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Saturday, November 21, 2009

Advice on how to beat a traffic ticket.

     If you think flashing some cleavage at the patrol officer leaning in your window is going to get you out of that, "failed to stop at stop sign" ticket, you're sadly mistaken. I tried it and all I got was another ticket, "attempting to bribe a police officer!" Be that as it may, there are some traffic violations that you can beat in court if you know how. First, let's be perfectly clear: some tickets you will absolutely not beat. If you run a red light and "T-bone" a passing car, you're gonna' have a hard time wiggling out of that one. If you run through a stop sign at a four way intersection with a patrol car on all sides of you, there's another one you might not win. But because there are literally hundreds of traffic infractions that you could incur during the course of just driving to the nearest 7-11, you might be able to beat some of them.

     The first thing you need to do is to be prepared. Keep a small notebook and pen in your glove compartment to take notes when you are first pulled over. Note the day, time, traffic conditions, weather, and most importantly where the patrol officer's car was when he or she spotted you allegedly breaking the law. If the officer decides to cite you for an infraction and you are absolutely positive that you did not commit the said infraction, by all means DO NOT ARGUE WITH HIM OR HER! Say nothing, but take or make notes of what the officer says to you. THIS IS IMPORTANT!
    
     In order to win your case you will have to go to court. Do not fear this. The law states that every person is innocent until proven guilty. Do not fear the judge or be intimidated by the court or it's proceedings. YOU DO NOT HAVE TO HIRE A LAWYER IN ALL CASES. If you have done your homework and follow my advice, you have just as good a chance to win without one. To get started, you will have to prepare your case. You will do this at home.

1) Gather information.
     If possible, go back to the exact location of where you received your ticket and take pictures. Take pictures of where you were. Take pictures of where the officer was when he or she spotted you. Take pictures of traffic flow, and any other pertinent locations. Develop these and be ready to use them.
Supply any and all pertinent information regarding your car, it's uniqueness, it's status in society. If it's a high performance sports car, note that. If it's a 'Yugo' on it's last legs, note that too. If you have high performance tires, brakes, handling, note these too.

     Make a large, easy to understand detailed schematic of the site where the infraction occurred. Note the direction and location of your vehicle. Most importantly, note the direction and location of the officers vehicle. Note traffic lights, stop signs, gas stations, convenient stores and pedestrian cross walks. Be extra thorough!
If you have recently taken a driver improvement course, bring this with you to court. This next piece of advice is most important: WRITE DOWN EVERY QUESTION THAT YOU INTEND TO ASK THE PATROL OFFICER WHEN YOUR DAY IN COURT ARRIVES!

2) In court.
Believe it or not, just showing up to court on the appointed day can win you your case. If the patrol officer fails to show up by the time your case is called, your case is dismissed. You win! Do not rely on this. Dress for court. Wearing a suit or business wear to court makes a very good impression on a judge. If you own one, bring all your files and photos to court in a brief case. If you don't own one, a metal file holder or a professional clipboard will suffice. Your name will be called when it is your time to approach the bench. Do not panic and try to stay calm. A friendly demeanor or a smile wins people over. Never approach the bench with a "chip" on your shoulder. The judge will acknowledge you and your infraction. He or she will ask the officer to speak first and explain his or her reasoning for giving you the infraction. No matter what the officer says stay calm, do not interrupt and keep quiet. You will get your chance.

     After the officer has said his or her piece, the judge will then ask you if you have any questions for the officer. IT'S SHOWTIME!  Time for you to go to work. Inform the judge that you do have questions, face the officer and as calmly and as succinctly as you can pose your first question. Give the officer ample time to answer. Ask your questions in a breezy tone and do not get riled or flustered by whatever the officer says. Stay focused. Right here, right now it's your word against his or hers. Your number one job here is to convince the judge that the officer erred in judgment when writing your summons. Use all of your notes, pictures and pertinent information to support your argument. Offer to show the judge your facts. Stay cool and calm throughout. If you have presented a convincing enough rebuttal, the judge will likely rule in your favor. Thank the judge and be on your way.

     Best of luck, Ray.