), you are liable for the full fine and court costs. A trial takes time from the court, that's why you get charged court costs if you lose. That's why the prosecutor will take plea bargains. The town gets their money, and he gets to go home sooner. So does the judge, and the cop. And you. Typically, Plea Bargained cases, and just plain Guilty Pleas, are handled FIRST. If you want a trial, you have to wait untill all the other business is done.

A phone call to the Clerk can tell you a lot. Don't bother with a pay phone, they don't care. If the Clerk can't answer your questions, call the prosecutor's office. You can't even DISCUSS your case on the phone, but they might be able to give you a better idea of court costs, when to show up, etc.
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Report this Post02-13-2011 12:48 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
I had my day in court - AND WON!!!

The ticket was thrown out and it just left me with court costs. $75 - Not free, but better than $138 plus points and insurance increases.

I was hoping that the cop wouldn't show. He didn't. But, neither did any of the other cops. Evidently, they don't have to show up here. They went through almost everyone else before calling me. I guess most of the other stuff wasn't something that could be questioned. Several of those cases were previous guilty pleas that were supposed to have paid by then but showed up to say they still didn't have any money. Several registration issues also.

Anyway, it was my turn and he asked me if I wanted to plead guilty or not guilty. I said not guilty. Then he explained that I could have a trial if I couldn't work something out with the prosecutor. He and I exited the courtroom and sat down on a bench and I told him about my driving record, my driver training, my use of various classes of vehicles, my time as a professional driver, and I showed him the police report from my school bus accident where no citation was issued even though there was property damage.

He told me of a story about someone in his blind spot and some kind of trouble it caused.

Long story-short, he felt like the cop was more to blame than me. It was his decision and offer to dismiss the ticket as a warning and pay court costs only. I agreed to his proposal. My only question now is whether or not I could have asked for the court costs to be reduced?

Jonathan
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Report this Post02-13-2011 01:22 PM Click Here to See the Profile for 8BallSend a Private Message to 8BallDirect Link to This Post
Congrats!!!
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Report this Post02-13-2011 01:34 PM Click Here to See the Profile for BoondawgSend a Private Message to BoondawgDirect Link to This Post
I believe that was fair.
The question is, do you?

Do you think $75 dollars & "time served (court)" will make you be more aware & cautious of that blind spot?
If so, I would say the system worked.
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Report this Post02-13-2011 02:41 PM Click Here to See the Profile for Formula88Send a Private Message to Formula88Direct Link to This Post
 
quote
Originally posted by Boostdreamer:

I had my day in court - AND WON!!!

The ticket was thrown out and it just left me with court costs. $75 - Not free, but better than $138 plus points and insurance increases.

I was hoping that the cop wouldn't show. He didn't. But, neither did any of the other cops. Evidently, they don't have to show up here. They went through almost everyone else before calling me. I guess most of the other stuff wasn't something that could be questioned. Several of those cases were previous guilty pleas that were supposed to have paid by then but showed up to say they still didn't have any money. Several registration issues also.

Anyway, it was my turn and he asked me if I wanted to plead guilty or not guilty. I said not guilty. Then he explained that I could have a trial if I couldn't work something out with the prosecutor. He and I exited the courtroom and sat down on a bench and I told him about my driving record, my driver training, my use of various classes of vehicles, my time as a professional driver, and I showed him the police report from my school bus accident where no citation was issued even though there was property damage.

He told me of a story about someone in his blind spot and some kind of trouble it caused.

Long story-short, he felt like the cop was more to blame than me. It was his decision and offer to dismiss the ticket as a warning and pay court costs only. I agreed to his proposal. My only question now is whether or not I could have asked for the court costs to be reduced?

Jonathan


I'm glad you beat the ticket, but don't kid yourself. The judge didn't think the cop was at fault for anything other than not showing up in court. Before he ever started talking to you, he knew if you pleaded not guilty it would have to be thrown out. He was just trying to to make you think about it so hopefully you'll be more careful in the future.
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Report this Post02-13-2011 04:18 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
The judge didn't get to hear any of the details of the case. He didn't have any problem with dismissing the ticket. They were the nicest court folks I've ever dealt with.

Jonathan
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Report this Post02-13-2011 04:52 PM Click Here to See the Profile for Formula88Send a Private Message to Formula88Direct Link to This Post
The details of the case didn't matter since the officer didn't show up.
You beat the ticket and that's the important part. Not sure about having to pay court costs when your case was dismissed, though.
You're happy you didn't get the points/fine.
The city still gets some of your money.

Everybody wins.
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Report this Post02-13-2011 05:10 PM Click Here to See the Profile for pontiackid86Send a Private Message to pontiackid86Direct Link to This Post
It is rour right to fight it but its gona be hard to make a case when you were in the wrong. as for the damage from the bus they will not relate the 2 incidents at all in court. you may win one you may lose one or you may win them boith or lose them both. the courts are not a planned set of occurrences.. Its all up to the judge
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Report this Post02-13-2011 08:19 PM Click Here to See the Profile for madcurlSend a Private Message to madcurlDirect Link to This Post
 
quote
Originally posted by Butter:

My first question would be why was a cop following you in your blind spot. Sounds like to me the cop wasn't exercising "due care" by shadowing you in your blind spot. I believe I would carry it to court and site your 20+ record of no tickets the approxiamate safe driving miles you have put in on the roads in those years and appear as if your ticket was passed out as a revenue maker from te cop. Sounds like a cop that needs a "brake/break check"!!


Only a moron would drive in a person's blind spot for more than 15-30 seconds. The only explaination the officer should've given was, "he was checking to see if you're on the cell phone or drinking." You can forget about trying to inform the officer he was in the wrong. They're ego will stand in the way and generating revenue for the city is "king." Best bet is to lawyer up.

As for me I've seen this happen on a regular basis here in CA were morons will come from nowhere and stay in your blind spot without ever passing. It's like they're "car-spooning" or something. A few years ago (while traveling in the slow lane on 85 hwy) a woman driving a white Caravan coming up at a faster speed decides to stay next to me. I'm sitting there thinking, "Is this woman going to pass me or what?" The next moment she decides to venture into my lane with me in it! I veer to the right, speed up, and honk my little Fiero horn vehemently at her! Pissed-the woman honks back in rage and decided to ride me while trying to chase me. It was then I turned and gave her the, "angry black guy stare." I think it was then that she realized she was now stepping into dangerous territory. The time: 5:30AM with nearly nobody on the hwy. No freaking excuse for her to be near me especially in my blind spot!
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Report this Post02-13-2011 08:45 PM Click Here to See the Profile for BoondawgSend a Private Message to BoondawgDirect Link to This Post
 
quote
Originally posted by madcurl:


Only a moron would drive in a person's blind spot for more than 15-30 seconds.


Oooops.
Am I susposed to be looking out for other peoples blindspots?
I mean, I always make myself visable to 18 wheelers, but am I susposed to be doing that for everyone?

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