The Rules of the Game: Beat that Speeding Ticket
A former police officer takes you through a step by step explanation of how the most commonly used Police Radar devices operate and explains the most prevalent flaws in their use. In addition, he discusses the training requirements for radar operators, factors that influence their ability to identify speeders, and other issues that can be used as a defense strategy in court.
The author gives very easy to follow examples of questions that can be asked during a trial as well as general strategies that can lead to a more successful outcome to an encounter with law enforcement both before and after the actual traffic stop.
The reader is given an inside look at what police officers know and the public does not. He demystifies the enforcement of speeding violations and illustrates the ease at which a case can be won with just a little bit of knowledge and the right questions.
HOW SHOULD I PLEAD?
There are four types of pleading available to you that you can enter for your ticket.
Guilty: I made a mistake, here’s my money, raise my insurance…go ahead and stick it to me!
Guilty with an explanation: I made a mistake, but let me tell you why, before I give you my money, and you raise my insurance and stick it to me.
Nolo Contendere: It’s the Latin translation for “No Contest”. All right I’m guilty, but I just don’t want to tell you I’m guilty out loud. Here’s my money, raise my insurance…go ahead and stick it to me.
NOT Guilty. This is the ONLY thing you should be interested in. Not guilty does not necessarily mean that you did not commit the crime. All it means is that the Prosecutor now has to prove beyond a reasonable doubt that you DID commit the crime. The Prosecution has the burden of proof, not you. If the citing officer does not show up for the trial, that’s not your problem, it’s the prosecution’s.
All you have to do is enter a simple motion to dismiss due to the lack of prosecution’s witness. Do not agree to a continuance if asked. What they are asking is for you to come back so they can have a shot at you.
Don’t give them that chance. If the officer doesn’t show—which sooo many times they do not, then the judge will most likely dismiss your ticket. If it comes down to it, tell the judge how hard it is for you to make it to court—missed work and missed pay, babysitters, health problems…whatever. The judge may feel sorry for you and will dismiss the ticket because the officer did not show up.
DO YOU NEED A LAWYER? You’re only going to need a lawyer if jail time is possible with your sentence. Some of the citations that could involve jail time would be a DUI or a DWI. Driving a vehicle on a suspended license, an accident involving a hit and run, or if a felony was committed while you were using your vehicle. Drug or weapon possession, robbery, manslaughter, hit and run, anything along those lines. If your case involves any of these points, a lawyer is definitely recommended. If not, figure out the cost of the attorney’s fees and weigh them against the fine and how much you’ll be paying in insurance premiums.
Some attorneys specializing in traffic tickets will charge between fifty and one hundred dollars for their services. You may be able to plea bargain for a driving school certification in lieu of a larger fine.
This is an affordable alternative that you may want to look into. You really can’t handle the above without the use of an attorney. Secure one for these purposes. Most attorneys have a pretty good relationship with prosecutors, and they know their way around the court system far better than you possibly can. If you feel that the pricing is okay, and the services that you will be retaining will assist you in making a good settlement, consider one of these people and utilize their specialties to help you out, simply because it’s easier on you in the long run.
Once you hire an attorney, you have lost control over how your case will be handled because he will be the one taking care of it for you. However, you do gain the advantage of his knowledge of the legal procedures and you’re the one with the most detail as to the events surrounding the particular citation. Industry statistics states that if you do testify on your own behalf and you ultimately convict yourself by stating the wrong thing, about 9/10ths of all traffic cases would not have benefited from use of an attorney.