I'm a 48 years old and never had a traffic ticket until today. I have been using the same intersection for the past seven years which has a stop sign. Being a creature of habit I proceeded to the intersection with caution made a full stop and then proceeded to make a left hand turn. After I turned there were four state troopers pulling people over and I was one of them. The police officer asked me if I saw the no left turn sign, I informed him I didn't and asked him how long it was there, He replied about three weeks. I haven't been in the area for about a month. He asked me it I saw the stop sign and I told him I have been using this intersection for years and I automatically stop from habit even if I don't actually see the sign. I thought he was going to give me a warning, instead he gave me a citation for violation #316.074. As I was sitting waiting for my $115.50 ticket to be finished, about 11 people made left hand turns and proceeded right past the state troopers without being stopped. I think the three police officers standing on the side were taking a little break. I truly feel this was entrapment and wonder if I can fight this in any way or should I just pay the ticket and and take traffic school to keep points off my insurance which costs an additional $45.00. I am allowed to go to court and fight, but if I lose the judge can make me pay more. How should I proceed
traffic citation
- Thread Starter JodyR
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seniorjudge
New Member
Pay the ticket and take traffic school.
This is not even remotely entrapment.
Definitions of entrapment on the Web:
* A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.
courts.delaware.gov/How%20To/court%20proceedings/
* In criminal procedures, a complete defense. The defendant must show that officers induced the defendant to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him.
www.utcourts.gov/resources/glossary.htm
* a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials
wordnet.princeton.edu/perl/webwn
* In jurisprudence, entrapment is a procedural defense by which a defendant may argue that they should not be held criminally liable for actions which broke the law, because they were induced (or entrapped) by the police to commit said acts. For the defense to be successful, the defendant must demonstrate that the police induced an otherwise unwilling person to commit a crime. ...
en.wikipedia.org/wiki/Entrapment
Thank you for replying to my question. I believe the entrapment wording may have been a little strong, but in my mind I know they were there to specifically get enough citations to fill there quota for the month, it was definately a planned sting operation. What a shame four state troopers that could actually be out catching real criminals in a city with the highest crime rate in the state of Florida.
seniorjudge
New Member
In Florida, more people die in traffic accidents each year than by murder.
seniorjudge
New Member
CdwJava
Moderator
Also note that more wanted criminals are captured in traffic stops than on fugitive warrant details. Additionally, many crimes are solved as a result of traffic stops, contacts, and even citations. I know of two homicides that I worked that were solved because someone received a rather innocuous citation.
- Carl
- Carl
A new update on my citation and need some more advice. The no left turn sign has been taken down, it was up for a total of 23 days. I stopped into the town center management office to inquire who approved the sign. They informed me that they had no knowledge of who put the sign up and who took it down as it was not of their doing, they were going to look into it. Many people who received tickets that day went in to complain and said they were going to fight it in court. I called the orange county sinage department and spoke to the supervisor, he informed me that he he also had no knowledge of a permit approval for this no left turn sign and told me that they don't place signs in town centers as it is the responsibility of the management company. I'm wondering if it is legal to get a ticket for a sign I think was posted illegally and is now removed? Should I go to court with this information and see what happens?
seniorjudge
New Member
...I'm wondering if it is legal to get a ticket for a sign I think was posted illegally and is now removed? Should I go to court with this information and see what happens?
....
If you can get some facts (and you posted none) that proves that the sign was illegal, then show that to the prosecutor when you go to court.
If that doesn't get your ticket dismissed, then plead not guilty. You will get a trial. Show your proof at the trial.
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If you can get some facts (and you posted none) that proves that the sign was illegal, then show that to the prosecutor when you go to court.
If that doesn't get your ticket dismissed, then plead not guilty. You will get a trial. Show your proof at the trial.
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