So, today I was driving to a place I never been. In order to get on the 1 South, I had to cross over the road, turn right, then make an immediate right onto the freeway. I accidentally missed the right turn lane onto the freeway, as the road either went right to the freeway or to a stop sign, where a right turn would be permissible. I put on my blinker, made sure it was safe, and turned right at the stop sign, and an officer pulled me over for making an illegal right turn. He said the oncoming traffic did not have a stop, and i was supposed to turn in the right lane beforehand (which I missed). Understood.
The officer took my license and insurance, and said the insurance was not up to date (which it isnt on the card, but the car has current insurance). He said, I am giving you a ticket for expired insurance (he never said he was giving me a ticket for illegal right). So, he returned to the car, said, always have current insurance on you from this point on, handed me the ticket, said to sign at the x, and said drive safe. A minute down the road, i realized it was NOT what he said, it was a right turn moving violation!! I know the right turn may have been illegal, but he SAID ONE THING AND DID THE OTHER! My friend was there to witness the conversation. Do i fight this in court?
Thanks.
Billy Mack
06-13-2008, 05:26 PM
The citation is your notice of the charges against you.
silkwood
06-13-2008, 06:30 PM
So, today I was driving to a place I never been. In order to get on the 1 South, I had to cross over the road, turn right, then make an immediate right onto the freeway. I accidentally missed the right turn lane onto the freeway, as the road either went right to the freeway or to a stop sign, where a right turn would be permissible. I put on my blinker, made sure it was safe, and turned right at the stop sign, and an officer pulled me over for making an illegal right turn. He said the oncoming traffic did not have a stop, and i was supposed to turn in the right lane beforehand (which I missed). Understood.
The officer took my license and insurance, and said the insurance was not up to date (which it isnt on the card, but the car has current insurance). He said, I am giving you a ticket for expired insurance (he never said he was giving me a ticket for illegal right). So, he returned to the car, said, always have current insurance on you from this point on, handed me the ticket, said to sign at the x, and said drive safe. A minute down the road, i realized it was NOT what he said, it was a right turn moving violation!! I know the right turn may have been illegal, but he SAID ONE THING AND DID THE OTHER! My friend was there to witness the conversation. Do i fight this in court?
Thanks.
If you had insurance, is their a law stating you have to have that in your car, I know I don't get a card every month, and I pay monthly. Go to court.
Billy Mack
06-13-2008, 06:55 PM
But he wasn't cited for not having insurance.
Jackson5
06-19-2008, 07:44 AM
I think the Officer was giving you a break on the insurance violation, since you would have produced proof of insurance at the administrative hearing.
Having said that, "this citation is not a valid case of action". (no damaged party = no violation of any ones legal rights) The citation is the transaction of a security interest.
Look's like you have been charged with an offense and not with a crime. (administrative vs. judicial)
See: http://en.wikipedia.org/wiki/Violation
I wonder if the STATE has subject-matter jurisdiction in this allgeged court case?