Any Tips on Fighting a Citation (Traffic Ticket)?

[Dan Druff]

My thread is here, but you have to know the super secret password:

http://pokerfraudalert.com/forum/sho...in-25-minutes)

[son of lockman]

I don't know what state you're in, but in California and Nevada, if the cop doesn't show, you automatically WIN the case. You aren't forced into a lame traffic school program. You either got rolled/tricked or the laws in your state are different.

Through the 1990s, the best advice to beat a traffic ticket was to schedule a court date, change it at the last possible minute, and then show up on the new date. Hope the cop doesn't show. If he does, you're usually screwed. If he doesn't, you win.

However, while this can still be done, the best way to fight traffic tickets nowadays is through an easier process called Trial by Declaration. Basically, you are testifying in written form. If the cop does not respond with a written testimony of his own within 30 days, he loses. Or at least that's how it works over here. Check with your own area's court to see if this is true.

Definitely do this, as it is a complete freeroll. Some cops don't feel like putting the effort to respond to these (or they forget), and you win.

You're right, though. Traffic tickets are all about revenue and have very little to do with safety.

The funny thing is that I have had the recent experience of not being written tickets when pulled over, thanks to Benjamin. Whenever I get pulled over, I make up some bullshit story related to Benjamin being cranky, sick, tired, whatever... and the cops see the cute baby in the back and let me off with a warning. However, if you don't have a cute little child in the back, you are usually getting a ticket if you're just a dude driving alone.

I agee most tickets are all about revenue. One night years ago and having a tad too much to drink I was pulled over for speeding. 82 in a 55 and lucky he didn't test me for drinking.

So my speeding fine was $167 and I decided to post pone the court date thinking the cop might not show up in court and I'll get the case thrown out.

Out of luck as he did show up with lots of other cops who were going to testify in their own cases.

So when they call my case I go to plan B.

''I'm guilty your honor but he's got the speed all wrong. I was doing 90 mph.''

Everybody starts laughing like I'm some kind of nut case.

Then I say. ''You know if he can't even get the speed right you should throw this case out of court for him being incompetent. Let alone $167 is way too much for this fine.''

The judge looks at me and says. ''You know Mr. Richardson you're a funny guy. And probably honest also. $100 dollar fine and get out of my court.''

Hey atleast I saved myself $67.

[shortbuspoker]

This popped up on my Yahoo feed today. It must be fate for me to post it.

http://www.popularmechanics.com/cars...ckets-16106949

1. "The very first thing is to have situational awareness. If traffic slows, there's a reason," Diamond says.

2. Be ready for anything. There are speed traps from moving and stationary radar, lidar, known-location speed cameras, as well as hidden cameras, VASCAR stopwatch calculators, and just plain visual observation. In Vermont, for example, a police officer can simply make a guess of a vehicle's speed and it will stand in court, though that has been outlawed in most places.

3. "Keep a low profile—don't call attention to yourself. A minivan in the slow lane is less likely to get a ticket than a red Ferrari."

4. Keep quiet. Diamond says to present your license and registration and insurance card, and that's it. "You don't have to answer [anything] else—you have to say you're asserting your right to stay silent, or 'Please speak to my lawyer.' Do it in a polite way, nice and respectful. Antagonists get the most tickets. There are no warnings for a**holes."

5. Fight every ticket. In court, attacks on the legality of a speed-limit sign have been known to work. Attacks on the chain of evidence have worked too. In the Melendez-Diaz v. Massachusetts case of 2009, the Supreme Court ruled that the sixth amendment right to face one's accuser applies to lab tests. In California, courts have interpreted this to mean that photo tickets are not valid unless the technician who analyzed the photo testifies in court.

6. Now we're getting into serious ticket-fighting territory. "Check for the technical calibration of radar," Diamond says. "Usually radar evidence is admissible, presuming calibration. But in some states, any laser ticket is thrown out automatically because there is no calibration possible."

To do this, check the manufacturer specifications for the device via a FOIA (Freedom of Information Act ) request to the police department that issued the ticket. Ask for a description of how the police department abided by the calibration specs, which usually involves checking a radar gun's frequency with a tuning fork provided by the radar gun manufacturer and sending the unit to the manufacturer to be recalibrated. "It's worth investing the time to get your ticket overturned. I've done it myself in Virginia. First thing to do is pull up the vehicle code."

7. Check the Manual on Uniform Traffic Control Devices (MUTCD), which you can find here, Diamond says. If the speed-limit signs aren't up to code, you can beat the ticket on a technicality. "Even the font of the sign is specified," he says. And "many places hide [speed] cameras behind signs and bushes. There's even one behind the welcome to d.c. sign."

8. "The judge is not there to find you not guilty. The judge is part of the revenue-collection machine. Give him a reason to find you not guilty," Diamond says.

The best way to do this is to record the conversation you have with the ticketing officer. If there is a contradiction between the recording and the officer's written report, Diamond says, "his credibility is shot." Just be sure to check your state laws before you do this. For example, Maryland does not allow you to record with a cellphone, Diamond says. There have been arrests in Massachusetts and Illinois as well for recording conversations with police, although the trend is for courts to dismiss these instances.

Get all the data you can. "Ask the officer where he was when he first stopped you, and how long he paced you." Then, Diamond says, photograph the speed-limit sign where you were stopped, the location where you first saw the officer, and the location where the officer says he first saw you. "Pacing is one of the top methods used for tickets, but in Pennsylvania the officer needs to have followed you for 0.3 mile to use pacing," he says. "Often they don't pace that far. They get sloppy a lot because they can."

9. Find a friend in the local police department. "This is the advanced course—knowing the patterns of where police are and when," Diamond says. "For example, the day after New Year's, that morning they're all sleeping. Look for shift patterns."

10. Finally, pressure your legislators. "We need to stop federal incentives for speeding tickets. States are paid for speed enforcement—the government measures this by speeding-ticket quotas," Diamond says. Voter pressure has banned speed and red-light automatic-ticket cameras by petition in 30 cities recently. "And they are liberal cities, conservative cities, rich like Newport Beach, poor cities, big like Cincinnati, small cities—it doesn't matter."

Read more: 10 Tips to Avoid Speeding Tickets - Popular Mechanics
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