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Old 12th April 2009, 21:02   #1
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Default Got Pulled over (In US - Chicago) and given date for court appearance - Need HELP!!!!

So here it goes. The inevitable happens- I got pulled over and got a citiation for a court appearance.

It was funny after all those speeding and stuff I do in Michigan - I got pulled over In naperville for a failure to YIELD LEFT and driving without insurance.

Well anyway this is what happened. I had just purchased another car from Chicago ( was hunting from craigslist) and then saw the ad for this 1999 Honda accord coupe with just 97K miles. It was coming kinda in my budget so I went , talked to the guy, bought it. Buying from craigslist is kinda fast here- so i paid in money on the spot - he removed his plates. Then I was driving it back home to my cousin's place so that i could by insurance and put my plates on and drive it to michigan ( as per Michigan law you can drive a purchased car home without plates)

So while doing this - I didn't know the way to my cousin'd house so I was following his car closely. It was green for him on a left turn He did the left . I looked straight and saw a car- I slowed for him to go straight but he didn't, he stopped. So I proceeded with the left. Once i finished the left the car turned behind me and he put on his lights. IT WAS NAPERVILLE POLICE. There was a speedway gas station nearby I pulled into that and then stopped.

The first thing he asked was where are your plates- I told him I just bought the car and am driving home to put on my plates- being sat 9pm. I won't be able to register too since the office is closed.Then he asked for insurance and i told him I don't have any- I've to buy some.

He took my license and went away for a long time. He came back with 2 citations (for a court appearance in Wheaton field court -IL), I told him give me a fine and let me go away- I live 500 miles from here and I can't appear to court - but he asked me to go to court anyway.And that is on april 16th. And he told that if I or a guy who'll stand for me (with a notarized affidavit from myself) don't make it to court that day they'll send a warrant for my arrest.

Well since I cannot go to IL again (to far) - I've hired a lawyer and asked him to do the necessary. He has an affidavit from me telling that i won't be able to atend court. He told he is going to fight the case for not yielding while turning left telling that there was no accident and i passed safely. The other citation will be plead guilty and since this is the first time i got pulled over ever he thinks that I might be off on probation and $350 fine.

Now guys I need opinions - is there anything else which I should do?? keep in mind that I'm still a student and relying on my credit card to pay for this fiasco. I promply got insurance because if the court decides that this should go on my records then my insurance will shoot up.Since it was sat I managed to get insuance valid only from Monday onwards.
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Old 13th April 2009, 04:27   #2
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i think if the lawyer made a good argument that it was weekend and could not get insurance i think the court will agree with you.

i donot think there is nothing wrong even with the left turn you made, did you cross the line after the left turn signal turned red, then it is your fault. but if you crossed the line when the light is still green and the light turned red after you crossed the line. it s legal turn according to newyork law. you can still make the turn but the driver in opposite lane has right of way.

please correct me if i am wrong.
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Old 13th April 2009, 06:45   #3
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You did the right thing by getting an attorney - hopefully the lawyer is local and knows the DA or ADA and can work out a deal - happens all the time. Make sure you don't get any points, even it means that you have to make a "donation" to a police benefit charity.
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Old 13th April 2009, 07:38   #4
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The left turn is allowed by police even when it turns just red and you are stopped (only for one car of course). They wouldn't usually mind such things. Maybe he charged you on this because you
were found wanting in other aspects.

I think he stopped you because of the number plates and everything else followed.

Last edited by srishiva : 13th April 2009 at 07:39.
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Old 13th April 2009, 09:15   #5
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your legal counsel's standing is right. dont worry too much; on the plates part -- always make sure you have plates valid for atleast another month after you purchase the car and get the relevant documents countersigned from the seller. helps you register the car in a jiffy at the local mvd office
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Old 13th April 2009, 10:04   #6
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Left turn is not allowed on green (CIRCLE GREEN), if "YIELD" is mentioned. It will be green for the cars coming against you on the other line and the get the priority.

There are two conditions for the left turn.

1. You have a LEFT ARROW indicator ON for you. Safe to take left turn in this case.

2. OR you have the CIRCLE GREEN indicator ON for you. In this case you have to make sure no cars in your sight that wants to go straight/turn right on the other line.
It is an offense, even if the car coming against you is giving way as you make an attempt to take left. He can give you way and call 911.
In your case you are really unlucky as the car given you way itself is cop!

Not sure of the consequences of driving without insurance. Each state has different laws, so it is tough!.
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Old 13th April 2009, 21:01   #7
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I agree with SJ_Koova.

Anyway, try to recollect exactly what happened before the cop stopped you. It will comein handy, if the lawyer has to speak on your behalf.

Also, I don't the cop should have given you a citation for not having the plates. if you had a bill of sale that showed the date, he should have let you go. Did the cop ask for the title of the car? If yes, he should have seen that the car was bought the very same day.

I say this from experience, and don't intend ridiculing an office- Not all cops are smart ( or educated, for that matter). Guess this guy was one of them!
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Old 13th April 2009, 21:38   #8
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He saw the bill of sale and the title. That is why he toold he is not writing me up for no plates. If he had written for that also I should have 3 counts instead of current 2.

Count 1:- failure for not yielding
Count 2:- No proof of insurance in car.

I'm confused with the lawyer. He didn't ask me what all I did before I got pulled over- he just asked was there any accident when you didn't yield for oncoming traffic. I told him no ,and then he told he can get that dismissed.

The car was actually insured by the guy that day from whom I bought it, and if he could show his proof of insurance I could've walked scot free. I talked to him but he is unwilling to give a copy of his proof on insurance. THe lawyer told if I can get that copy of his insurance ,he can get that too dismissed - but since he is not willing to cooperate , the lawyer says he can somehow get me off on court probation - since anyway I have insurance now and never got pulled over before. There will be fines though.

Hope that works.

Points to keep in Mind - If anybody has AAA insurance and if you sell your car , don't cancel it. If you buy a new car your old insurance is valid on the new car for 2weeks - till you inform AAA. My mistake I cancelled my policy.

Last edited by Jomz : 13th April 2009 at 21:41.
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Old 13th April 2009, 21:52   #9
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What happened to your cousin? If he lives nearby couldn't he have gone to court for you??
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Old 13th April 2009, 21:57   #10
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The very fact that no one was injured,shows that you should be able to contest the citation and have it dropped. Also, if the cop noticed that you waited for a few seconds before you turned left, it proves to show that you were in no way trying to endanger the lives of others on the road.

I guess thats the main reason car dealers don't let you drive a car off their lot without insurance. Just remembered that when I bought my 1st car from a used-car dealer in Toledo, I had a friend drive it back to where I live.
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Old 13th April 2009, 21:58   #11
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In US you have to buy everything- even help.

my cousin's company is hit by recession and he is scared to skip even one day. They are hit by recession and looking for a reason to layoff people.

And this lawyer is the guy who went for my cousin when his license almost got supended. He somehow got probation for my cousin. Hence the lawyer.

Last edited by Jomz : 13th April 2009 at 22:12.
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Old 16th April 2009, 19:24   #12
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The verdict :-

1, Failure to yield left - dismisssed
2, driving without insurance - 500$ fine (there goes my new tyres) and on court supervison till July 2nd. No points will be assessed if I complete supervision without any tickets.
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Old 16th April 2009, 19:36   #13
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Jomz, I am happy that first point got dismissed---I was kinda confused as to where you'd gone wrong.
500 bucks is pretty steep, but take it in your stride and carry on with life. Thanks for sharing this on this forum---we now know what precautions to take when we visit the US
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Old 16th April 2009, 21:18   #14
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Something positive to look at- no point added to your record. Thats the last thing you need, especially as a student.
I know there's no need to mention this, but do be cautious until everything gets cleared up. Any restrictions on driving ( such as driving with another individual at all times) ?
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Old 16th April 2009, 21:35   #15
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Quote:
Originally Posted by Jomz View Post
The verdict :-

1, Failure to yield left - dismisssed
2, driving without insurance - 500$ fine (there goes my new tyres) and on court supervison till July 2nd. No points will be assessed if I complete supervision without any tickets.
500 dollars?!?

*Faints*

At times like these I'm quite happy to be in corrupt old India, where the official fines are of the order of 500 rupees.

Edit: So what happens if you can't pay the 500 dollars? Imprisonment?

Last edited by Perakath : 16th April 2009 at 21:40.
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