WWYD ticket pay it or fight it?

[Edensmum]

I got a ticket last week. I was running out of gas, literally, not cutting it close, but out. I was a few cars behind the one at the light where there was a side street that lead to a gas station. I used the emergency lane to cut into that side street, fearing that if I waited another light cycle I would be stranded in traffic with a disabled vehicle, very pregnant, with my dd with me. I thought I could at least make it to the side street which would be safer than walking on this busy highway with dd. So I pulled in and got a ticket for using the emergency lane. Yes I told the officer I was out of gas, no he didn't care. So I got the ticket, I filled up the car, which takes 20 gallons and it took 20.239 gallons. I have this receipt saying so.
In my opinion, getting off the highway while I had the opportunity was the safest bet. The officer was of the opinion that I should have let the van run out of gas and waited for an officer to come assist us.
Anyway, now I have to decide if I ought to fight the ticket. It's 104 dollar fine and 3 points. I have never had so much as a parking ticket and my ins said that unless I make a claim, they will not ever pull my record so it's really unlikely to affect my ins.
The reason I would consider not fighting it, is I feel really upset about the whole thing and like going to court and having them not that I had an actual reason for getting off the road, would be like going through it all over again with all the stress of the court Etc. I am wondering if just paying it, which is a lot of money for us right now and forgetting about it would cause less stress and would be the better course. This pregnancy has been really stressful and I honestly don't want to deal with anymore. Is it worth just sucking this up and paying or should I go through the fight anyway?

[blisstwins]

I would fight it. That's just me. That officer had a real bee in his bonnet I think.

[codex57]

I would fight it. At the least, you could get off without any points on your record.

[TwinFoxes]

I think if the officer shows up, you'll lose. :( You did break the law. I read your BP post, and I think the officer will say to the judge what he said to you, "how many gas stations did you pass when you weren't in the breakdown lane" (I'm not saying he should have given you a ticket btw.)

In California, people often fight tickets because the cops tend not to show up. If NJ is like that, normally, I'd say fight it, especially since you can't afford to pay the ticket. But reading what you say about stress, etc, it's a tough call.

Thank goodness it won't affect your insurance, that's a relief.

[wellyes]

I wouldn't fight it since technically you were guilty. I understand the judgement call you made, but personally, I'd not want to deal with the situation any more unless I was certain I'd be exonerated.

[Edensmum]

I think if the officer shows up, you'll lose. :( You did break the law. I read your BP post, and I think the officer will say to the judge what he said to you, "how many gas stations did you pass when you weren't in the breakdown lane" (I'm not saying he should have given you a ticket btw.)

In California, people often fight tickets because the cops tend not to show up. If NJ is like that, normally, I'd say fight it, especially since you can't afford to pay the ticket. But reading what you say about stress, etc, it's a tough call.

Thank goodness it won't affect your insurance, that's a relief.

Yeah, he didn't care, had no idea I was actually sitting in traffic long enough to run out without passing anymore Etc. He just didn't care at all. This is what I am trying to avoid going through again. Is it worth the stress of keeping that appointment and being told that they all don't care. Honestly I am not sure I did break a law either. You are supposed to pull into the emergency lane with disabled vehicles. Pulling off the road completely since there was a side street right there left that open to emergency vehicles, which is their major concern, and had us out of traffic, which is safer than in it and not moving. I still think it was the right thing to do. This seems to be a zero tolerance thing and I think this enforcement of it was wrong, but I don't think they will care. I am wondering in the long run, if it just doesn't matter. That's it's worth taking this one thing off my plate.

[Edensmum]

I wouldn't fight it since technically you were guilty. I understand the judgement call you made, but personally, I'd not want to deal with the situation any more unless I was certain I'd be exonerated.


This is where I am I think. I did enter that lane, I don't think this was improper use of that lane. They are writing tickets for that right now, so I don't think it matters to them, why. I think it sucks, but I don't think it will change anything.

[Laurel]

You could fight it, but how upsetting would it be if you lost? My guess is that the judge might see your story as a "false dilemma" and side with the cop, as rude as he may have been to you in a bad situation.

Honestly, I'd just pay the ticket.

ETA: I was worried I sounded too harsh, wanted the OP to know I completely sympathize!

[clc053103]

I would fight it- in NJ there is a chance the officer is a no-show, and even if he shows, if you tell your story with sincerity, I will bet you walk out better than if you just paid the ticket- either a no-points ticket, or reduced fine.

[kristenk]

I'd be tempted to fight it. I don't know if it would change anything, but I wouldn't stew about it later (and I know that *I* would!) and wonder what would have happened if I had tried to explain...

I think that whatever would be less stressful for you is the option to go with, whichever that might be.

[boogiemom]

Yeah, he didn't care, had no idea I was actually sitting in traffic long enough to run out without passing anymore Etc. He just didn't care at all. This is what I am trying to avoid going through again. Is it worth the stress of keeping that appointment and being told that they all don't care. Honestly I am not sure I did break a law either. You are supposed to pull into the emergency lane with disabled vehicles. Pulling off the road completely since there was a side street right there left that open to emergency vehicles, which is their major concern, and had us out of traffic, which is safer than in it and not moving. I still think it was the right thing to do. This seems to be a zero tolerance thing and I think this enforcement of it was wrong, but I don't think they will care. I am wondering in the long run, if it just doesn't matter. That's it's worth taking this one thing off my plate.



I think they are going to tell you that you should not have waited so long to fill up and the emergency lane is for disabled vehicles which yours was not as you were able to pass thru it. I really don't think you will win this one if the officer shows and it will just result in more stress and aggravation for you. Please make your best effort to keep atleast 1/4 tank so you don't find yourself in a similar situation again. It would be terribly dangerous, especially with an infant in tow. Put it behind you and focus on all of the positives that you made it without running out of gas, getting stranded, carrying a toddler, blocking traffic.......

[egoldber]

Check into all the fees involved first. I got a ticket for something dumb (on my part) about 6 months ago. I considered going to court, but then when I looked at the website I realized there was a $60 "processing fee" even if I went to court. So I was still out $60 and the ticket was only $45. So I decided it wasn't worth my time and mental energy and just paid it.

[ciw]

Check into all the fees involved first.

:yeahthat:
I don't know about New Jersey in particular but in some states, if you show up to court you will almost certainly have your fine and points reduced just for showing up. But in other states, if you're found guilty then you are also responsible for court fees which means your fine could be substantially larger than what you're already facing.

[jenfromnj]

You may want to consider going to court and just talking to the prosecutor beforehand--sometimes they are willing to work with you if you show up and plead your case (I'm in NJ and my DH is a lawyer who used to deal with municipal court). They usually impose additional fees as mentioned above (processing fees and such), but for a 3-point ticket, it might be worth it to pay the fees depending on what the points would do to your insurance (if anything).

As for the officer not showing up, I know in our town and a bunch of others around here, if the officer is not there and you want the ticket dismissed, they may tell you that you need to come back to give the officer a chance to be there. That stinks, but I think it's a way to avoid paying the officer OT to sit in court unless there's a reason for him to be there.


ETA: If you want to tell me (or even PM me) the town, I can probably tell you what the standard fees would be, and possibly even who to contact--you may be able to talk to them in advance and save yourself the trip if they won't work with you. Although, if you're super PG, it might help to show up!

[mytwosons]

Years back, I was in somewhat of a similar situation in that yes, I did do whatever the ticket was for, but there were extenuating circumstances. I went to court, explained myself and they put the ticket aside for 6 months. If I had received another ticket in that six months, I would have had to pay for the first one. But, no tickets, so they wiped the first. I did have to pay some court costs that were almost as much as the ticket, but since my record was left clean, my insurance rates didn't go up.

[Sheila]

:yeahthat:
I don't know about New Jersey in particular but in some states, if you show up to court you will almost certainly have your fine and points reduced just for showing up. But in other states, if you're found guilty then you are also responsible for court fees which means your fine could be substantially larger than what you're already facing.


Yes, this. I will never pay another ticket again w/o going to court.

Of course it is easier and less stressful to just send the ticket in, but just by showing up, they seem to reduce both the fine and the points. And really, it is not all that stressful, because they do not make you "prove" your case.

Btw, I have seen this firsthand in both NY and MA.

Good luck w/ whatever you decide!
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[TonFirst]

I would go to court and fight it *IF* I had an otherwise great driving record.

[MamaKath]

:yeahthat:
I don't know about New Jersey in particular but in some states, if you show up to court you will almost certainly have your fine and points reduced just for showing up. But in other states, if you're found guilty then you are also responsible for court fees which means your fine could be substantially larger than what you're already facing.
:yeahthat:

I know in MD they often reduce fines/points if the officer has not shown "grace"to begin with. I haven't lived in NJ in recent years, so am not sure how many of the municipalities there work these days. So if you were clocked speeding at 65 and he wrote it at 60, then they won't but if you are clocked at 65 and he wrote it for 65 they sometimes will. I would look into the fees and think about how you will feel if they make you pay+ fees.

[R2sweetboys]

I think it may be worth it to go to court. Last year I got a speeding ticket and another violation since my registration had expired. I decided to go to court(even though I was guilty as charged) and the officer was there. The way it works here is there are a large group of offenders scheduled at the same time. If the officer is there, you meet with him/her to discuss the violation. I really had to say very little-he looked at the ticket, offered to drop it to 9MPH over(much less than my original fine) and he dropped the registration violation! I was SO happy that I went. If he didn't show up at all, it would've been dropped altogether. Ask around, see if anyone you know has done this and find out what their experience was. Good luck!

[egoldber]

Ah, I missed that it was 3 points. My ticket was just a fine, no points, so it didn't make a lot of sense to fight it. I would fight for 3 points though.

[truly scrumptious]

I would recommend going to court - DH had a similar situation last year where he was *guilty*, but he showed up at court and spoke very politely to both the judge and officer, and they dismissed the ticket (because of his previously clean driving record.) His situation was similar to yours in that the officer was abrupt and rude while issuing the ticket, but friendly and reasonable in court. So you may find the same thing.
I think if you show up heavily PG and ask explain (nicely) how stressed you were, how you thought you might be about to break down, you had a DD in the back etc., you may get the ticket reduced at the very least. (As the PP said, you may not have to "prove" your case.)
Here's a site DH found helpful - probably doesn't apply exactly to your situation, but it gives some useful info on fighting tickets in general:
http://www.motorists.org/ma/beat.html
I would not recommend basing your argument on how the officer didn't seem to care - that'll just set you up as adversaries, when having him on your side might help your case.
Good luck!

ETA - DH told them he was bringing his mom home to meet her grandson (DS) for the first time, which is why he may have gotten carried away and been speeding (all true). Contrary to what the website above said, he found them sympathetic.

[Veronica's Mommy]

I would just pay it. I've never faught a ticket (or gotten one for that matter) but it seems like too much of a hassle to go through- PG, getting a babysitter, etc. And then if things didn't go your way you'd feel worse. JMO.

[Veronica's Mommy]

Just came to mind that around here you can take a defensive driving course (costs as much or more than the ticket usually) instead, and have it not go on your record. I think it's how it work anyway, I've never had to do it. Look into it for your area!

[Twoboos]

Last time I got a speeding ticket I fought it. $150 plus whatever increased insurance. No way was I paying.

First I had to go and meet with the Magistrate. DH was supposed to be home with the kids, and couldn't at the last minute. I dragged them to the courthouse w/me. I HOPED having DDs w/me would bring me some mercy - did not work out. (And no one in the waiting room could believe I brought them AND the Magistrate didn't dismiss the ticket!!) She offered to knock $50 off. I said no thanks, I wanted it gone.

So then I went before the judge. I was polite, told him I was going w/the flow of traffic, not aware I was going over the limit and had a clean record for at least the previous 10 years if not longer. He dismissed it, thank goodness.

From ticket to judge, nine months had passed. Can't hurt to give it a try.