Wednesday, January 14, 2009

beating speeding tickets in court

So you were going a little too fast and them bam blue light special behind you yep happen to me to! I beat mine in court and you can to just follow the directions.

How to Fight your Traffic Ticket in Court
When you go to court to contest a traffic violation, all of the odds are against you. Whether it may be passing a red light, or speeding on a local street, if you aren’t prepared to fight your case, then expect only for the worst. I have written up this guide for you to let you know every trick and trap along the way in order to successfully appeal your ticket. Almost all guides that are out there will only focus on how to beat a speeding ticket. What’s special about my guide is that it just doesn’t cover only how to beat a speeding ticket, but also how to beat virtually any kind of other ticket as well, including driving too slowly, failure to stop at stop signs, making dangerous turns or lane changes, tailgating, failure to yield to other vehicles, 4-way stop intersection violations, failure to yield to pedestrians, failure to stop at stop signs, and even ways on how to get yourself out of having an open container while driving!


Step I – Being Ticketed This section covers the first step to fight your ticket. So you’ve been stopped by an officer. Here are the things to keep in mind:
- Do you know what the officer does in his car, after writing up your ticket? He’s writing up notes with details of what happened, why he is ticketing you, and your reactions to him. The reason for this is that if you decide to fight for your ticket in court, the officer can refer to these notes to tell his side of the story. That is why it is important to:
- Avoid claiming any confessions of guilt to the officer. That is, if the officer decides to ticket you, claiming that you were driving at 40mph on a 30mph road, don’t respond to the officer saying oh I am very sorry. I knew the speed limit was 30mph, it’s my totally my fault I was going at 45mph. This is because he will most likely write in his notes what you had said, and then testify it in court should you decide to fight, saying that on that day when you were ticketed, you even had claimed and told him that you had admitted that were at fault for driving above the speed limit even though you knew that you were breaking the law. This would definitely be a huge setback for you in court. So the first step to remember is that if the officer decides to ticket you, you will need to avoid any confessions of your guilt to the officer.
Step II – Before Fighting your Ticket
- So you have gotten your ticket and decide to do something about it. Here are the steps in which you should take to fight your ticket:
1. Look at your ticket and note for any deadline dates printed on the ticket regarding your opportunity to appeal. You should either give your court a phone call (you will need to be patient. Most courts have automated phone systems that will get you around and around for a long time before getting you to a live person for help), or stop by at the court directly to speak with one of the clerks. Be sure to have your ticket with you. You need to ask the clerk:

- Is it appropriate for you to go to traffic school?
- When would be the latest date in which you can contest your ticket?
- What are the steps in which you must take in order to appeal your ticket?

- Will the court be able to extend the deadline to contest the ticket?
If you are able to go to traffic school, it is almost always a good idea to do it to save the hassle of contesting your ticket.

If going to traffic school is not a possible option, then there are several options you can take. The main options are either pleading guilty, guilt with an explanation, or not guilty. Since this guide is to help you contest and fight your traffic ticket, I will focus on the choice of pleading not guilty. I would advise you not to plead guilty with an explanation, which is basically pleading guilty, but you are going to write up an explanation for your behavior and hope to move the judge’s heart so that he may decide to reduce or defer the fine. However, the drawback is that this still will go on your driving records, and your insurance rate will go up, which the factor that you should be worried most about.

Step III – Preparing to Appeal

According to the Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
The speedy trial rule basically states that after pleading not guilty, your trial must be done within a short amount of time. If not, your case must be dismissed. A short amount of time is defined differently in each state. Usually between one to two months at max. You can find the exact time limit of a speedy trial by looking up the traffic law reference of your state from the library, or you can search for that online by typing in you "[your state] speedy trial" in a search engine such as www.google.com

1 comment: