First Speeding Ticket...

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Old 08-10-2015, 12:51 PM
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Angry First Speeding Ticket...

My friends and I are on our way to LA on the 60-W El Monte. I notice a cop coming off the ramp, I am in the carpool cruising about 75mph with a car in front of front of me doing the same, cruising traffic flow. The cop immediately switches all the way to the left lane, crosses the bordered line behind me. Gives me distance I still follow traffic follow there are uphills and downhills coming up, Im looking at my speedometer hitting 70 going uphill and 75 downhill. The cop starts to gain distance from me, Then the car in front of me starts to pull away and then im back to cruising 75mph. The cop comes closer and pulls to the right of my lane and is following me, Im assuming hes trying to pace me but in reality he was closing in on me and then pulls me over. I am going 75mph equal to or maybe even less when he starts getting closer to me i get paranoid. He then pulls me over and then takes me to his highway patrol officer posted in the exit in the gas station. Has the highway patrol officer write me up instead, He says that i was speeding and the maximum speed limit is 65mph. He writes me up for going 80+MPH! WTF?
This would be my first ticket ever after 3 years of driving.

Also He asked how fast i was going and of course my stupid honest ass said i was going 75mph sir. Should've said I wasnt aware damn.
When he gave me the ticket he said you got lucky my nice friend is writing you for 80mph(the ticket says 80+) so you dont get a point in your license for reckless driving. And he did say that i was going 75mph actually that i was right?? Pretty much said do traffic school since this is your first ticket bla bla bla.

Any suggestions advice would appreciate it. I am honestly obviously going to fight it because I dont have time to pay some fines that I didnt commit to.

Last edited by mvidal6; 08-10-2015 at 12:53 PM.
Old 08-10-2015, 12:57 PM
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You admitted fault to the officer..


First rule of getting pulled over, never admit anything. GG OP.. What are you going to fight? You admitted that you broke the law, if you didn't then maybe you could fight it, but now it's a different story. I think you need to just pay it, take it as a lesson learned, and don't speed when a cop is on your tail in the future.
Old 08-10-2015, 12:59 PM
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<p>you cant fight it. you were speeding.</p><p>take the traffic school, either do the home (internet) or go to an all day class. its state mandated for either 6 or 8 hours. you'll need to take a test at the end of the course. yes, it cost money.</p><p>&nbsp;</p><p>next, you'll have to present your paper work to the court receptionist. this also cost money.</p><p>&nbsp;</p><p>when you have completed all of this, there will be no points on your driving record</p>
Old 08-10-2015, 01:12 PM
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Yeah but isnt there a way my bail can be reduced? Yes lesson learned i usually let cops past by me and slow down but this one was an asshole today.
Old 08-10-2015, 01:16 PM
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<p>
Originally Posted by mvidal6
Yeah but isnt there a way my bail can be reduced? Yes lesson learned i usually let cops past by me and slow down but this one was an asshole today.
</p><p>you werent arrested, you cant post bail.</p><p>in a way, you are fighting it by taking the traffic school. by taking traffic school you're allowing them to defer points on your licence.</p><p>would you rather pay BIG fine and have points on your licence?</p><p>or</p><p>pay a little bit for traffic school and have no points on licence?</p>

Last edited by justnspace; 08-10-2015 at 01:18 PM.
Old 08-10-2015, 01:17 PM
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Not bail my fee.
Old 08-10-2015, 01:18 PM
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FFS..

Don't speed when the popo are around.. just because everyone else is wrong doesn't mean your ass is right. And never admit guilt or wrongdoing.

Old 08-10-2015, 01:19 PM
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Originally Posted by mvidal6
Yeah but isnt there a way my bail can be reduced? Yes lesson learned i usually let cops past by me and slow down but this one was an asshole today.


Somebody send this to the judge..
Old 08-10-2015, 01:20 PM
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Originally Posted by Majofo
FFS..

Don't speed when the popo are around.. just because everyone else is wrong doesn't mean your ass is right. And never admit guilt or wrongdoing.

Yo i just said i admitted that I should said i shouldn't had said that i was going 75mph and should've said i was unaware of my speed. MY HONESTY kicked in. Im an honest guy
Old 08-10-2015, 01:20 PM
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<p>
Originally Posted by mvidal6
Not bail my fee.
</p><p>it's a fee. a cost of getting caught.</p><p>it's usually court cost and paper handling and sorting cost. it should be around 100, unless cali is super jacked up</p>
Old 08-10-2015, 01:21 PM
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<p>
Originally Posted by mvidal6
Yo i just said i admitted that I should said i shouldn't had said that i was going 75mph and should've said i was unaware of my speed. MY HONESTY kicked in. Im an honest guy
</p><p>as an honest guy, you'll need to take a look at the court fees.</p><p>they are honest fees, that you will need to pay.</p>
Old 08-10-2015, 01:32 PM
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Originally Posted by mvidal6
Any suggestions advice would appreciate it. I am honestly obviously going to fight it because I dont have time to pay some fines that I didnt commit to.

The only way for your fine to be lowered is to go to court and try and fight it. But you admitted fault, what are you going to say when you go in front of the judge? "Your honor, I wasn't going 80, I was going 75 mph"?!

Originally Posted by mvidal6
Yo i just said i admitted that I should said i shouldn't had said that i was going 75mph and should've said i was unaware of my speed. MY HONESTY kicked in. Im an honest guy
Honestly... if you were an honest guy, you would honestly go and just pay the fine, go to traffic school (pay for that), and get it over with. Also don't speed for the next 1.5 years or else you honestly won't be eligible for traffic school and you honestly WILL get a point on your record AND your insurance WILL honestly increase.




It's a losing battle boss.. just pay it and don't do it again. take it as a lesson learned.
Old 08-10-2015, 01:38 PM
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<p>
Originally Posted by thoiboi
you would honestly go and just pay the fine, go to traffic school (pay for that), and get it over with. Also don't speed for the next 1.5 years or else you honestly won't be eligible for traffic school and you honestly WILL get a point on your record AND your insurance WILL honestly increase. <img alt="" src="images/smilies/2cents.gif" title="2 Cents" /> It's a losing battle boss.. just pay it and don't do it again. take it as a lesson learned.
</p><p>this right here is the only way to fix your &quot;ticket&quot; issue.</p><p>take traffic school, turn it in to court and dont get another speeding ticket for 1.5 years....and you will be golden</p>
Old 08-10-2015, 01:39 PM
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OP, you can always lawyer up and see what your options are rather than rely on anecdotal evidence and non-linear types (myself included).

note- this will still cost you money.

notice a trend with speeding and getting caught? Money!
Old 08-10-2015, 01:44 PM
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Up here, there's a decent chance at getting out of a ticket, presuming you pay. It's not guaranteed by any stretch though. It always comes down to how much you're willing to pursue the issue and what the evidence is. Admitting you were driving 75mph isn't necessarily game over. You can claim you were nervous and blurted it out.

When it comes to the courts, things are anything but set in stone. He, OJ killed two people and got away with it!
Old 08-10-2015, 01:44 PM
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<p>
Originally Posted by TacoBello
OP, you can always lawyer up and see what your options are rather than rely on anecdotal evidence and non-linear types (myself included). note- this will still cost you money. notice a trend with speeding and getting caught? Money!
</p><p>here's some free advice, OP.</p><p>Dont speed. </p>
Old 08-10-2015, 01:46 PM
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<p>
Originally Posted by TacoBello
Up here, there's a decent chance at getting out of a ticket, presuming you pay. It's not guaranteed by any stretch though. It always comes down to how much you're willing to pursue the issue and what the evidence is. Admitting you were driving 75mph isn't necessarily game over. You can claim you were nervous and blurted it out. When it comes to the courts, things are anything but set in stone. He, OJ killed two people and got away with it!
</p><p>Not every one murders. But every one gets speeding tickets!</p><p>what im trying to say, it's not even worth trying to fight.<br />&nbsp;</p><p>&nbsp;</p>
Old 08-10-2015, 01:55 PM
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Originally Posted by justnspace
<p></p><p>Not every one murders. But every one gets speeding tickets!</p><p>what im trying to say, it's not even worth trying to fight.<br />&nbsp;</p><p>&nbsp;</p>

'worth' in the monetary sense. also admitting on a forum that you committed a crime and then trying to pursue it in a court of law probably won't help your case either

I know OP has complained a lot about financial issues in the past but in a case like this, is it worth your time and energy involved to fight this kind of losing battle? Ultimately it's up to you, if you have time and would like to proceed in court then I suggest looking up different tactics to see if you can win or pay a lawyer.


But like Justin, I don't think it's worth it either.. I got pulled over in that area a few years back too. Was doing 88 at 3 AM. Was also in the carpool lane by myself. Got a ticket for 80.. nothing for carpool... Counted my blessings, paid the fine and court fees, traffic school fees, and never did it again. Cop was 'pacing' me too aka speeding up right behind me and lighting me up. NO radar, no laser per my ValentineOne so I know if I wanted to fight it, I could have won. Did I bother? No, because I have far better things to do.
Old 08-10-2015, 01:59 PM
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Originally Posted by mvidal6
Yo i just said i admitted that I should said i shouldn't had said that i was going 75mph and should've said i was unaware of my speed. MY HONESTY kicked in. Im an honest guy
Being honest isn't my point. My point was you knew you were wrong but thought because you were going with the flow that it was fine.

But getting back to the honesty, just because you said you were going 75, doesn't mean you weren't getting a ticket. He might have written you up for reckless if you acted dumb. It just kills any defense you have when it goes to the judge because you admitted violation of the law. It's no longer your word vs his.

Therefore, pay your fine, learn your lesson, and get on with life. Next time you see them, slow your roll. If they're on your butt, get over and let them by. It sounds like he gave you an opportunity to go the speed limit, but instead used that squandered opportunity to teach you a lesson.
Old 08-10-2015, 02:01 PM
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<p>this is also called maintaining financial responsibility.<br />&nbsp;you are responsible for paying the court fees, etc...</p><p>as you get older and wiser; you'll realize that taking care of financial responsibility will help you build wealth.</p><p>Always pay court fees. how do you not get court fees? by not speeding, of course.</p>
Old 08-10-2015, 02:06 PM
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Do 'muricans have the demerit system also, when it comes to driving? Here we are allowed 16 demerits before your licence gets suspended, however, we do have the option of doing that traffic school business to reduce the number of points we have on record.

That being said, here, if you walk into traffic court, you're pretty much gauranteed to get a fine and demerit reduction on any kind of ticket. I have yet to hear of someone NOT getting the reduction. Getting a ticket thrown out does require more effort though and happens less often.
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Old 08-10-2015, 02:12 PM
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Originally Posted by Majofo
But getting back to the honesty, just because you said you were going 75, doesn't mean you weren't getting a ticket. He might have written you up for reckless if you acted dumb. It just kills any defense you have when it goes to the judge because you admitted violation of the law. It's no longer your word vs his.

Therefore, pay your fine, learn your lesson, and get on with life. Next time you see them, slow your roll. If they're on your butt, get over and let them by. It sounds like he gave you an opportunity to go the speed limit, but instead used that squandered opportunity to teach you a lesson.
Truth. A police officer knows the laws and knows of more ways to screw you then you can imagine. It's ALWAYS better to play along. Tell them what they want to hear. If you lie or play dumb, it can just come back to bite you even harder than the original penalty. Ask me how I know.

Take accountability for YOUR actions. Don't blame others for what you were busted for. If a dozen people, including yourself, all had drugs, would you still say "well everyone else has them! Why am I getting in trouble?!". I highly doubt it. You've got no one to blame but yourself and your right foot
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Old 08-10-2015, 02:48 PM
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As a long time California Officer, you drove through a CHP Speed Enforcement Team working this area. There are several ways you speed was determined besides radar and the officer "pacing" you.

In California you have several options for this ticket. Simply pay the fine and have it on your record, go to traffic court and plead guilty at which time the Judge will sentence you to traffic school if this is in fact your first ticket, or lastly plead innocent and fight your ticket with your reasons.

Unfortunately if you plead innocent and loose, you no longer have the option of traffic school. Just a fine and point on your DMV record. Assuming your 19 or 20 and the CHP did everything correctly, you don't have a chance. Every judge in California knows that the CHP is seldom wrong in these situations.

As a side note, if this had not been a "Speed Enforcement Team", you most likely would not have been pulled over for 70 or 75 in a 65. During these "Teams", there is almost no officer discretion.
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Old 08-10-2015, 02:51 PM
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Drake a police officer.. damn Meek. Somebody pull this fool's hood card. All credibility went 100 to 0 real quick.
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Old 08-10-2015, 02:54 PM
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<p>thanks <img alt="" src="images/smilies/cop.gif" title="brakejob" /></p>
Old 08-10-2015, 04:25 PM
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@ Maj.


OP - Just be happy you don't live in Massachusetts. You would get a point on your license regardless, unless you beat it. (no traffic school or forgiveness for first offenders).

If I were you, I'd gladly pay it & take the damn course.
Old 08-10-2015, 05:20 PM
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My advice OP....

Or what i would do if i got that ticket in my area.

When you go to court to pay you have to pay regardless if you fight it or admit fault.

Fight it but obviously you cant fight the fact that you were at least 5-10 over. Which is a reason enough to receive the ticket.
But you may get lucky. Try to simply fight the fact that they wrote down 80 when it was only 75. Thats very trivial but the cop may not even show up which will let you off completely.

I have heard that chp issueed tickets get court scheduled on a day the officer works where as a regular cop has their court dates on a day they dont work. Not sure how much truth is in that but if there is any then the chp officer will show.

Good luck!
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Old 08-10-2015, 05:26 PM
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<p>^uhhhh, you're going the opposite of what the Californian said.&nbsp;</p>
Old 08-10-2015, 07:26 PM
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Originally Posted by justnspace
<p>^uhhhh, you're going the opposite of what the Californian said.&nbsp;</p>
How? Cop told him what was up. Some good info.

I simply said he could fight the 80mph claim as he feels that was wrong. He may get lucky and the officer not show up which would make him innocent of all charges in the ticket.

If cop shows up hes fucked. Even if they change it from 80 to 75 hes still getting fined.
Old 08-10-2015, 08:41 PM
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<p>^LEO clearly states that he will lose.&nbsp;</p><p>&nbsp;</p><p>but, hey, you 19 year olds do what you need to do.&nbsp;</p>
Old 08-10-2015, 08:54 PM
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so when is it ok to drive 80 mph in a 65mph zone? 70mph I can see that as reasonable but 80mph, man you're just asking to be ticketed and towed.
Old 08-11-2015, 01:14 AM
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Originally Posted by justnspace
<p>^LEO clearly states that he will lose.&nbsp;</p><p>&nbsp;</p><p>but, hey, you 19 year olds do what you need to do.&nbsp;</p>
Seriously Im just not even responding to you anymore. I dont think you even read the posts you bitch at.

I said TWICE that OP wasn't going to win anything.

Originally Posted by usdmJON
Fight it but obviously you cant fight the fact that you were at least 5-10 over. Which is a reason enough to receive the ticket.
Originally Posted by usdmJON
If cop shows up hes fucked. Even if they change it from 80 to 75 hes still getting fined.
What I am saying is there is a slight chance the cop just wont show up. Even if OP is wrong, which I have said he was, he will get off on the ticket on the technicality that the officer didnt show up to argue his case.
Old 08-11-2015, 06:36 AM
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<p>
Originally Posted by LEO
Unfortunately if you plead innocent and loose, you no longer have the option of traffic school. Just a fine and point on your DMV record.<strong> Assuming your 19 or 20 and the CHP did everything correctly, you don't have a chance. Every judge in California knows that the CHP is seldom wrong in these situations. </strong>
</p><p>&nbsp;</p><p>I would just take the defensive driving and call it a day.</p><p>&nbsp;</p><p>&nbsp;</p><p>Dont make it hard on yourself by trying to fight it, then losing....THEN not be able to take the defensive driving course.</p>
Old 08-13-2015, 09:11 AM
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Originally Posted by justnspace
^uhhhh, you're going the opposite of what the Californian said.
I always love it when people from out of state give advice on how to handle tickets.

Drake clearly identified the reasons the OP was stopped and ticketed. Trying to "fight" the ticket will end up costing more in fines and fees than taking traffic school and paying those fees.

If the cop wrote 80+ then there is a good chance that at some point you were going 80+ - even if you went 70-75 most of the time. There is no reason for the cop to write 80+ if you went 75 since that in itself if 10 over.

How would you suggest that you fight this in court? Do you have proof that you weren't going faster than 75? When was your speedometer last calibrated?

Finally, what were you doing to get pulled out of the pack? Maybe because you would have gone faster had a car not been in front of you? Do you have obvious mods or tint to catch the eye of the cop? Were you tailgating?

And why didn't you slowly ease off the gas when you saw the cop?

You gotta pay to play.
Old 08-13-2015, 10:14 AM
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Originally Posted by ceb
I always love it when people from out of state give advice on how to handle tickets.
I always love when people dont have a clue what they are talking about.
Old 08-13-2015, 10:31 AM
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Originally Posted by justnspace
<p>^LEO clearly states that he will lose.&nbsp;</p><p>&nbsp;</p><p>but, hey, you 19 year olds do what you need to do.&nbsp;</p>
I dunno, if I trusted everything a LEO said, I'd be sitting in jail for my "illegal" exhaust right now... For which he couldn't even tell me why it was illegal, lol.

That's what lawyers are for. Especially lawyers who specialize in traffic.

When it comes to the law, nothing is guaranteed.

One officer's opinion does not constitute as truth for the entire state.
Old 08-13-2015, 10:37 AM
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Originally Posted by ceb
I always love it when people from out of state give advice on how to handle tickets.

Drake clearly identified the reasons the OP was stopped and ticketed. Trying to "fight" the ticket will end up costing more in fines and fees than taking traffic school and paying those fees.

If the cop wrote 80+ then there is a good chance that at some point you were going 80+ - even if you went 70-75 most of the time. There is no reason for the cop to write 80+ if you went 75 since that in itself if 10 over.

How would you suggest that you fight this in court? Do you have proof that you weren't going faster than 75? When was your speedometer last calibrated?

Finally, what were you doing to get pulled out of the pack? Maybe because you would have gone faster had a car not been in front of you? Do you have obvious mods or tint to catch the eye of the cop? Were you tailgating?

And why didn't you slowly ease off the gas when you saw the cop?

You gotta pay to play.
I remember coming across a thread, somewhere in the depths of the internet about 2 years ago when I was last pulled over (I was hoping to fight a ticket I got, but ended up chickening out ), where a guy gave step by step instructions on how to fight a ticket in the US. He said it is not guaranteed to work, but works more often than not.

OP doesn't need to provide proof of how fast he was going. The ticketing officer has to provide that proof and there is admissible and inadmissible forms of evidence. If the officer doesn't follow every step correctly, there's an opportunity for the OP to get off. Apparently that's how people are able to get out of these tickets- because a step was missed along the way and the judge throws the case out.

Maybe the CHP has their shit perfectly aligned and they don't screw up. But they are humans. And humans make mistakes sometimes. Who knows.
Old 08-13-2015, 10:37 AM
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You wouldn't have this issue if you had bought a RLX with upgraded tires.





Listen to Drake..

Go to traffic school, and next time when you see a cop drop it to 65.

Last edited by Flipster23; 08-13-2015 at 10:41 AM.
Old 08-13-2015, 10:39 AM
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Originally Posted by ceb
I always love it when people from out of state give advice on how to handle tickets.

Drake clearly identified the reasons the OP was stopped and ticketed. Trying to "fight" the ticket will end up costing more in fines and fees than taking traffic school and paying those fees.

If the cop wrote 80+ then there is a good chance that at some point you were going 80+ - even if you went 70-75 most of the time. There is no reason for the cop to write 80+ if you went 75 since that in itself if 10 over.

How would you suggest that you fight this in court? Do you have proof that you weren't going faster than 75? When was your speedometer last calibrated?

Finally, what were you doing to get pulled out of the pack? Maybe because you would have gone faster had a car not been in front of you? Do you have obvious mods or tint to catch the eye of the cop? Were you tailgating?

And why didn't you slowly ease off the gas when you saw the cop?

You gotta pay to play.
TF you talkin' bout?
Old 08-13-2015, 10:43 AM
  #40  
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I found that article. Take it for what it's worth. Some say it won't work, some say it will. If it doesn't cost OP anything, he's got little to lose.

I can see the looks on your faces right now. You’re thinking that this just can’t be true. That there is no way the average Joe is going to walk into a courtroom and beat his case.

Honestly, I can’t blame you. I know there is a huge belief that speeding tickets just can’t be beat. And for me to say it’s so easy to do makes you wonder why more people don’t know about it.

After all, if it’s so simple everyone would be doing it. Right?

Well, you are right. But you have to remember one thing…. what I am about to reveal to you is virtually unknown to the general public. It utilizes an ingenious method for catching the prosecution off guard.

If more people knew how to do it, the courts would quickly go bankrupt.

Fortunately for us, since so few people know how this works, it’s not used very much and the courts have yet to catch on! The court’s ignorance allows you to milk the system for what it’s worth and easily beat your speeding ticket.

Nothing illegal, unethical, or immoral about it. This is a clever legal strategy anyone can apply regardless of whether you have ever been inside a courtroom before.

As a matter of fact, this system is so powerful it even works if you’re absolutely guilty of the charge against you! It just doesn’t matter. No other defense you can concoct will have the certainty that this one has.

By using proven courtroom strategies that even a teenager could do, you will have the upper hand and take revenge on the court system and beat your speeding ticket.

Standards of Proof

It is essential that you first understand there is no one sure-fire way to beat a speeding ticket. Everyone’s situation is different. One person might be fighting a speeding ticket from a stationary radar unit whereas another will be contesting a speeding ticket from a moving radar unit or even a laser unit.

Each one requires different defenses.

There could also be other aspects involved, such as the location where the offense occurred. All of these play an important part when deciding what defense strategy is best for you.

Also bear in mind that some states have different standards of proof when it comes to proving a case against a defendant. There is the “beyond a reasonable doubt” standard of proof and the “preponderance of the evidence” standard of proof.

I won’t go into too much detail at this point because I have written an entirely separate report on standards of poof that I urge you to read.

It is enough for now that you at least know there are two main classifications of speeding tickets:

1. Mandatory Court tickets - Pink

2. Voluntary payment speeding tickets - Yellow

Since there are two classifications of speeding tickets, there are often times two different defense strategies you have to choose from.

To make things simple here, I will give you a general defense strategy you can implement when it comes to beating speeding tickets.

First Things First

First off, it’s important to know the exact measuring device used to clock your speed. You can find this out by examining your speeding ticket. Once you know the exact speed measuring device used, (radar, laser, pacing, etc.) you can now begin preparing your defense.

The next thing to do is to print out a special case law document and make three copies of it. One will be for you, one for the judge and one for the prosecutor.

Phase one is now complete! Now on to phase two.

Believe it or not, just by completing this first phase, you are way ahead of the game.

Now, because you have this case law, you have total control over the judge and prosecutor. Once the prosecutor sees that you have this document with you, he’ll know to back off a bit and play his cards right.

Case law can play a huge, factor in beating your speeding ticket when the judge or prosecutor are taking advantage of you.

Technically you can still beat a speeding ticket without one, but it sure makes your job a whole lot easier with it.

Okay, now that you have made three copies of the case law, it is time to prepare your defense.

Officer’s Testimony

In order to be found guilty of a speeding ticket in court, the police officer must prove certain things during his initial testimony. Here are a few of them:

1. You were the one he caught speeding.


2. You were caught speeding in a specific make, model, and year vehicle with license plate number.


3. You were speeding on a specific street at a specific time and day within his jurisdiction.


4. The unit used to measure your speed was properly functioning and calibrated.

This is exactly what the officer must testify to. If he leaves anything out, you should "attack" it and try to beat your case.

QUICK SIDE NOTE:
If while giving his testimony you notice the officer reading word- for-word from his notes, object immediately! Tell the judge the officer should testify from his recollection instead of his notes. Also, you have a right to see the officer’s notes if you so choose.

By objecting to the officer reading from his notes, even if you are overruled - (the judge will tell him to use them as a mental refresher), you will seriously throw the officer off his normal mode of operation. Anything you can do to disrupt the officer from giving his usual testimony will be a big plus for you.

Of the above things the officer will attempt to prove, you are going to attack any one the officer left out during his testimony. If the officer fails to testify to one of the points above, wait for the prosecutor to rest his case and point out the missing testimonies to the judge and ask for a dismissal.

These testimonies are required by law if the officer is to prove you are guilty of speeding. If he makes a mistake and skips a certain testimony, then by law the officer has not established his case against you.

Now, you may be thinking, “What are the chances of that happening?”

Actually, the chances are very good that he may forget to testify to something.

Although the officer is no stranger to traffic court, many times he’ll inadvertently forget to mention something (like the license plate # of your car), that you can use against him.

Remember, he’s only human.

However, it's up to the defendant to stop it!

The officer makes the same mistakes over and over, but if the defense (you) doesn't say anything, it's allowed.

If the officer does testify to the first 3 things above, you will leave well enough alone. Because, YES it was you who the officer pulled over and YES you were in the same vehicle the officer described and finally YES you were on the same street within the officer’s jurisdiction at the exact time the officer mentioned.

Do not attempt to challenge these points. You will lose! Only go this route if he forgets to testify to them and the prosecutor has rested his case.

But, we will use one of his testimonies against him.

Testimony #4 is the killer!

An officer is required to testify that the unit used to measure your speed was calibrated at the time it was used on you. But, merely testifying to this fact is not enough. He must also prove it.

This is where most people screw up. They are the ones who try and “prove” the radar gun was faulty or that the officer made a mistake. However, this is not the proper way to defend yourselves.

There is something called judicial notice in the courtrooms. This means that radar guns are adequate methods of speed enforcement. Merely arguing to the judge that the radar unit made a mistake or targeted a different vehicle is not enough to convince him.

He will take judicial notice on the matter and tell you to move on.

Your only chance at beating your ticket is to attack the officer’s last testimony: TESTIMONY #4: The unit used to measure your speed was properly functioning and calibrated.

The judge will accept the officer’s testimony that the unit was accurate at the time it was used.

But here’s the exception: if you ask the officer to provide documentation (proof) proving that he did do something he said he did during his testimony, he must provide this documentation.

He doesn’t initially have to provide it during his testimony, but if you ask for it... HE DOES!

If the police officer or the prosecutor doesn’t supply this documentation, then the prosecution has failed to do one of the required steps by law in order to legally convict you.

Every testimony given must be clearly proven. He can’t prove one and not the other. Most everything above can be proven:

* When the officer said that it was you who committed the offense, he can prove that because he stopped you & issued you the ticket.


* When the officer described your car as being the vehicle you were driving at the time, he can prove that because it’s written on the speeding ticket.


* When the officer said that you were caught speeding in his jurisdiction, he can prove that because the location of the offense is written on the speeding ticket.

However, the last one will be extremely hard (almost impossible) to prove!

If and when the police officer or prosecutor can not prove this last testimony (that his radar gun was calibrated), your speeding ticket should be DISMISSED!

As just mentioned, most everything the officer testified to can be proven. However the last statement the officer gives can never really be proven because neither the officer nor the prosecutor have brought the appropriate documentation to prove it.

When you ask the officer for proof he doesn’t have, you are one step closer to winning your case. As for this example, all you have to do is ask for ONE simple thing (which by the way should have been brought to court) and your case is over!

No proof? No case!!

Our legal system requires substantial evidence to a crime before a defendant can be found guilty. The same holds true in traffic court. In order for you to be convicted, the prosecution must present enough evidence to prove you did in fact exceed the speed limit.

When it comes to speeding tickets, there is only so much evidence they have. They don’t have stacks of evidence against you. Heck, most of the time the only sheet of paper they have brought with them is your speeding ticket!.

It’s the evidence and only the evidence that can prove your guilt. All you have to do is attack the evidence they plan to convict you with.

Don’t be discouraged though. There’s nothing at all hard about doing this.

Rest assured that 50 to 70% of the time there isn’t any evidence to begin with. The judge will be relying solely on the officer’s verbal testimony to find you guilty.

The police officer’s testimony alone has found hundreds of other people guilty in the past, so they have no reason to think that it won’t work on you too.

For the sake of argument, let’s say the prosecutor (or police officer) didn’t bring any physical evidence and are relying solely on the officer’s testimony. If this is the case (which it is 50 to 70% of the time) consider yourself fortunate. Now all you have to do is simply ask for ONE thing you know the officer or prosecutor doesn’t have and your case should be dismissed.

Because they don’t have what you are asking for, they don’t have the proof that they so desperately need to convict you. Unless they can supply this evidence you request, neither the police officer nor the prosecutor can legally prove you’re guilty of speeding.

“That Sounds Great Sweet Chariot, But What
If The Judge Says The Prosecution Doesn’t
Have To Supply This Evidence?”

This is where most people fail. They come to court prepared with only half a defense. They don’t know how to respond when something like this occurs.

If the judge or prosecutor says something to the effect that the evidence you are requesting is immaterial or not important, simply give the judge a friendly smile and remind him of the case law you brought with you. This is why you brought it to begin with.

This document (which comes from the highest courts, usually Court of Queens Bench) clearly states that if a defendant should request any type of evidence from the officer, the officer is obligated to provide it!

It also states that if the police officer can not, a dismissal should be rendered to the defendant. The judge can not go against this mighty document.

That’s why it’s a very good idea to bring it with you. It acts as a good slap in the face and shows the judge and prosecutor of who’s really boss in that courtroom. They can’t go against a ruling from a State Supreme Court!

The judge will have NO choice but to turn to the officer and ask him if he has brought this evidence you request.

When he says “no”…. CASE DISMISSED!

It really is as easy as that. It all depends on whether or not you know what to ask for.

So, to sum things up a bit...

...your main goal is to ask the prosecution for something essential to the case, but doesn’t have!

Once you’ve accomplished this, their whole case against you is worthless.

Okay, so far are you with me?

That was a scenario where the prosecutor or officer has failed to bring any evidence. You’ll easily win your case if they don’t (50 to 70% of the time).

Now you’re probably wondering what to do if they have the evidence you request.

Attacking The Evidence

The following is a scenario where the prosecution has brought some evidence to court.

Before the police officer begins his testimony, the prosecutor will begin by introducing the evidence he has against you. More times than not, the only evidence the prosecutor has brought is the paper work documenting the calibration (or testing) on the speed measuring device used.

This is actually very damaging evidence against you because it proves to the court that the officer's radar gun was functioning properly at the time he used it on you.

Remember, if he can clearly prove this, the case is over for you!

Once the prosecutor has made his opening statement and presented this paper work as evidence, the police officer will then give his testimony. The officer will also give reference to the fact the calibration paper work is present in court.

Once the officer is done, it will be your turn to cross examine him.

First, ask the officer for proof that his radar gun was tested and/or calibrated at the time he used it on you and wait for them to present the evidence.

The next thing you should do is ask to see the paper work. They can not deny you this right.

Once you have this paper work, look to see if it is of a certain type. If it is not (which 90% of the time it isn’t), turn to the judge and ask him to have the officer or prosecutor present legally accepted paper work.

When I say “legally accepted”, I mean the paper work has to be one the courts will accept as evidence. Not any old plain sheet of white paper will do.

The judge will ask the prosecutor or officer if they have “legally acceptable” paper work with them. And, of course they don't.

They don’t have it because they didn’t expect you to know the difference between acceptable and unacceptable paper work.

When they say they don’t have one, the judge will then throw out the current paper work as evidence.

Now you might be wondering if the paperwork wasn't acceptable in the first place, why would the prosecutor still bring it?

Good question!

In court, it's only unacceptable if you bring up the issue. The judge will allow it if you make no objections to it. But if you do object to it, then legally the judge should refuse it as evidence.

Uh oh… now the prosecutor is in deep sh*t. The only evidence he brought with him has just been rendered inadmissible. And no, he can’t call a recess and go get the proper paper work. The judge won’t allow that.

With no other evidence to present and no other avenue to turn, the prosecutor will motion for a dismissal. He has to, because there’s nothing left for him to do at this point. And besides, there are other people in the courtroom waiting to have their case heard.

Can you imagine what would happen if everyone else in the courtroom did the same thing you just did? It would be catastrophic for the court. Instead, both the judge and prosecutor will want to get on with the rest of the days proceedings.

They’ll accept your one case as a loss and move on.

“Okay Sweet Chariot, But What If They Do
Have Proper Paper Work With Them?”

“Then what?”

Never fear, Beat the System has an answer for everything. But before I continue, let me just say that the chances of the prosecutor bringing the correct type of paper work with him is extremely slim. And the reason for this has to do with one factor – TIME.

Remember, the prosecutor has to try between 20 to 30 cases a day. If he were to take the time and retrieve the proper paper work for each person, he would never be able to finish his job.

It’s just impossible!

Also, remember one other thing… the prosecutor has used this same paper work hundreds of times in the past and it worked like a charm. Because those other defendants didn’t know the secrets.

Okay, let’s get back to contesting this speeding ticket. So, the prosecutor happened to have brought the correct paper work, now what?

What you want to do is examine the paper work some more. There are four other things you will be looking for. 1 Tuning fork test certificate, make sure the serial #'s are consistant with the make & model of the RADAR, if LASER make sure it was tested against a RADAR. It's extremely rare to find a document that will contain all four required steps.

For instance, the officer is required to do two things to the radar gun before and after he uses it on you. Each one of these two steps MUST be documented in order for the paper work to hold up in court. More than likely the officer has completed only one of the two legally required steps.

Look to see if both steps have been documented. I’ll bet any money that only one of them is. Once you see this second step has not been done, simply turn to the judge and request a dismissal based on this fact.

Anything left out of the paper work is grounds for a dismissal.

Another way to have the paper work thrown out as evidence is as follows:

Police officers regularly share each others squad cars. This means, that they also share each others radar guns (second shift will share first shifts and third shifts will share second shifts radar gun).

The radar gun regularly exchanges hands many times throughout the day. This can only mean three things… mistakes, mistakes, mistakes!

Don’t be surprised if the paper work the prosecutor presents as evidence has a different police officer’s name on it. This happens more times than you think.

Before the officer comes to court, all paper work was given to him by an employee (possibly another police officer) at the police station. Rarely do they check the authenticity of this paper work.

Simply look to see whose name is on the document and if it mentions anyone other than the officer present in court, the document is inadmissible. Easy as that!

CASE DISMISSED!!

I hope by now you see the simplicity of it all. You’re not defending yourself against a murder charge. This is a simple speeding ticket so the prosecutor and police officer don’t do much to prepare their case.

Take advantage of that!

They’re assuming that you will be like the rest of the idiots they prosecute on a regular basis. As a result, they’re also assuming the lousy evidence they have against you will hold up in court as it always does.

If only they knew!

What I’ve given you hear was just a small sample of the type of strategies you can learn to easily beat a speeding ticket.

Good Luck...oh and slow down!!!!!


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