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Old Jul 8, 2012 | 12:42 AM
  #50 (permalink)  
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kingtj
Joined: Jun 2012
Posts: 118
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From: Brunswick, MD
Default Since we're on the whole topic ...

I remember years ago receiving a ticket I honestly thought was completely unfair. I made my mind up to try to fight it myself, since I had more time than money back then.

I paid $20 or so for an ex-police officer's online guide to beating a speeding ticket in court. I think I still have a copy of the thing saved on one of my computers in a folder someplace. Heck, if I can find the thing, I'd be happy to share it with anyone who might want to take a look at it.

Basically, he had documents for each of the 50 states with previous cases where tickets were successfully argued, and another document with a lot of general tips and instructions on how to use the case law in your favor.

In the end, I wound up finding a really inexpensive lawyer who got my ticket reduced to excessive noise or something like that, so I "chickened out" and went that easier route. But the information was interesting reading, regardless. He seemed to concentrate the most on tickets received from radar, and emphasized that a ticket doesn't just accuse you of "speeding" in a general sense. It makes a very specific claim that you were going at an exact speed. That means it's a requirement that they prove the radar gun was truly functioning properly and calibrated accurately at the time/date you were clocked. Otherwise, there is some reasonable doubt that can be cast on whether the claim you were exceeding the speed limit by the amount written on that ticket is an accurate charge.

Most of the people who successfully fought a ticket with this strategy seemed to succeed for the following reasons:

1. They arrived in the court room with lots of case-law already printed up and sorted neatly in a folder of some sort, and even raised their hand before court started, asking the judge if they could approach the bench to give him/her copies of the relevant cases, with the most important parts highlighted.
2. They didn't let the prosecutor trick them into admitting guilt in some way, but rather, kept them on the defensive by demanding proof that the radar gun used was properly calibrated, AND any tuning forks used in its calibration were also verified to be in good condition, according to standard procedures for maintaining the equipment.

I think what really winds up working in someone's favor in this situation is the fact that a judge is impressed a person made this much effort, when 99% of people won't. Plus, there's usually a certain level of respect for someone willing to represent themselves in the courtroom these days, vs. hiring a lawyer.
 
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