How to Beat Your
Traffic Ticket, Simple as 1-2-3
With rising insurance rates you
can't afford a ticket. Here are three easy ways to beat your ticket
while representing yourself.
 First, set your ticket for trial. You do
this by pleading not guilty. This puts the burden on the
government to prove their case via the ticketing officer. If he
does not appear in court, then you should ask for a dismissal. The
basis is the government lacks the ability to prosecute and you are
unable to confront and cross examine your accusers. This happens in
many cases.
If the officer does appear,
consider the following options:
Another option is to raise the speed trap
defense if you were cited due to radar. The legislature for
example in California has outlawed the use of radar in cases
where the city engineering speed survey for a portion of highway is
posted at a rate lower that 85% of the traffic that drives it.
You can get a copy of the survey from the city. For example,
if you were radar gunned at 45 MPH, but the posted speed limit was
40, this would be an illegal citation if 85% of the traffic
traveled at 45 per the survey. There are exceptions if there are
unusual circumstances unique to the road, but they must be
described in the survey. If the officer then tries to testify
based upon his own visual observations as to your speed, object
because he is incompetent to testify once a speed trap is found to
exist. If a speed trap exists, the court may lack
jurisdiction to hear the case. Motion for a
dismissal.
The
third defense is just reasonable doubt. I suggest you obtain
photos, measurements or other proof so your case is more than a
credibility contest with the officer. The judges usually side with
the officer in such cases. Show the traffic sign was missing,
blocked by trees or misleading. If so, you may have been denied
fair notice of the proscribed conduct and thereby have had your due
process rights violated. Due process is a constitutional
right. Further, your evidence may also establish reasonable
doubt, i.e. in the case of mathematically measuring and contrasting
time and distance calculations which support the officers opinion
you were speeding. In other words you may be able to show that it
was mathematically impossible that you were speeding or ran a red
light. Ask to look on the back of the officers ticket for his
notes before the trial starts.
If all else fails, ask for traffic school.
Upon successful completion, the ticket may be removed from your
record. If you have been to traffic school in the last 18 months,
ask for level two traffic school to possibly reduce fines or
points. It's possible a video or online traffic school has been
approved in your area. If you are a trucker see my
Trucker's Ticket page to
see how I help truckers and find out how to join the association.
Should the DMV send you notice of a "negligent operator"
suspension, request a hearing in writing, and they may put you on
probation in lieu of a suspension.
This web site is
designed for general information only. The information presented at
this site should not be construed to be formal legal advice nor the
formation of a lawyer/client relationship. Persons accessing this
site are encouraged to seek independent counsel for advice
regarding their individual legal issues.
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