The Wife Got a ticket

[Mark]

She was trying to make the u-turn at Naamans and Marsh in front of the bank. She says that the light was yellow. She knew the state trooper was in the right lane because he had just come out of the Dunkin Donuts right before she did.

As I said, she went through the yellow and the cop came from the far right lane, across the traffic and stopped her before the eastbound traffic on Naamans received the green light.

She wants to fight it. The odd thing is that the ticket is not a ticket like I ever remember getting. It is like fax paper. 8 1/2 x 11 sheet of paper that is thin like a thermal sheet.

On it has all the usual info all printed out and even tells you where to send the payment but there is absolutely nothing on the paper instructing her what to do if she wants to contest it before a judge.

Anyone have any recommendations?

[M.Opaliski]

See this Traffic FAQs section of the JP Court website.

[Josef]

I'm assuming there are no U-Turns allowed at that intersection? Otherwise, why stop her unless it's red?

I actually got a speeding ticket last week for the first time in 13 years. I guess it's budget crunch time for the state.

If I had a scanner I would scan the paperwork the cop gave me for the court info.

[hockey]

The second page tells you how to contest it... did she get the second page with the ticket? If she wants to plead not guilty, tell her to go to any JP court and request a trial.... she can do that now.

What exactly was the violation?

[Robb]

She can try the probation before judgment (PBJ).

[EpicWin]

Next time don't make a U-turn on a "yellow light"?

[Mark]

I'm assuming there are no U-Turns allowed at that intersection? Otherwise, why stop her unless it's red?

I actually got a speeding ticket last week for the first time in 13 years. I guess it's budget crunch time for the state.

If I had a scanner I would scan the paperwork the cop gave me for the court info.

You can u-turn there. it is allowed

[Mark]

The second page tells you how to contest it... did she get the second page with the ticket? If she wants to plead not guilty, tell her to go to any JP court and request a trial.... she can do that now.

What exactly was the violation?

there was no second page at all. only one.

can she go to JP for a state ticket?

[Josef]

You can u-turn there. it is allowed

So she got a ticket for making a U-Turn on a yellow light? People turn on yellows all the time. Seems a little ridiculous.

[Chase]

i got a ticket for running a green light before. it is the officers discretion unless you have video evidence or something

in delaware though, they drop the point usually and you just pay the fine, that is, if you didnt have any points already on your license at the time.

[longnecker]

i got a ticket for running a green light before. it is the officers discretion unless you have video evidence or something

O K Chase There has got to more to that story???

[Globus]

From the description of the incident, the only way I think the officer would be justified in issuing a ticket was if she was not already in the intersection when the light turned yellow. The "command" of a yellow light, if you will, is to "clear the intersection". IF she entered the intersection after the light turned to yellow, I suppose it could be considered disregarding a traffic control device. If this is the situation, from what I see on a daily basis your wife must be the only individual in the entire state upon whom this is enforced.

[Tralee]

From what I have heard if your wife asks for a trial the charges may be dropped, on minor things like this the officer more often than not fails to show up and that's the end of it. It does sound a little odd to be ticketed for a U-Turn on a yellow light.

[Bellicose]

From what I have heard if your wife asks for a trial the charges may be dropped, on minor things like this the officer more often than not fails to show up and that's the end of it. It does sound a little odd to be ticketed for a U-Turn on a yellow light.

From the times that I have fought a ticket, not in Delaware, even if the officer fails to appear. You talk to the liaison officer and they will work out a deal for you. Fine may be higher, but you will not get any points. Sometimes the fines are lower. The ticket does not just get thrown out and you are free and clear. Unless things in Delaware are different??

[Joe Walther]

She was trying to make the u-turn at Naamans and Marsh in front of the bank. She says that the light was yellow. She knew the state trooper was in the right lane because he had just come out of the Dunkin Donuts right before she did.

As I said, she went through the yellow and the cop came from the far right lane, across the traffic and stopped her before the eastbound traffic on Naamans received the green light.

She wants to fight it. The odd thing is that the ticket is not a ticket like I ever remember getting. It is like fax paper. 8 1/2 x 11 sheet of paper that is thin like a thermal sheet.

On it has all the usual info all printed out and even tells you where to send the payment but there is absolutely nothing on the paper instructing her what to do if she wants to contest it before a judge.

Anyone have any recommendations?

This is not OFFICIAL legal advice; I’ve explained why many times on this board relative to several past legal matters. With that out of the way once again, here are some of the rules that will apply relative to challenging a traffic citation.

In Delaware, where you challenge a traffic ticket depends on the location at which a police officer issued it. This information should be located on the citation. However, in this case, you’ve indicated that your wife didn’t receive the entire citation.

She needs to call the Voluntary Assessment Center to find out. The last number I have for the center is (302) 739-6911. At any rate, it will be one of three locations: Alderman’s Court, Justice of the Peace Court, or the Court of Common Pleas.

The intersection at Marsh and Naamans Road is a major one. Drivers are free to make U-turns from either direction: East or West. However, Left-arrow-pointing turn signals govern all turns from Naamans Road onto Marsh Road.

Globus made the right call on this. Where turn arrows govern directional turns AND no traffic signs prohibit U-turns, drivers may make them under a GREEN arrow ONLY. And, even if the arrow turns to yellow, the U-turn is legal as long as the driver was into the turn at the time of the change. And, this is the point at which it turns fuzzy.

I wasn’t there when it happened to your wife. But that intersection becomes quite congested for seemingly no reason at all, but particularly during peak driving times, and on school days relative to school busses and parents picking up their children at dismissal time.

I’ve lost count of the near misses in both directions. And, it doesn’t involve just U-turners, either. I’ve watched people—not to mention that I’ve done it myself—hit their accelerators and gun through those turns well after the signal had turned yellow… SOMETIMES even on a RED arrow.

But, as I said, I wasn’t there for this particular incident. However, if your wife intends to fight the citation, she must produce evidence; either credible eye-witnesses or video that shows she had a green arrow or that it had turned yellow AFTER she started into her turn. Otherwise, the police officer wins by default.

And, a final suggestion. Never assume that a judge will drop the charges because a police officer fails to show up for the trial. Depending on how busy a docket is, judges sometimes will dismiss a case. But, it’s more likely that a judge will continue the matter, either to the end of the day’s docket or to another trial date. I’ve seen Court of Common Pleas judges continue cases as many as 5-times.

And, another thing Globus had correct was the fact that this sort of infraction is not high on police officers’ “get-um” list at the state level unless the infraction had resulted in an accident. But, the “everybody else does it” defense never works.

In this case, it sounds as though a police officer just happened be present when this took place. And, “of all the intersections… in all the counties… in all of Delaware, she did a U-turn at his! Here’s looking at you. Kid.”

Good luck with this, GL.

[M.Opaliski]

Excerpt from the Link posted 24 hours ago:

What do I do if I received a voluntary assessment ticket but decide I want to plead "not guilty"? If you decide to plead not guilty after receiving a voluntary assessment, you are requesting a court trial and must appear in court to defend the charge(s). To plead not guilty, sign where indicated on the ticket and mail the ticket or fax both sides of the ticket at the address or fax number indicated above BY THE COURT DATE INDICATED. If you fax the ticket, you should call 302-739-6911 to confirm receipt. If you wish your case to be heard by the Court of Common Pleas, rather than by the Justice of the Peace Court, you may request that your case be transferred directly from the Voluntary Assessment Center to the Court of Common Pleas by sending a letter requesting the transfer along with your "not guilty" plea to the Voluntary Assessment Center.
What is Delaware's Probation Before Judgment program?
If you are required or choose to go to court and are eligible, you may be able to participate in the probation before judgment program. Eligibility for probation before judgment is limited. You are not eligible if you have been convicted of the same offense previously or have been placed on probation before judgment for any other offense within the last five years. Even if you are eligible, it is in the Court's discretion, with the prosecution's consent, whether you will be allowed to enter into the probation before judgment program. Under probation before judgment, you are placed on probation under the conditions set by the Court. If you successfully complete those conditions, you are discharged from probation without any judgment of conviction (which also means that points are not assessed). (Holders of commercial driver's licenses are not eligible for probation before judgment whether or not the holder was driving a commercial vehicle at the ticket was received.)
What happens after I return my ticket indicating I want to plead "not guilty"?
You will be notified of the location, date, and time for your appearance in the Justice of the Peace Court (or Court of Common Pleas, if applicable).
What happens when I go to court?
Most traffic offenses are handled as criminal offenses. Be sure to bring all documents you will need to Court, including the ticket and proof of insurance at the time of the offense. If you plan to have witnesses at trial, you may need to have a subpoena issued.
Will I be assessed points on my driver's license if I go to court?

• If you are found not guilty, you will not be assessed any points.
• If you are found guilty, you will be assessed points in accordance with the policies of the Division of Motor Vehicles
• If you participate in probation before judgment and complete any required conditions, you will not be assessed points if you meet any required conditions.

Can I appeal if I am found guilty after going to court?

• If you were convicted in a Justice of the Peace Court, you may appeal your conviction to the Court of Common Pleas within 15 days of your conviction only if your fine exceeds $100 or you are given any term of imprisonment.
• If you were convicted in an Alderman's Court, you may appeal any conviction to the Court of Common Pleas within 15 days of your conviction.

[Robb]

I did the PBJ and it worked out for me a couple years ago.

[Mark]

is this an offense that comes with points?

and if it doesn't and she fights it will she end up getting points?

[Robb]

Is she DE licensed? At the time I did PBJ I was PA licensed and then later someone told me that DE points don't transfer to PA so I could've just saved some effort and not have tried to avoid the points.

[Chase]

delaware has new rules now. i believe that if you have a currently clean record you dont ge the points you are supposed to and you just pay the fine.

now if you get a ticket in the next 3 years though, you get those point and the old points too.

it is a moving violation, so yes, it is probably 2 points....again though, if she has no points now she wont get them.