I got a ticket for not stopping at a stop sign. But I did stop. The officer was searching for evidence of DUI. Now ...

Asked over 5 years ago - Madeira, OH

This was just a setup to try to find DUIs, but since he didn't find it, he had to issue a ticket to justify the stop.

Now I can pay the $130 fine, or go to court about it. It's not just the money that is the problem, but the bigger issue I have is getting "points' which will affect my insurance rate.

It is a small town and surely the court officers/judge know and probably work hand-in-hand with the police and will support them, right? I mean, it is just his word against mine, and they are going to back up their police department. Is that pretty much the case?

Should I go to court? Do I have any hope? I don't think I'll do very well expressing myself in court - I'm a professional but think I'll be nervous, and
feel there is very little chance that I would win. Advice?

Additional information

Additional information - I asked why I was being stopped and he said, "You don't know?" And I said, "No". And he said, "Did you see that stop sign back there?" And I said, "Yes, did I kind of stop and go too quickly?" And he said, "You didn't stop at all." At that point I knew he was lying to me, so I just shut up because I knew there was no chance of dealing with him, if he was going to make that up. Then he proceeded to quiz me relentlessly about drinking, what's in my car, what do I smell, where I've been, etc. After he gave me the ticket, he came back to the topic: "Are you sure you haven't been drinking?" and so on, repeatedly. He didn't care about the stop sign, it was never mentioned again, only his interrogations about alcohol.

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . The best advice I can offer is for you to explain that you did stop. Getting a lawyer to advocate for you may be worth saving those points on your insurance renewal.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed MD professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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