Re: SPEEDING TICKET help !!!
I don't know if Minnesota has the same laws or rights as California but I have a method that's 99% percent sure of dismissal. I beat two tickets in my crossfire this year using this method.
First - I never EVER say a thing when I'm pulled over - "do you know how fast you were going" - I was doing "speed limit" officer - I looked down at my speedometer and it said XXXMPH .....Nothing more - silence - - no chit chat - nothing to make me stand out to the officer or give them "Extra" notes to take down. Once you say you were speeding - your done...you can't talk your way out of a ticket - only into a conviction. If I have a recorder handy (I usually do for meetings) - I record everything...
We have a system here in CA called "Trial by Written Declaration"
It basically means you avoid going to court - where you never win - the officer always shows (they get 8 hrs. of overtime on their appointed court day and usually only spend 3-4 hours in court) and gets to hear you tell the judge your testimony first and then can say what ever they want to convict you.
Instead - - you write out your side of the story - claiming the cop got the wrong guy on radar - what ever... But here is the catch...
I first wait until my "last day to post bail date" usually 30 days from the ticket date - I then show up at the court house traffic counter and ask for a 30 day extension to come up with the money.... Always granted.
At the end of the 30 day extension I return and ask for a "Trial by Written Declaration" the clerk fills out and prints the paper work and shows me where to write down my testimony and to add extra sheets and diagrams if necessary (and it always is - - I can write a good story and make some killer diagrams) ...and automatically grants me another 30 day extension. On the 30th day I return with my paperwork filled out and pay the bail.... it takes 20 days for the (usually a liberal lawyer who gets to be judge) to get the papers and he then sends a request to the officer for his/her testimony.
By now its been 110 days since I got the ticket - and the Officer goes WTF? - Doesn’t remember me - can't find any notes if he even has any – or figures I spend all day on patrol and now I have to type up a testimony on my time…and just throws the papers in the trash.
When the judge doesn't get a written response - he doesn't even open my envelope and read my testimony - CASE DISMISSED!!
My bail money is mailed to me in 15 days......
** EDIT **
If you are found guilty - you can then request a "trial de Novo" which means you have to go to court and you may get lucky and have a scheduled court date when the officer is on patrol or unavailible - or perhaps convince the judge.
You get several chances to win:
1) the officer does not respond.
2) the officer does but the Judge sides with you
3) You go to court and the Officer does not show
4) you go to court and sway the Judge
Last edited by BrianBrave; Oct 31, 2008 at 06:54 PM.