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How to beat a speeding ticket

Discussion in 'Motorcycle Talk' started by badbrad, Apr 22, 2005.

  1. The best way to beat one is NOT to get one, so we'll deal with that first.

    WHAT NOT TO DO:

    1. Don't act like a dick. If you act like a belligerent idiot, you will end up with a lot more than just a speeding ticket. More likely you will end up in jail with your car impounded!

    2. Do not admit guilt. Say nothing, if possible. The cop can use your admission against you in court. Better to say nothing or act dumb (see below)

    WHAT YOU MUST DO:

    1. Say "yes Officer, no Officer" to everything. You want this over with - fast!

    2. Act stupid. It helps, even cops don't want to torture the stupid!

    3. Act scared! As if the tickets means the end of your life! Again, cops waver at this point. They may not write it if they feel sorry for you.

    4. Act ignorant about what you did. Even if they give you a ticket at least you didn't admit you were speeding, which they will use in court against you later.

    IF YOU GET A TICKET:

    1. Don't argue the situation out on the road - you will not win! You don't want them to remember you when you do go to court. SAY NOTHING - then drive away.

    2. Remember everything about the situation! How much traffic, the weather, which lane you were in. Write it down if you are too stoned to remember this stuff.

    AFTER YOU GET THE TICKET/PRE-TRIAL PLEA OR APPEARANCE

    1. Always plead 'not guilty.' This may be a pre-trial appearance, or you may be able to send in the ticket with 'not guilty' plea. Try to delay a pre-trial appearance if possible. There will be a specified date if you have to mail in the plea.

    AS THE COURT DATE APPROACHES:

    1. Very important. DELAY, DELAY, DELAY!!!!!! Keep putting off that court date! You don't want to go to court! You want to make it so the cop thinks the case is so far in the past he'll never remember anything. A small story: When John Hussar, the director of The Blur of Insanity went to college he got a speeding ticket (90 mph in a 55 mph zone) from a New York State Trooper. He successfully put off going to court for two and a half years (mainly by lying about going on various trips to Europe)!! When he final did show up in court he discovered that the Trooper had been transferred out of the area! The case was immediately dismissed!
    The Lesson? The longer you wait the better chance the cop won't show up!

    2. Request information (optional, it can work for you, or make them want to nail you more!) Also they may or may not give you any of this depending on local laws!:

    a.Copies of manufacturers names, including makes, models and serial numbers of all radar/laser guns in use by the Town/City/State Police Department.

    b. Copies of manufacturers recommended maintenance for all of the above stated radar guns.

    c. Copies of any manufacturer literature as it relates to the correct use, including but not limited to mounting, aiming, weather and traffic limitations, for all radar guns in use by the Town/City/State Police Department.

    d. A copy of the past six months' maintenance records for all of the above stated radar guns, including, but not limited to, calibration specifications.

    e. A copy of the Authorized Certification of Training, issued to the Officer who gave you the ticket, in the proper use of all radar guns in use by that Town/City/State Police Department he/she works for.

    f. A copy of the patrol car assignments for the date you got the ticket.

    This should give you something to work with, and also make the cop not want to show up to deal with all this crap!

    COURT - A FRIGHTENING PLACE

    What happens in court:

    Go check in with the clerk.
    See if your officer arrives, if he doesn't that will often be the end right there.
    The judge will call your case.
    The officer will testify first.
    You then question the officer
    You then call any witnesses you have
    The officer can make a closing statement
    You can make a closing statement
    The judge decides.
    1. Wear a suit, if you own one. If you look like a derelict, you will be treated like a derelict. We don't care if you think that is unfair! The world is not fair - grow up.

    2. Be nice. Again, being a dick will just get you in trouble and solves nothing.

    3. IT is the officers duty to prove you GUILTY. If he fails to prove your guilt the case will be dismissed.

    BE confident that you will win the case!

    Check the actual wording of the code you violated. If the officer fails to prove guilt in any part of the code then you should be dismissed.

    BEFORE an officer can use the radar/laser reading as evidence, he has to establish a few things Jurisdiction Certification, up to date, accurate, traffic and engineering survey, radar/laser properly calibrated, tuning forks calibrated (with radar), FCC license, radar/laser unit appears on that FCC license

    If the officer attempts to use the radar reading before establishing those things above, politely interrupt and say "objection your honor, inadmissible evidence."

    Then tell the judge why. If the officer fails to prove your guilt at the end of his testimony don't question him, move to have the case dismissed. And explain what he failed to prove.

    If the officer was moving when was his speedometer last calibrated? Have the records to see if he contradicts himself. If officer guesses your speed. throw something and ask him how fast it was going. If he is off by 3 MPH at 15 MPH speed then think about how far off he is at 35 MPH.

    Were the speed limits prima facie? or Absolute? If prima facie then prove the speed you were traveling at wasn't unsafe.

    ASK questions like: what color clothes was I wearing? did I have any passengers?

    What was the weather like? To see how well versed the officer is.

    See if you can attend traffic school in exchange for a dismissal of the charge (never bothers your insurance.)

    OFTEN the worst part of a ticket is the increase in your insurance. By beating the ticket you don't have to worry about that...

    Hopefully the cop won't show up - in which case you will ask that the case be dismissed - 99% of the time it will.

    Anyway - there you have it. Good Luck. And if you beat a speeding ticket with any of this advice you have to make ten people you know go and see the movie!
     
  2. Some more helpful hints:

    -Check the state statutes to make sure the date stamped on the ticket is within the law-required timeframe (I think it is 48 hours from issue of ticket).

    -File for a contested hearing, choose the option and sign the back of the ticket and send it in. When you receive a paper from the county clerk letting you know your date/time for your contested hearing, call in and say you would like to rechange your position and go in for a mitigation hearing. When you show up for the mitigation hearing, the clerk will call roll. Afterwards, before the judge has shown, ask the clerk if this is a contested hearing? She will say, "No it is a mitigation hearing." Say you signed off to contest and they (the clerk) scheduled you wrong. She will ask the judge if they want to still see the case, they will say yes but you have to wait. You can plea that you took time out of your life to be hear for the ticket. Obviously, there will be no prosecutor to go against you when your time in front of the judge is there, so give your story and your off the hook!
     

  3. Just wanted to add that defending yourself is not always the best, for the simple fact that you are not taken seriously. Remember the judge is a lawyer by trade and sees lots of idiots trying to defend theselves with little knowledge of the law. Also questioning someone (police officer) that knows what the answers are suppose to be might not get the desired results. Also, if its your word against a police officer be prepared to lose.


    Great post for riding season when pretty soon we will start to see the "I got a ticket posts"-I am going to make it a sticky.
     
  4. So true! That's because with a speeding ticket, you can be considered guilty just on "prepondarance of evidence". Sometimes its better to get a worse charge so you can enter the realm of "innocent to proven guilty" bs but even with that, should you get a lawyer, they will charge ya more for the more severe citation.
     
  5. Getting a lawyer is a highly recomended way to go. And if you have $250 bucks to spend I recomend John Clarke, he recently got my 95+mph dismissed. :lol:
     
  6. I had one for 150+ in a 60, between Pullman and Spokane. For $200, John O. Cooney (the son of Cooney Law Offices in Spokane (who happens to ride a 2003 R6)) got me off the ticket.

    LRG just went in there for his Pullman ticket and Cooney mentioned how he still cant believe he got me off that ticket.

    On a side note, I've actually heard a lot of good things about John Clarke as well, from Guff's girlfriend of all people too.
     

  7. YEP I just heard John Clarke from a bro-I will skip the details but he got my friend a pretty good result
     
  8. Guff

    Guff Forum Admin Staff Member

    Definitely do the ground work on the case yourself first. Often times the stupid loopholes that a lawyer will charge you $200 for are up front and easy, ie amount of time to file the ticket, and errors on the ticket, etc. If you can find one of these yourself, you just beat it and saved a lot of money. If on the other hand you can't find any, then look into a lawyer. But, even if you get one, make sure to ask them what their game plan is. What are their back up plans b, c, d, e, and f? If you're paying them as much as you are, you should know all this info.

    -Guff
     
  9. Lucky

    Lucky The $75,000 Rider

    150 in a 60 and you didn't go to JAIL? Yeah baby! Right on!!!

    It sucks to be me. Being a poor college student with no medical insurance, I can't afford the ticket, or even risk driving too fast. I haven't taken my Busa out of third in over a year...it is most non-triumphant.
     
  10. Just be cool with the cop when he pulls ya over. I dont talk or say anything. The vibe I get from cops when I get pulled over for going that fast, as long as you dont try to run, is that its your ass they figure. The only time they hauled me in was when I was going that fast with a passenger :shock:
     
  11. jezterr

    jezterr Retired Admin

    how about y'all just stop getting tickets?

    a few more weeks and my record is CLEAN. yay!
     
  12. I'm gonna put censorship on that word....eek!!
     
  13. jezterr

    jezterr Retired Admin

    yay!
     
  14. here is a little site a buddy put together. A lot of the info is good and have known a few people who have used it to get out of a ticket

    http://miahdesign.com/ticket.htm
     
  15. You are just not riding with beans enough.
     
  16. That's a good site...thanks!!
     
  17. spolic

    spolic Ducati Pilot

    The last ticket I got, the first in many years, I went to the prosecutor and told him that I didn’t want a speeding ticket. He said "OK, then your tabs are expired...pay the speeding ticket fine + 20 bucks and get out of here. End of story. :lol:

    All they want is $$$
     
  18. These are all very good points you have all made about handling tickets. I have been riding street for many years now and find myself with one ticket a year, at least that has been the average for me. I always get my tickets cleared. I have yet to take the radar detector plunge, but that is another topic all together. What I wanted to add is the part if you decide that you cannot afford legal representation. This typically runs from $250-$350 for traffic infractions. I have always used Jeanne P. Mucklestone out of Seattle (206-623-3343). She is the best in the business. She is so good that police departments send their traffic officers to sit in on her court cases to see where they fail. Most recently added is Bellevue and Redmond PD. But.... if you decide to defend yourself, as I have in many cases, here is what you can submit to court in writing. This is an actual "discovery of evidence" letter I sent to Belleuve a few years back:





    November 28, 2000

    Daniel Kasprowicz
    4350 W. Lk. Samm. Pkwy. S.E. #136
    Issaquah, WA 98027
    425-603-9263

    Bellevue Div. King Co. District CT
    County of King
    585 112th Ave. S.E.

    Attention: Court Clerk

    I, Daniel Kasprowicz, the defendant, request the following discovery by the prosecutor of the City of Bellevue in reference to citation #BEP BIO580971:

    1) A copy of the court’s front and back of citation #BEP BIO580971 as filed within the court.

    2) A copy of the front and back of the officer’s citation in reference to citation #BEP BIO580971.

    3) A copy of the maintenance record of the specific speed measuring device used in the car stop pertinent to citation #BEP BIO580971.

    4) A copy of the make, model and serial number of the specific speed measuring device used in the car stop pertinent to citation #BEP BIO580971.

    5) Request to subpoena the sighting officer to appear for cross-examination by the defendant.

    6) A copy of the officer’s logbook for that day that covers all the tasks performed from the beginning of his shift to the end of his shift for all duties performed.

    7) A copy of the officer’s training record for the make and model of the speed measuring device used in the car stop pertinent to case #BEP BIO580971.

    8 ) A copy of the Bellevue Police Dept.’s most current copy of the standard procedure regarding the use and maintenance of speed measuring devices used in the department up to and including the specific device used pertinent to the car stop of citation #BEP BIO580971.

    9) Request all items of discovery that were submitted to the court or were requested by the court pertinent to case #BEP BIO580971.

    Thank you,

    Daniel Kasprowicz
     
  19. Nice letter!...then what happens??

    Maybe I can do my own representation after all. Althought I'm NOT a lawyer, I did stay at a Holiday Inn last night.
     
  20. The next step would be to make sure you have received all of your items requested. If not, then this is where the rubber meets the road. The following link contains all of the regulations and court rules you will need to represent yourself in court: http://www.courts.wa.gov/

    Based on what you do not receive or who does not show up that was subpeona'd, you would motion to dismiss your case in reference to the according RCW or Court Rule. The most common court rule that is excused is the 48 hour rule. The officer has 48 hours to turn your citation to court from the time of issuance. This is court rule 2.2D. It is the one I have used 3 out of 5 times. It is stated as the following:

    (d) Filing of Notice. When a notice of infraction has been
    issued, the notice shall be filed with a court having jurisdiction
    over the infraction or with a violations bureau subject to such
    courts supervision. The notice must be filed within two days of
    issuance of the notice, excluding Saturdays, Sundays, and holidays.
    A notice of infraction not filed within the time limits of this
    section may be dismissed without prejudice.

    Dan
     
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