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Mitigating circumstances question
#1
Aloha,everyone!
A friend told me about this forum.I am not much of an internet person.
Could use your help if possible.
Usually I am one of those law abiding folks who follows the traffic rules .
I rarely pass other vehicles on the road unless I really have to.
But a couple of days ago I was passing the vehicle which was going like 30 where 45 was ( rental,could be a tourist) after following the car about 5 miles.
I started when it was a broken yellow line.Plenty of time to pass.
For some strange reason the vehicle started to speed up(like the driver didn't wanted to be passed ).Meanwhile the situation on the road (the car behind and oncoming in the distance appeared)made me make a decision to pass.
It was totally safe but when the car in front decided to let me pass it I already cross the double solid yellow line.

The police vehicle was parked at the opposite direction side of the road.

So my question is:

Does it help to write a letter explaining the mitigating circumstances?

The rules are the rules and I have to pay
but I am broke and hoping to reduce the fine.

Any chance the judge will consider the mitigating circumstances?

(It was an option given on the reverse side of the ticket).
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#2
Just wanted to add that if I stopped before the solid yellow or tried to go back I would endanger the oncoming vehicle and the one behind me.
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#3
Plead your reasons, if you are a generally good driver they may allow you to plead to a lesser charge. If you have allot of previous tickets there will be no leniency whatsoever.
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#4
Never hurts to state your case. My daughter did on her first ticket and the judge ruled in her favor.

I suggest handwritten (clearly) explanation.
Assume the best and ask questions.

Punaweb moderator
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#5
Thank you,TheodoreJay!
My insurance gives me a discount 9 years for being a good driver .
Does this ticket ruins everything?
Any chance to clear it? Like going to a traffic school or something?
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#6
Thank you,Rob Tucker!
It says on the ticket that I should reply on the specific tear off form.But have only 21 days.
Should I wait for this form or use the regular paper to reply?
Also afraid that it might be lost in mail.Registered mail may be?
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#7
I would write a respectful letter and I would also go to court on the date to appear. I would call and ask the police on your form question. I've never gotten a ticket in Hawai'i (knock on wood), but I would think you can do traffic school. It costs money though. Then the ticket doesn't go on your record, I believe.

Use certified mail, not registered. Registered is for items of high value that need to be guarded during shipping, like jewelry. Do certified with receipt. Although it is unlikely it'll get lost.

If I were arguing against you, to play devil's advocate, I would say the correct thing to do would have been:
if the driver you are attempting to pass speeds up, you should drop back unless you can see that the line remains broken for enough distance to still accomplish your pass. Where you blew it was sticking with your attempt to pass. The other car acted like a jerk, but that has no bearing on the decisions you made. When I realize that another driver wants to play road games, I suck it up and stay behind unless I have a clear shot.

Best of luck to you!
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#8
Alex, I want to congratulate you on your good luck. You only got a ticket and didn't get plastered by a truck or something. As annoying as that car in front was, the only safe thing to do was to tuck back in behind the car, unless you have enough power to pass before the double yellow line.

Welcome to the club. Many of us have gotten traffic tickets we didn't 'deserve'. It's not a matter of justice, only a matter of when it's your turn.
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#9
highly suggested watching,

http://www.youtube.com/watch?v=ZL70LQPHiQA&feature=related
http://www.youtube.com/watch?v=PcVnzaUduZU&feature=related
http://www.youtube.com/watch?v=a8-W8inFkqQ

remember never be in conflict, ask questions, you are allowed to question all elements of the "crime", remember the burden is "preponderance of the evidence" this is a civil matter not a criminal,

listen closely to what marc is teaching HONESTLY WORTH YOUR TIME.




quote:
Originally posted by Alex

Thank you,Rob Tucker!
It says on the ticket that I should reply on the specific tear off form.But have only 21 days.
Should I wait for this form or use the regular paper to reply?
Also afraid that it might be lost in mail.Registered mail may be?

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#10
quote:
Originally posted by 808blogger

remember the burden is "preponderance of the evidence" this is a civil matter not a criminal,

Uh, except that if traffic offenses were a civil matter, there would not be jail sentences in any cases.

Anyhow, a judge will usually consider a law enforcement officer's testimony to be "a preponderance of the evidence" in a traffic case.

Good luck, but don't get your hopes up.
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