Beat The Speeding Ticket Method.
1. Set the Stage: Depending on where you were cited, you may have to ensure that several elements will be present at trial.
You will need to find out if the arresting officer will need to be there (or whether you will need to subpoena him), what method was used to tag you, how many MPH you are listed as driving when tagged, and whether or not you will need to submit a request for discovery.
You see, in order to make it even more difficult for the prepared person to beat his ticket, some counties and jurisdictions make some special requirements in the small print.
You’ll need to ensure that you do not fall victim to these tricks, and set the stage properly. Examine the ticket. In the instructions section, there may be a sentence or two telling you how to request the presence of the arresting officer. If it says anything like this, then follow the instructions carefully and make sure the officer is there, or else you will be facing off against written testimony, which will result in you losing the case.
If it states that you need to subpoena the officer, do it. Call the clerk, do whatever you need to do. If the ticket says something about discovery, they are trying to force you to show your hand. Simply respond by saying “The Defendant requests that the prosecution present the foundation of evidence for the charges.”
This will cover you when the prosecution asks for a delay in order to retrieve the appropriate documentation, without being specific e enough to tip your hand. Next, look for and record any indication of how fast you were driving. Remember, you aren’t charged with speeding, you’re charged with driving X MPH specifically. In order to convict you, the opposing side will have to provide concrete evidence that you were driving exactly that fast, and that’s what you’re going to undercut. Finally, you will need to find out which device was used to measure your exact speed.
Often times, it will be printed right on the ticket. If not, call the clerk of the court and find out yourself. If they still don’t tell you, then don’t fret. You will simply have to be prepared for whatever technology they state was in use at the trial.
1. Find Applicable Case Law: In order to beat your ticket, you’re going to have to let the judge know of the precedent case law. What this does is inform he judge of rulings of the Supreme Courts in certain states regarding the necessity of strict testing and documentation of radar guns and speedometers.
The case law is what prevents the judge from simply dismissing your argument on the grounds that he doesn’t feel the equipment needs to be tested in order to be accurate. Every state in the Union is its own sovereign entity, and only case law from that state’s Supreme Court or from the United States Supreme Court is binding. This can pose a bit of a problem, as there are no speeding cases in the Supreme Court’s history and only seventeen states have Supreme Court rulings on the subject.
Technically, the case law isn’t binding unless you happen to live in one of these states.
However, the case law is very persuasive, and will still provide an excellent foundation for your case. If the judge rules against you, then you will almost certainly win your appeal. Go to your local law library (these are generally open to the public and can be found in universities with law schools) and have the attendant help you locate the following cases: In Kentucky case law, Honeycutt vs. Com. In New York case law, People vs. Perlman In Missouri case law, St. Louis vs. Boecker In Minnesota case law, State vs. Gerdes Enlist the services of the clerk, as this can take years of training to locate and is the focus of the entire first year of law school. Once you have found all of these cases, print them out and keep them safe until your trial date. 3. Go to Court:
When your trial date arrives, you need to be as mentally prepared as possible. Read this chapter all the way through several times, practice in front of friends and family, and be sure to dress sharply. The courtroom setting can be very intimidating. If this is your first time fighting a case, I recommend that you visit a traffic courtroom on another date to see what it’s like. The prosecutor will be pressuring defendants to cut plea bargains and is very adept at making you feel uncomfortable or unknowledgeable in order to get you to pay up, so study his or her techniques before your case is called. You will notice how the judge is spiteful of excuses or pity-stories.
The only thing that will convince him is an argument of law, which is exactly what you are armed with. The trial will also move very quickly, in order to give you less time to think and keep you nervous. When your name is called, you will need to take the following steps: 1. Is the arresting officer present? If the arresting officer isn’t present, and you haven’t already tried to move the date yourself, then there’s a good chance that the prosecution will move to reschedule the date. The judge will reschedule it unless you object. Object at the first possible opportunity (the judge will always give you a chance to respond) and say the following: “Your Honor, this trial is scheduled for today. If the prosecution does not have proper evidence, then this is not my responsibility. I motion that this case be dismissed on the grounds of no evidence.” As long as you haven’t already rescheduled, your case will be dismissed here.
The prosecutor will know that they are stuck, and won’t even bother trying to object. 2. If the officer is present, then you will need for the prosecution to say that they rest their case. Do not take any action before you hear these exact words, or they will have time to fetch the appropriate documentation.
The prosecutor will interview the officer, and ask him for the specific circumstances of the arrest, the condition of his equipment, and whether or not it was tested. After the prosecution rests, ask the judge if you can approach the bench. He will grant you permission. Go up to the bench and present the judge with your case law, stating “This is pertinent case law that I will use as the foundation of my argument.”
You will then take the following actions, depending on whether you were caught via speedometer or via radar: If you were caught via radar: You will be cross-examining the arresting officer. Ask him or her the following: “Officer, how exactly is it that you tested this radar device for correct functionality?” He will describe how he tested it, either with tuning forks at 30,50, and 70 MPH or against the speedometer of another police car, or he will say that he pressed the automatic internal check button.
If he only responds with the internal self-check, then you will ask “Officer, is it true that you also need to check these devices with the appropriate tuning fork?” If he says “no”, then ask for dismissal on the grounds that the officer is not properly trained to use the unit, as every one of these devices has tuning forks that the manual (and the case law) insists upon. If the officer says “yes”, then ask him the following question: “You are aware, sir, that in order to record a speed with legal certainty, the manual of these devices requires you to calibrate the device both before and after an arrest?”
If he says “no”, then ask for dismissal on the basis of lack of training. If he says “Yes” then ask the following question: “Officer, can you show us the log on where you recorded that the device was working properly both before and shortly after the arrest?” He will probably not have the logs with him. If he doesn’t, ask him the following: “Sir, is it true that, if the device is tested before and shortly after the fact, one can assume that the device was working properly?” He will say yes. Continue with: “Sir, because you cannot prove that you tested the device before and after the arrest, can you say with 100 percent certainty that the device was getting an accurate reading?” He will be forced to say “no.” If he does, ask the judge for dismissal. If he says yes, ask him to provide evidence to back up his claim that the device was in working order.
He will not be able to provide any, so ask for dismissal. If he says something along the lines of “I tested it against other cars and it was accurate” say: “Sir, can you prove via testing that the device was accurate for these other readings on the log?”
He will say no. Say to the judge: “Your Honor, I ask that this case be dismissed based on lack of evidence. If the officer cannot prove, with legal certainty, that the device was in working order, then there is no verifiable way for the prosecution to prove that I was driving at the alleged speed.” You will likely have your case dismissed.
If the officer came prepared with the logs which show the readings, you must change your strategy and attack the tuning forks. Ask the officer if he is aware that the tuning forks used to test the device need to be sent to the manufacturer every six months for testing. If he is not aware, ask for dismissal based on his lack of training. If he is aware, ask the following: “Officer, can you provide the proper documentation that these forks were sent in for the proper maintenance?” He will not have this documentation, so ask for dismissal. If you were caught via speedometer: Approach the officer and cross-examine him as follows: “Officer, was the speedometer used to clock this speed checked recently? If so, how?” If he answers that he personally checked it, ask him if he has any training in speedometer maintenance. He will say no.
Ask him the following question: “Officer, if you have no training in this matter, can you say, with 100% legal certainty, that the speedometer was in proper working order?” He will say no. If he does, ask for dismissal as listed in bold below. If he says yes, say “Officer, you just went on the record saying that you have no training in this matter. Do you have any documentation from a trained professional to back up this claim?” He will not.
Ask for dismissal. If he answers that the Maintenance department checked the equipment (to the first question) then ask the following: Can you provide documentation of the last time this speedometer was checked? If he doesn’t have the documentation, then ask for dismissal. He probably won’t. If he does, ask the following: “Can you provide the vehicle history of this specific vehicle, showing that it was not involved in an accident, had its tires changed, or any other act of maintenance that can affect speedometer readings since the last time this speedometer was tested?”
He will not be able to provide this. Ask for dismissal in the following manner: “Your Honor, I motion for dismissal based on the fact that the prosecution cannot prove with legal certainty the working order of the device and therefore cannot prove the exact alleged speed.” That’s literally all it takes to get your case dismissed. Often times, when prosecutors see you set this up, they will simply give up and ask for dismissal themselves. Common Objections Of course, the prosecutor or judge may try to object to your methods. If the Prosecutor tries to reschedule the trial date in order to procure the documentation, say: “Your Honor, this trial is scheduled for today. If the prosecution does not have proper evidence, then this is not my responsibility. I motion that this case be dismissed on the grounds of a lack of foundation of the evidence.”
The judge will side with you. If the judge tells you that he doesn’t believe that the records are necessary to prove the device is in working order: “Your Honor, the case law that I have provided you clearly establishes precedent.
These devices are required to be tested, and such testing is to be documented and provided as evidence.” If the prosecutor states that you did not subpoena the correct documentation before the trial date: “Your Honor, it isn’t my responsibility to request that the prosecution provide the proper foundation for their evidence.” What NOT to Do There are certain pitfalls that certain people commit that can ruin even the best of cases. Avoid the following like the plague: Do NOT testify against yourself:
Do not allow the prosecutor to bring you to the stand. Simply say that you would prefer not to testify against yourself. Do NOT admit to speeding:
During the proceedings, don’t even talk about how fast you were driving, as this can be used against you.
Do NOT motion the prosecution to provide evidence before the trial: The element of surprise is your greatest weapon. Don’t show your hand too early; act like everyone else until you’re ready to pounce.
Do NOT ask for a jury trial: This will allow the prosecution to prepare and tip your hand. If you avoid these mistakes and follow my system, then chances are that you’ll avoid that ticket altogether. No points, no fees, and no insurance hikes.
This system really works!
All you need to do is print out my system, study it, bring it with you, and you will be successful.
What does this mean? Simply put, this system enables you to avoid the ridiculous penalties involved with paying off a speeding ticket. I understand that everyone needs to speed sometimes. Whether it’s an emergency or you simply had a lapse in concentration, nobody deserves the long laundry list of punishments that go hand-in-hand with being pulled over.
The state and insurance companies depend on this money to thrive. People tend to assume that speeding fines are fair without fully questioning the ulterior motive that insurance companies and city governments have when you get issued a ticket.
This method is the only foolproof way to legally avoid paying your ticket. You now know that, through the use of my system, there is a way to avoid being one of the sheep in the flock and protect your hard-earned money and record.
My system teaches you how to catch the legal system off-guard and take full advantage of your preparedness. What are you waiting for? Spread the word, and beat your ticket today!
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