Traffic Court - Beating the system

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Old Aug 11, 2007 | 03:00 AM
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Traffic Court - Beating the system

I received a speeding ticket and just like the next guy I do not look forward to the fine nor insurance hike. I was driving a friends vehicle, big mistake because you do not have access to his insurance policy, registration, etc. You live you learn, I am struggling to get these papers. I was doing this guy a favor, taking his jet ski to my house, so I could fix it for free. But I was speeding, my fault, even if he offered to pay I'd still receive the point on my record.

Now what I'm asking for is advice from those out there who differ from the average lemming, I understand I shouldn't have sped (wreckless people kill, not speed, but again I don't want to argue this), there are enough sheep who pay the fine no questions asked to keep the government on its feet. I know I shouldn't speed and I'm going to make the CHP work for the ticket, he was a **** in person and I was as polite as can be...if only my ****head friend had his registration on hand.

I already went to pre-court, plead not guilty, rule #1 in every ticket (I think something like 3% plead not guilty), I've heard it is partial to the reason they hike the fees for tickets, everyone is so generous to pay them. CHP travels up and down the highways, I'm hoping he either has court in another county or is on vacation, or forgets the details of the day. I'm going to delay the court via continuance, do I have to show up in person to delay the court date?

Anybody have any advice other than this? I've found some good material on the internet about cross examining the officer, etc. Read below:

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.
I have no idea where they are going with throw something...[accross the room]?

By the way, I went to traffic court 17 months before the traffic ticket...talk about some luck...the law is 18 months before you can take it again. I've also heard to call the officer at his place of work, and ask him to meet you in person. I'm going to try this tactic, can't afford gas let alone a ticket like this. Learned my lesson.
 

Last edited by Josiah; Aug 11, 2007 at 03:23 AM.
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Old Aug 11, 2007 | 03:17 AM
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I'm going to delay the court via continuance repeatedly
This raises a red flag, and the cop is going to make SURE he shows up when you finally do. If he doesn't, the prosecutor will make sure HE gets a continuance.
 
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Old Aug 11, 2007 | 03:18 AM
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Old Aug 11, 2007 | 03:20 AM
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I don't think 1 or 2 continuances will throw the flag, are you sure about the judge giving him a continuance. I would think he'd be afraid I'd go on another streak of continuances
 
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Old Aug 11, 2007 | 03:22 AM
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I've been to court for 2 tickets, once because I was fighting it and the second time because I was forced. Both times I watched people go before me and try and argue thier way out of the ticket. People with lawers were mildly sucessful and generally were awarded with another court date. People that didn't and still argued, generally got the book trown at them. I took this in mind and when it was my turn before the judge (on my second ticket, when I was forced into a hearing). I listened to the report, which was accurate, as yours will most likely be as you already admited guilt here, and when asked to make a statement I didn't contridict it. The judge asked me if I had anything else to say, and I told him I knew I was speeding, I knew it was wrong, I wasn't sure exactly how fast I was going so I'm sure the cop was correct in his speed. The judge lowered my ticket from a 77 in a 55 with a reckless driving ticket to a simple 74 in a 55, saving me several points and several hundred dollars. I stood in line to pay my fine and was thanked by the guy behind me. He said he just followed my lead, didn't argue, and was willing to accept responsibility and the judge gave him a break as well.

I'd recommend this approach rather than the other and just risk pissing off the judge. A pissed off judge won't give you a break. And besides why not just accept responsibility for your actions?
 
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Old Aug 11, 2007 | 03:25 AM
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Originally Posted by BennyHanna
besides why not just accept responsibility for your actions?
thats not the american way anymore
 
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Old Aug 11, 2007 | 03:34 AM
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Everyone is so nice down in general discussion! But thanks to those with advice, I'm glad I'm not the only one who isn't perfect, would like to use my rights I'm afforded in this case. Using your rights is not what's going to get them removed, but rather not using them. And I'm asking nicely, please keep the pessimism to yourself. I was just looking for a little friendly advice.
 

Last edited by Josiah; Aug 11, 2007 at 03:37 AM.
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Old Aug 11, 2007 | 04:25 AM
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You are deceiving yourself if you expect all advice to be friendly when you have broken the law and are trying to beat the system. You have to take the bad with the good or you shouldn't post in the first place. This forum has members all across the spectrum - from snot-nosed kids that have no respect for authority all the way to law enforcement officers.

The judge will bend over backwards to make sure the cop is there when he sees that you are playing the continuance game. Judges aren't stupid.

That's as friendly as I can be with my advice.
 
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Old Aug 11, 2007 | 04:39 AM
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You're right. And the sooner I learn everyone uses this place to voice their opinions, whether good or bad, the better. It's an avenue to be disrespectful with no retort, whether I like it or not...I guess it's not all that bad so let me rephrase that...treat me like you'd treat someone you just met, I'm a little rough around the edges but don't judge me for it
 
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Old Aug 11, 2007 | 05:12 AM
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Sigh, topics like this that make me dislike this forum sometimes. Seriously people, if you don't have anything to contribute, just don't post. Hit the BACK button, and move on. Problem solved.

The guy clearly admitted guilt MANY times- he just wants to save some money, which IS legal AND allowed by the court of law. He's not looking for a way to break the law, simply do his best financially. What's so bad about that? Seriously?

That said, if you were truly guilt, and he did use his radar on you don't try to get 100% out of it. There are two basic approaches: 1.) Plead not guilty, stick to your guns and try to prove otherwise. Success rate? You don't want to know.
Option 2.) Plead guilty with an explanation, and quickly, precisely, and politely explain your faults and plead for leniency. 99% of the time you will get it.

The only "tricks" I can offer is to file for a "Trial by Declaration" next, and the ONLY thing you put for the explanation (Plead not guilty), is to say "I do not believe the radar equipment was functioning properly." Then hope either the guy doesn't do his paperwork, or somehow managed to not have it calibrated according to the rules. If you lose, you are allowed a Trial de Novo, or a "new trial." The new trial you then go in person, cut your losses, and go the "guilty with an explanation" route.

The only problem is you say you already had a court date? Was that just to get a trial date? Not sure if that will count as your first trial or not, but from the lack of story involving any trial time I am guessing you didn't do that part yet.

Ps, google is your friend. You can find the forms and such for the Trial de Novo online
 
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Old Aug 11, 2007 | 07:32 AM
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I'm certainly not judging you - I was just stating that I saw a problem with one of your proposed tactics. I haven't expressed an opinion on whether you should fight this thing or not because you specifically asked that we not and I respect that.

If I may, I think financially you are in for a hit. You are probably going to have to pay through the nose, either to the court system and your insurance company, or a lawyer that specializes in getting people out of speeding tickets. The lawyer route may be cheaper in the long run, it all depends how much your insurance rates stand to go up over how long a period of time. I don't know how it works in CA, but here in IL if you plead not guilty and are found guilty, the sum of the fines and costs greatly exceed those if you had just pleaded guilty and paid the fine without going to court.

Check with your insurance agent - if your record is clean, they may give you one freebie. Mine did, I got nailed cold for 77 in a 55 a few years back and my agent told me to not bother fighting it. The fine was only 90 bucks.
 
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Old Aug 11, 2007 | 09:02 AM
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so you break the law, you pay for it! whats the big deal? You got caught, now stop being a sissy boy and fess up to your mistakes and pay for it like the rest of the American people have to do when they break a law! What makes you think you are so speacial that you think you can get away with crap like this? grow up
 
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Old Aug 11, 2007 | 11:29 AM
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This oughta be good. I'll call it - three pages before the thread starter asks a mod to lock it.
 
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Old Aug 11, 2007 | 12:01 PM
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When I was changing duty stations from FT. Gordon, Ga to FT. Riley, KS, I was pulled over by a Georgia State Trooper doing 76 in a 55. I got out the truck in full uniform and he asked me why I was speeDing. I told him I was late on my orders due to the fact I spent some extra time with my family. He gave me a warning an told me to keep up the great work I do. Hooah and cheers to that.
 
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Old Aug 11, 2007 | 12:28 PM
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Originally Posted by toyotahater
so you break the law, you pay for it! whats the big deal? You got caught, now stop being a sissy boy and fess up to your mistakes and pay for it like the rest of the American people have to do when they break a law! What makes you think you are so speacial that you think you can get away with crap like this? grow up

lol yeah, cuz everybody in america totally pays for their mistakes and never tries and cheat the system Im surprised nobody has tried pissing you off anymore yet, ill have to work on it.
 
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