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Pay the ticket or fight it in court?

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little_ey
Posts: 609 - Karma: 392
Boyfriend got a $110 ticket for longboarding today.

Yes, it is illegal here to longboard in the streets.  But here would be the arguments I think he could use to get out of the ticket.

1. officer spelled it "scakeboarding" you could argue that he wasn't doing as this citation states.

2. there are no signs posted in the town about it being illegal to skate in the streets.  It should be marked just as no parking zones are marked.

3. in the high tourist area that we live in, it is probably safer for all of our pedestrians on the sidewalks if a longboarder was not sharing the path with them.

4. he was skateboarding in the open parking spaces, not in the middle of the road... although this one might be considered irrelevant by a judge because of its difficulty in proving.
Jul 22 2009 4:54PM
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SkierX
Posts: 16253 - Karma: 538
1,3 and 4 have NO chance. #2 has a small chance if it truly is in fact not posted anywhere.
Jul 22 2009 4:58PM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
ignorance of the law is not a defense if that's what the op is trying to get at. for instance, there aren't signs posted stating that motorcyclists are required to wear eye protection (in my state), but that doesn't change the fact that you have to do it.

pay the ticket. save yourself the court costs.
Jul 22 2009 5:03PM
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rvca
Posts: 311 - Karma: 13
with the money and effort that would be put into a court case that you most likely wouldnt win, id say just pay the fine but bring the matter up with a town council or comitee
Jul 22 2009 5:04PM
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T.L.
Posts: 4729 - Karma: 3,008
I know someone who got a speeding ticket and the cop spelled several things wrong.  He fought it on the grounds that if the cop can't spell that many things correctly how can he determine the exact speed he was going.

#1 has a chance
Jul 22 2009 5:04PM
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PhilboydStudge
Posts: 3431 - Karma: 206
haha sweet
Jul 22 2009 5:10PM
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SkierX
Posts: 16253 - Karma: 538
ignorance is not an offense, but perhaps there is no law regarding skateboarding as a vehicle of transport. The law regarding skateboarding may pertain to personal property and sidewalks.

If the law simply states no skateboarding anywhere in the town, minus sites designated, the arguement is completely lost.

As for the misspelling, I am assuming the ticket was handwritten, which means that it likely does read "skateboarding", but is sloppily written in haste, so no chance there.

Overall, I'd just pay the ticket and move on. It's more of an argument than is worth fighting for.

Additionally, I feel as if something was left out. I feel that if treated reasonably, the VAST majority of officers would let go with a warning.
Jul 22 2009 5:21PM
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InkShrink
Posts: 1079 - Karma: 30

Just pay it. I tried fighting my speeding ticket because the idiot cop said I was speeding in school zone when I wasn't but the judge wasn't having a very good day so he increased my fine $100.

Not worth it.

Jul 22 2009 5:27PM
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jerad
Posts: 3236 - Karma: 47
you never know, its two completely different situations. while there aren't signs saying you need eye protection, you also pass a drivers test and get a motorcycle license, in which proves that you are liable to understand all of the laws.

there aren't skateboard licenses though, so i think it's comparable to getting a parking ticket without a no parking zone being marked.

maybe give it a shot?
Jul 22 2009 5:37PM
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Kmania
Posts: 756 - Karma: 79
i fight all tickets. a lot of times it gets lowered, and at the very least, it gives you extra time to scrape the money together, because you can pay it up to the court date if you dont want to go in
Jul 22 2009 5:44PM
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_TK_
Posts: 467 - Karma: 128
I would totally fight it, I fought my speeding ticket (I was going 15 over) the judge took it off my record and insurance and I was just fined 160, totally worth it.
Jul 22 2009 5:46PM
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Malcolm
Posts: 15949 - Karma: 9,431
haha cop got fucking owned i love it
Jul 22 2009 5:49PM
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fujarome
Posts: 8630 - Karma: 1,561
i'd just pay. the way you started by telling us that it's illegal there is all we need to know really.

arguing the spelling probably won't do you any good. Cops and judges and judges normally get along quite well, and they'll argue that he was just having difficulty writing it on his citation pad or something like that.

And the rest won't get you anywhere. Going to court with this i'd say will just get a court fine slapped on the end of your fine already
Jul 22 2009 5:50PM
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dmc12380
Posts: 3545 - Karma: 792
my dad got a speeding ticket and the cop wrote down the car was blue or something even though it was silver, so he fought it dont no the outcome though.

ive also gotten a ticket for skating in the streets in boulder, co which i had no idea it was illegal to do so. they pulled me over bombing some hill and thought i was some crazy fuckhead. i had no idea what the big deal was until they told me it was illegal.
Jul 22 2009 6:02PM
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Vikingskier
Posts: 240 - Karma: 4

pay the ticket  i dont think he has a chance unless the cop decides to drop it in court

Jul 22 2009 7:17PM
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Dan.
Posts: 7201 - Karma: 1,126
call the court, say you need time to build a defense and need an extension, then go on the new date. or just keep extending it indefinitely. i drew out a 8 point speeding ticket for a year and then finally went and the cop didnt show.
Jul 22 2009 7:44PM
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J.D.
Posts: 21362 - Karma: 5,141
You need to do the following two things.

1. Pay the ticket.

2. Never ask NS for advice on a legal matter again.
Jul 22 2009 8:01PM
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stefC
Posts: 458 - Karma: 846
If he spelled any single word wrong on the actual ticket given to your boyfriend the ticket is no good, i know its like that where I live. Almost every cop even caries around a pocket dictionary because of it, but like I said, its where i live so dono about other places
Jul 22 2009 8:19PM
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musick13
Posts: 913 - Karma: 44
Just what i was thinking
Jul 22 2009 8:55PM
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srwinnsuco
Posts: 2943 - Karma: 1,472
i'll let the video speak for itself. Fuck the police!

Courtesy of Newschoolers.com
Jul 22 2009 10:22PM
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srwinnsuco
Posts: 2943 - Karma: 1,472
Watch the video nothing was left out. It was a total bullshit move by the Police. Also the ticket clearly is spelled scake boarding, its not a typo. I'm taking this shit to court for sure. The cop didnt even let me get 2 sentences out. He just went on and on about how he's sick and tired of longboarders and so is the city council and I was weaving all over the place and I'm gonna get smacked by a car and blah blah blah. If i take it to court and lose I'm sure as hell not paying there ticket. I'll wait until they want to issue a warrant at which time i'll extend my court date hopefully until forever. THE POLICE ARE NOTHING BUT USELESS REVENUE COLLECTORS FOR THE STATE FUCK UM!
Jul 22 2009 10:29PM
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DrStrangelove
Posts: 1948 - Karma: 3
i agree that the other arguments dont really hold water, but ignorance of the law might work in cases like this.

honestly, longboarding is a grey area, since most people use it more as a mode of transportation than anything else. it's not like longboarding has the potential to destroy property or whatever like regular skateboarding, and it doesnt foster loitering or any bullshit like that that they might have otherwise been able to throw at you.

so i would advise you look up local bicycling laws, which would i would think would be more applicable in a situation like this.

also, if no signs were posted, it should follow that a warning system should be in place, and that a straight ticket is a bit heavy-handed.

obviously dont hire a lawyer for a $110 ticket though, if you want to get out of this, do it on your own if possible.
Jul 22 2009 10:38PM
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quixotic
Posts: 6937 - Karma: 2,978
Damn, that cop seemed like a total dick. It's really hard to hear what was said though even with my volume turned all the way up.
Jul 22 2009 11:15PM
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Elijah.
Posts: 9322 - Karma: 76
I would've just bailed at the point when the video turned off.
How the fuck is a cop going to catch you on a longboard?

On a more serious note, the ticket seems like bullshit. I have a friend who got a speeding ticket on a longboard, it was really funny. 40 in a 25 mph.
Jul 22 2009 11:23PM
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J.D.
Posts: 21362 - Karma: 5,141
No that's an actual legal principle. Ignorance of the law is literally not a defence. If you go in and say "I didn't know about it" they are legally required to tell you "that sucks for you, now pay the ticket". Not necessarily in those words.

The level of ignorance in this thread is unbelievable, by the way, partly because everyone seems so sure that they know what they're talking about. The best hope in this situation is to apply to have the ticket reduced due to economic hardship. You're not going to be able to fight the state. "Oh this is a stupid law, it doesn't harm anything"... did you guys never take a social studies class? The courts don't get to decide what laws are stupid or not, elected officials make the laws, the court is obligated to follow them, whether they agree with your assessment or not.
Jul 22 2009 11:23PM
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J.D.
Posts: 21362 - Karma: 5,141
That, you may be able to challenge, because in most places the traffic laws are written expressly for motor vehicles. Ie the law is you can't drive a motor vehicle over X mph.

By the way, people challenging tickets over misspelled words are likely to (and should) get a verbal asskicking from the traffic judge for wasting his time and the taxpayers' money.
Jul 22 2009 11:25PM
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Wibby
Posts: 292 - Karma: 157
depends in the parking lot was a public lot or private property.  If it was private you may have a case...or just pay the ticket and be done with it. 
Jul 22 2009 11:50PM
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Elijah.
Posts: 9322 - Karma: 76
I'll let him know he can challenge those in the future...

He ended up just paying it because it made for some great footage haha.
I thought bikers could get speeding tickets as well though...
Jul 23 2009 1:11AM
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J.D.
Posts: 21362 - Karma: 5,141
It depends on your local traffic laws. Look them up, they should be online.
Jul 23 2009 1:13AM
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Kotke
Posts: 696 - Karma: 15
man thats shitty, you would think he would just get a warning. one time me and a buddy were longboarding down this big hill outside of town on a highway road thats never busy and some one reported us. the cop rolled up and told us that it was illegal and basically just told us not to do it anymore. end of story.
Jul 23 2009 1:34AM
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steeze2pleeze
Posts: 362 - Karma: 14
my uncle fought a ticket in court once. the cop brought a couple cop friends in as "witnesses" who openly lied in court, and my uncle had to pay for the ticket, and the lawyer and a bunch else. bottom line, in front of a judge it's you're boyfriend's word against the word of a police officer.
Jul 23 2009 1:43AM
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ski-swagga
Posts: 5276 - Karma: 219
this happened to my friend twice in one day it was stupid, but he kinds deserved it cuz he as on a highway weaveing in and out of traffic.
Jul 23 2009 1:46AM
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jakepwilliams
Posts: 895 - Karma: 51
fight it. fuck the power
Jul 23 2009 1:53AM
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steezeeepolizeee
Posts: 8756 - Karma: 796
cop seemed like a douche, your town looks sick though
Jul 23 2009 2:08AM
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neutralzombie
Posts: 8629 - Karma: 606
im sure theres a loophole in the constitution somehwere. god bless america.
Jul 23 2009 12:12PM
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yelsel
Posts: 12967 - Karma: 3,451

This.

Just plead guilty and pay the ticket.

Jul 23 2009 12:17PM
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srwinnsuco
Posts: 2943 - Karma: 1,472
you people who say pay the ticket without even putting up a fight are pushovers. no wonder our country and world is in the state it is.
Jul 23 2009 12:50PM
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neutralzombie
Posts: 8629 - Karma: 606
on top of it, what boggles me, is that people are saying shut up and pay the ticket...you got for SKATEBOARDING. which is pretty stupid to be illegal anywhere.
you wouldn't be too happy if they outlawed twin tips because it was a hazard to all the noobs on the ski hill.
Jul 23 2009 12:53PM
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quixotic
Posts: 6937 - Karma: 2,978
Actually, he got the ticket for "scakeboarding". Some laws are simply retarded.
Jul 23 2009 12:55PM
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fourhundred
Posts: 2760 - Karma: 21
That town looked so nice, where do you live?
Jul 23 2009 12:58PM
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quixotic
Posts: 6937 - Karma: 2,978
In the video section it says he lives in Frisco I think.
Jul 23 2009 1:01PM
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TechnoPotamus
Posts: 11626 - Karma: 3,522
dam dude i'm sorry you have to deal with that. The cop was such a dick. I've had an experience where I got treated even worse. My friend and some kid outside of a bar were about to get into it so I stepped between then and tried to just calm everybody down and leave with my friend....so the other kid pushed me and was about to hit me....so....I fucking cranked him in the face 3 times before a cop came running full speed and tackled me to the ground. Then the took me to jail and kept me overnight and all the next day and treated me like a fucking psychopath. I fucking hate police.
Jul 23 2009 1:11PM
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Che~
Posts: 2108 - Karma: 296
thats great haha
Jul 23 2009 1:40PM
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Twinjibber77
Posts: 6239 - Karma: 2,356
FTP!!!!!!!!!!!!
Jul 23 2009 1:46PM
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Twinjibber77
Posts: 6239 - Karma: 2,356
Well if you weren't wearing a Tall-T and had hair on your head you woulda been fine :[
Jul 23 2009 1:52PM
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J.D.
Posts: 21362 - Karma: 5,141
And yet apparently it IS illegal... do you really not get why they should shut up and pay the ticket regardless of how stupid you feel the law is? Let's look at who's involved here.

1. Skateboarder
2. Police Officer
3. Court

Now, which of these parties do you think has the ability to say "skateboarding's illegal? That's pretty stupid, I agree. You don't have to pay this ticket."

If you answered 1, 2, or 3, your voting privileges are hereby revoked, as you are too ignorant to effectively participate in your own government.
Jul 23 2009 9:37PM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
i actually lol'd.  nice to see that I'm not the only one with a brain.
Jul 23 2009 9:42PM
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NilsJ
Posts: 102 - Karma: 15
go into court and apologize. I got out of of ticket for going 55 in a 35.
Jul 23 2009 10:01PM
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Crack.
Posts: 6020 - Karma: 86
fight it if you want to..you barely have any valid points.
Jul 23 2009 10:07PM
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DrStrangelove
Posts: 1948 - Karma: 3
I know it's an actual legal principle, asshole, and don't call me ignorant. But it's not like the state requires you to have a license to longboard, whereby you would have to go to a class and learn all the laws. And there aren't any legal hoops you're required to jump through in order to obtain a longboard, so the city/state has SOME obligation to inform people of the most basic laws that govern such a benign activity. These days "no skateboarding" signs are almost as common as "no parking" signs, so the ABSENCE of any such warning would almost denote its legality. At the very least, the dude deserves a warning before he gets stuck with a ticket that big.

Obviously, the guy doesn't have a great leg to stand on if he wants to challenge this, but I stand behind my arguments, even though they probably wouldn't work.

And btw, I'm not pulling this shit out of my ass, I've interned at a law firm, taken a handful of law classes in undergrad, and plan to go to law school next year and eventually pass the bar in CO. I know I'm not a lawyer or anything yet, but I know more than you might think about what flies and what doesn't.

This guy's biggest problem is that he ISN'T a lawyer, so it'd be hard for him to get a judge to take him seriously, and if he hired one he'd obviously pay more than $110 for it.
Jul 24 2009 12:17AM
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J.D.
Posts: 21362 - Karma: 5,141
Um... alright... this is not a debate tactic that I am accustomed to seeing so I'm not sure how to respond.

I meant ignorance in the thread generally, not you specifically. It is a lot less ridiculous to think ignorance of law might be a defence than to think that the cop spelling "skateboard" wrong on the ticket is actually going to do anything other than piss off the traffic judge.

PS I advise heavily against law school right now unless you want to flip a coin on actually landing a decent job with 100k+ in debt.
Jul 24 2009 12:23AM
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