BEAT TRAFFIC TICKETS
 

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.