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This mainly applies in CA, but probably helps anywhere they have similar traffic defense methods.
Note that I take no responsibility for the effectiveness of this defense nor anything else related to this. Use mine as a guideline (okay, enough liability release statements... :-p).
1. Doesn't help you now, but when pulled over, it's easier to fight the ticket in court than now, so don't bother. If the officer asks what you did, just answer honestly or tell him you're not sure. He didn't pull you over for the fun of it and trying to say you didn't do anything is insulting his intelligence. Your goal is to either get him to feel that you're a decent person and let you go without a ticket or be as forgettable as possible. Being an asshole just motivates him to fight your case if it shows up. i.e. "I remember that dick, I'm going to make sure he gets nailed." Remember that he's human too and just doing his job.
2. Postpone your "court date" (it's more an arraignment) as much as possible for whatever excuse you can come up with. You can usually call this in. Usually, the limit is 6 or 8 weeks.
3. Once you have the farthest possible date, go in, say "not guilty" and choose "trial by written declaration" as your trial method. Nice thing about written trial is if you're found guilty, you can retrial for an in-court appearance for another chance. It's like a free try.
4. When writing the declaration, simply imply reasonable doubt. This means you can get away with it, but not directly lie (which is perjury). Try to find any mistakes possible on the ticket itself and use them against the officer. Don't forget to portray your car as a cheap POS that you bought because it gets good gas mileage that is incapable of speeding. Ah, the joys of driving a sh*tbox. Also highlight the fact that the cop probably doesn't remember sh*t about you (unless you did something to make yourself memorable like scream, yell and insult the guy). In addition, if you get nailed for radar, don't forget to note that it is very easy to accidentally get a reading from another car. If you get nailed by a cop pacing you (dumbass, you didn't notice him back there?) don't forget to point out how easy it is to mistake one car for another. A very important thing to take note of is the time of day. If you get a ticket at night, you can imply that the officer may have pulled you over by mistake instead of the car that was speeding (our cars are pretty nondescript and easily confused for other econoboxes). If it's during the day, you can say that it is hard to speed with the number of cars on the road and, once again, point out that your car could easily be mistaken for another.
5. Collect your refund check. What happens is either the officer never turns in his half of the story, or you've instilled reasonable doubt and the Judge lets it go. Officers don't get paid overtime for writing declarations, so they have to find time to write the statement, which will likely be half-assed if written at all. They do, however, get overtime (if applicable) for court appearances, which is favorable to regular duty anyway. It's worked for me 100% of the time I've defended myself, or anyone I've wrote this for (9 total tickets).
Damn I just got a ticket last night and will be leaving town in about a month to return to my internship. Oh well, might just have to man up and pay the fine/deal with the points.
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best advice? get a lawyer. plain and simple. took me from a 65 in a 30 to 9 over which has no points.
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Be polite, never admit to being in a hurry. Act a little nervous (like you never get pulled over). Never admit guilt on the spot. Don't argue, just play dumb about the speed or speed limit.
I usually say that I was 'focusing on the road and conditions'. This implies that you were being attentive, but not paying attention to the speed limit or your own actual speed.
I always tell them that I have a family and I am trying very hard to keep my insurance rates low by having no, or very few tickets. I want them to know that not getting a ticket would be a big help to me. I don't say too much, as I would like for them to only remember that I was polite if anything at all.
Remember, all cops CHOOSE whether or not they write a ticket. Don't be rude, but when they tell you they have to write a ticket b/c the camera, etc. it just isn't true.
If you get the ticket, always go to court.
My last name starts with W, so I have plenty of time to get a grasp of how the judge is handling things.
I normally stand up when given a chance to speak and say something like:
Your honor, my intention is to plead not guilty. I am willing however to plead No Contest to a lesser offense. I also take a minute or two and explain to them that I am a good person who pulls over to let others use cell phone to call for help, help change tires, help old ladies across the street and any other good civic action that you may do. If you volunteer, let the judge know that as well. It is a touch embarrassing, but who cares, the goal is to get the least amount of damage and most people who hang out in court rooms aren't my friends or associates.
Normally they ask what type of offense. I say any non moving violation. Something that isn't speeding, running stop sign etc.
You will need to know what your choices are.
Edit: I should also say that this has worked at least 5 times between OH, GA, NC.
Remember, it is much easier to keep a clean record than to clean up a dirty one.
Chris W.
Last edited by glrraracer; 04-27-2007 at 10:02 AM.
Thanks for the write up man. I just got a 80 in a 65 this morning. I was going the same speed as the guy in front and in back of me yet the motoryclye cop slides right in and lights me up. (must have been the black windows) anyway.. Im gonna fight this ish!
__________________ Be polite, be professional, have a plan to kill everyone you meet.
I'll post up my trial by written declaration, this was a long while back, to sum it up I was stoped for apparelt driving over 100mph:
Mo Baker was the actual name of the Motorcycle cop that pulled me over and I was also pulled over along with a yellow Acura Integra Type R.
STATEMENT OF FACTS
Defendant's Name: UNISA JECS
Case No.: xxxxxxxx
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22348(b).
The facts of my case are as follows: While driving westbound on I-10 at 11:00am on 10-30-04, I was stopped by CHP Officer Mo Baker (I.D.#13860) and was charged with violating CVC 22348(b). Though Officer Baker has alleged that I was driving over 100mph in a 65mph zone, I was driving no faster than 65mph, I saw Officer Mo Bakers vehicle (motorcycle) prior to him stopping me and made sure I was driving the posted limit.
The Excessive Speed Law, CVC 22348(b), states: "Any person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction.
On my citation, the officer noted that I was going over 100mph. This simply is not true, I was traveling approximately 65mph with all the rest of the traffic going westbound on the I-10FWY, when the officer pulled me over, the officer stated and I quote "do you know how many calls we got on you", I said what are you talking about, he said that a motorist called in a speeding vehicle on the FWY, I said well you have the wrong person because I wasn't speeding let alone going over 100mph, however a vehicle similar to mine passed me at about this speed a minute or so prior to my stop. Since the description of the speeding vehicle given to CHP Officer Mo Baker from dispatch via the motorist may have been similar to mine, I believe CHP Officer Mo Baker stopped me by mistake, believing me to be the speeder.
In any case, if Officer Mo Baker does not testify in his statement that he actually saw my vehicle traveling at 100mph, I ask the Court to dismiss this case for lack of sufficient and reliable evidence.
I trust in the Court's fairness and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
UNISA JECS, Defendant in Pro Per
Last edited by UNISA JECS; 08-30-2007 at 01:57 PM.
someone need to do this write up in the DFW Area.
mainly in the city of plano.
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the cop didnt show me the radar reading works as a good option, also you said the cop said he had complaints about you speeding at over 100... did any of these "complaints" include a liscence plate # ?
got this info from my uncle which has recently retired from the force
the cop didnt show me the radar reading works as a good option, also you said the cop said he had complaints about you speeding at over 100... did any of these "complaints" include a liscence plate # ?
got this info from my uncle which has recently retired from the force
Exactly as soon as he said that I knew I was gonna beat this ticket plus when I got pulled over I was driving 65mph and I was also respectful to him when I did get pulled over and said nothing self incriminating and let him do all the talking and I just listened.
Sorry for the long post but if you follow what's written here you'll get out of a ticket 3 of of 4 traffic stops. And reading all of this will cost you less then a citation.
I'd like to share my methods of "fighting" ticket.
You're ultimate goal is to not be given a citation in the first place, avoiding the ticket saves you time, and the possibility of court, citation, and defensive driving school fees.
Out of the 30+ times I've been pulled over by law enforcement for various violations i.e. speeding, unlawful passing, failure to obey a traffic signal etc. I've been given tickets approximately 9 times. You may think that 9 is a high number but being let go 21 times for obvious infractions isn't so bad either.
Here's what I do when I see flashing lights:
Step 1: Pull the vehicle over into the shoulder of the road as far as you possibly can.
One of the biggest causes of officers losing their lives during traffic stops is being hit by vehicles passing by. The cop will have less of an attitude if he/she feels that your concerned about his/her safety.
Step 2: Turn on all the interrior lights in the vehicle.
This is a good one. When the officer pulls you over, he knows nothing about you. He doesn't know if your a catholic priest, or a crazed serial killer with a sawed off shot gun in the passenger seat. Making sure the interior of you vehicle is well lit before the cop gets to you car gives him/her a little piece of mind (If you had anything illegal in your car you wouldn't shine a spotlight on it while getting pulled over.
Step 3: IF YOUR RADIO IS ON. TURN IT OFF!
If the cop had to tell you to turn your radio down, or off expect a ticket. He/she will feel as though your not taking the traffic stop seriously and will feel disrespected (Chris Rock-"Playing F#$% the poplice while getting pulled over by the police is just plain ignorant").
Step 4: Turn the car off and put your keys on the roof of the car.
I know this one seems excessive but I do it anyway. Why? The officer know you don't plan on running off as he/she is getting out of the cruiser. How can you evade the officer by starting a pursuit if your keys are on the roof?
Step 5: Make sure you have your info ready before the cop gets there (Drivers license, registration, insurance card).If the cop has to wait on you will you dig through a phonebooks worth of papers in your glove compartment his/her patience will get short with you.
Step 6: Keep your hands on the steeing wheel untill the officer asks for you info.
Step 7: Turn you face to directly look at the officer while speaking or when being spoken to.
This is the action of someone attempting to be sincere. If you have something to hide 9 times out of 10 you will avoid eye contact.
Step 8: BE RESPECTFUL THROUGHOUT THE ENTIRE ORDEAL EVEN IF THE OFFICER IS DISRESPECTFUL TO YOU!!!
Having a motorist be nice to an officer is a breath of fresh air for them. I've been told by many state troopers that my politeness saved me from getting a ticket. Just as "Rockwood" stated in his thread if you are a d*ck, he/she will most remember you, and will enjoy seeing you burn in court.
One thing about me is that I'm black, but when I get pulled over I sound like Carlton from Fresh Prince of Belair. Please believe that I ain't gettin beat down Rodney King style by the POlice!
Just remember the golden rule and treat the officer the way you wish to be treated.
Step 9: Play dumb within reason.
Remeber, it is a cop's job to deal with liars, and con artists on a day to day basis. If he/she smells BS you're done.
Thats it for me. I hope this works for you.
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Against logic there is no armor like ignorance-Laurence J. Peter
i fought a red light ticket this morning. Postpone your hearing is the best thing to do before attending to a hearing. Even, bringing a witness and let the judge know that your witness needs a translator, he will ask you if you want to come back some other day.
I postponed my hearing twice and took my gf to the hearing. I told the judge she might need a translator, he said if i wanted to comeback some other day with it. Finally, the officer didn't remember about what happen 7 months ago, so the judge let me go clean!!!
2 things that could keep your record and insurance CLEAN!!!!
i wanted to share my last experience with everyone. the ticket was for a 75 in a 55. i went the day of and tried to pay it but was told i was about 30 min, late to do that and would have to go to court....
so as soon as i get in there the judge ask who wants the blue light special?
NO Points, same fine as before. so im like ok time for me to go...I take the deal and go down to pay my fine. as all the other blue lighters( they highlight the name to skip it is why they say that) start to come down and we are waiting for court to finish so we can pay.
here is the trick... say my ticket was 80 in a 55...what they do is take off 10mph and that would leave me still 15 over. that means points.
so its sorta a trick. watch out guys.
i got caught doing 90 in a 55mph workzone but i wasnt even in the work zone yet i took pics of the work zone site and took them to court with me showed the judge that i was not in the zone and he threw my case right out just cause of the pics also if you ever get caught for speeding and they say they have you on radar when you go to court ask for the calibrate certificate if they cant produce it 95% of the time they throw it out
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