Posts Tagged ‘speeding tickets’

Fighting Your Traffic Ticket: Don’t Make These 5 Foolish Mistakes

Friday, September 3rd, 2010

Over the years I have heard of some pretty awful defense strategies people use to try and get out of a traffic ticket. You cant blame them though. A lot of these individuals were simply relying on so called insider information they heard from a friend.

In this article we will go over the 5 most common mistakes used by people when trying to fight their traffic ticket. Use these as a guide of what not to do.

Mistake #1- Delaying the traffic court date

Almost every other book I’ve read on traffic tickets advises you to postpone the trial by asking for a continuance. They claim the longer your traffic court trial is from the original infraction, the greater the chance the officer will fail to show up to court on your traffic ticket.

Do not try to delay your date with the traffic court. You will not increase the likelihood the officer wont be there and thus having your traffic ticket thrown out.

The question I’ve always had was if you do put off your court date, what do you do when he still shows up?

Traffic officers get paid overtime to be in traffic court. They don’t bring them off their patrols to be there.

Mistake #2- Requesting evidence before traffic court.

By law you do have a legal right to see everything the prosecution plans to convict you with. This process is called ‘discovery’ and can be useful in a murder trial. But this isn’t a murder trial and doing so can actually hurt your case.

When you make a motion for discovery and request evidence before your trial, this sends red flags to the prosecution that you are planning a good defense. He’ll take it as a challenge and will prepare his case so efficiently that it becomes almost impossible to win.

Do yourself a favor and don’t even contact the court about anything related to your traffic ticket. You don’t want them to know your familiar with the proceedings of traffic court.

Mistake #3- Doing a lot of needless research

Who likes to spend their free time at the courthouse researching boring piles of books pertaining to law? Trust me, there is no need in doing this.

For most traffic tickets it is pointless to read up on case law before traffic court. Except on the rare occasion that you may want to see how a certain statute is worded.

Mistake #4- Going after the police officers credibility

If your defense is to go to traffic court and try to make the officer who gave you the traffic ticket look like an idiot, don’t waste your time. Using any number of ridiculous excuses like the police officer singled you out or that he used the radar gun improperly will not work.

Challenging the officers training of a radar gun will always draw scrutiny from the judge. He will take the officers side and will insist you ask the next question.

Lets face it, the officer has been properly trained on the use of the speed detecting device he used to give you a traffic ticket. There is no question about it. Where would you get the evidence the judge will ask for to support this claim?

Mistake #5- Showing up to traffic court unprepared.

Probably the mistake most people make is thinking they did a good job doing their homework prior to their day in traffic court, and actually didn’t have a clue as to what they were doing to get prepared. So they lose their case and end up being convicted of the traffic ticket.

And then there are those who don’t do any research and think that they can tell there side of the story and the judge will have pity on them. Yeah right!

Its understandable that it can be nerve wracking showing up to traffic court. Just remember you aren’t on trial for your life, its just a traffic ticket. Traffic court is designed to be user friendly because of the volume of people going through there daily.

If you avoid these 5 mistakes you will have a better chance of winning your case in traffic court, and hopefully getting that traffic ticket thrown out.

Looking to find the best information on traffic court? Then visit www.Paytrafficviolation.com to find the best advice on traffic violations and how to fight them.

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Non Moving Violations And Moving Violations, What Are The Differences?

Friday, September 3rd, 2010

There are two main differences between traffic violations. Knowing which kind you have can be very important when determining how to handle your particular situation.

Sometimes if your ticket is not a serious one that gets reported to your auto insurance company, you may be better off just paying the fine and not challenging it in court.

The two main types of traffic tickets are either moving or non moving violations. Non moving violations usually involve smaller fines and can be a parking ticket or some kind of fix it ticket.

Plus, as a bonus they do not show up on your driving record, which means your auto insurance company won’t find out about them.

Some common non-moving violations include: improper registration, failure to use seatbelt, broken taillights, no license plate, no license lamps, and improper parking.

The fines for non moving violations are normally small, like around $50 or less. So its usually better, just from a hassle stand point, to pay these types of violations and not waste hours in traffic court.

However if the ticket can cleared easily you should certainly try. For example a ticket for a non working tail light can be dismissed if you show proof you fixed it in most cases.

On the other hand, a moving violation is any law broken by the automobile driver while the vehicle is in motion. This type of violation is distinguished by the term ‘motion’. While a non moving violation is charged against the vehicle, a moving violations are charged against the driver of a vehicle. While usually only classifies as infractions or misdemeanors, serious violations can be felonies.

In most places, moving violations involve fines which must be paid as well as punitive points assessed to the license of the driver. As a driver accumulates points, he or she may be required to attend defensive driving lessons, re-take his or her driving test or even surrender his or her license.

In the US fines are in set amounts that can vary from $50 or so, up to and even surpassing $750 in some instances. In other countries traffic violation fines can be set proportional to the individuals income, and judgments of $100,000 or more aren’t unheard of!

Common moving violations include: speeding (by far the most common violation) , running a stop sign or red traffic light, failure to yield to someone with the right of way, failing to maintain a single lane, not stopping for a pedestrian in a crosswalk, crossing the gore (striped area), failure to secure a load to a truck, driving in a car pool lane illegally, or driving too slow for road conditions, particularly in a left-hand lane

More serious moving violations include: racing on a public street, road rage, drunk driving, and vehicular homicide

Traffic violations are also broken down into either civil or criminal. While they both have points and fines associated with them, only criminal violations can wind up you up in jail.

Sentences handed down in criminal violations are obligations to the state for acts committed. The term ‘state’ can be a city, town, state or federal government or any other kind of m municipality. These are moving violations to avoid at all costs, obviously.

Looking to find the best information on the internet about traffic tickets? Then visit www.Paytrafficviolation.com to find the best advice for beating your traffic ticket.

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Read These Astonishing Speeding Ticket Facts!

Thursday, September 2nd, 2010

Over 100,000 people a day receive a speeding ticket in this country. That’s over 36,500,000 speeding tickets per year.

One in every six drivers will be ticketed for speeding this year.

Average speeding tickets cost $150.

Almost 5 and one half BILLION dollars a year are generated just from speeding fines. $150 x 36,500,000= $5,475,000,000!

Auto insurance for just one speeding ticket can cost you around $900 on average over 3 years.

Take 36,500,000 and multiply by $900 and you get 3.28 BILLION! Thats the extra money auto insurance companies make in increased premiums.

Over 95% of people who receive a speeding ticket never contest it and just pay the fine.

A lot of the 5% who do fight their ticket will either get reduced charges, or the ticket dismissed altogether.

There are almost 200,000,000 licensed drivers currently in the US.

40% of the time the police officer doesn’t show up in traffic court. This is grounds for dismissal.

Paradise Valley, Arizona, in 1987 became the first town in America to use photo radar.

Brooklyn, Ohio became the first city to mandate seat belts while driving back in 1966.

The age groups between 17 and 24 years of age receive the most speeding tickets.

Males receive more speeding tickets than their female counter parts.

Conversely more women than men will fight their traffic tickets.

Seventeen year old drivers are more likely to be involved in an accident than any other age group.

In July 1879, two men are fined for speeding horses in Seattle.

The first automobile made by Henry Ford in 1894 only went forward.

Traffic lights were used before the advent of the motorcar. In 1868, a lantern with red and green signals was used at a London intersection to control the flow of horse buggies and pedestrians.

Photo radar cameras in Washington D.C. since 1999 have issued almost 3 million tickets worth almost $200 million.

The earliest known speeding ticket on file was issued in 1910 to the Prime Minister of Canada’s wife. She was traveling at a whopping 10 mph over the limit.

Out of all professions, doctors get the most speeding tickets.

In salary and benefits an average police officer will cost a city around $75,000 a year. He will also make the town an average of $150,000 in that same year. Cops are good investments.

Top 10 States Notorious for Writing Tickets:

1. Ohio 2. Pennsylvania 3. New York 4. California 5. Texas 6. Georgia 7. Virginia 8. North Carolina 9. Massachusetts 10. Connecticut

Want to learn about fighting speeding tickets? Then visit Steven Swihart’s site for more information on beating traffic tickets in traffic court.

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How To Beat A Speeding Ticket

Wednesday, September 1st, 2010

If you are charged with breaking the law, such as getting a speeding ticket, in the eyes of the law everyone is supposed to be treated equally. Just because someone has been charged doesn’t mean they are guilty, a court must determine this.

By knowing your legal rights, you can have a better chance to beat a speeding ticket. This will require some effort though.

So to beat a speeding ticket, lets start with the scene of the flagging down, you have the right to limit your answers to a polite “no, officer” and “yes officer.” Known as the Miranda Rights, you are free not to admit your guilt or answer questions that can possibly lead to self-incrimination, especially without the presence of a lawyer.

But, you DO want to be cooperative by providing your basic details such as drivers license, proof of auto insurance, and other things such as your name. Your right to be silent does not pertain to these.

In order to beat a speeding ticket, you have to do things in a certain way. Being courteous and respectful to another human being can carry significant weight when an officer is still deciding to ticket you or not. Losing your temper or verbalizing insults toward an officer of the law will absolutely guarantee you will NOT get out of a traffic ticket. And if you push the issue too far it can lead to more charges, especially in court.

You are not actually guilty until a judge finds you so in traffic court. And the burden of proof has to be provided by the law enforcement official who actually wrote the traffic citation. So don’t be afraid to defend yourself in court and try to beat a speeding ticket.

The court gives equal chances to both parties, and the best way to maintain your not guilty plea is to remember the facts on what had transpired. Vague answers will definitely not help you to beat a speeding ticket filed against you.

A lawyer can be summoned, if need be, or you can also represent yourself for minor charges. The court can grant relevant requests for documentations such as the statement of the officer regarding their version of events, and the make and model of your car according to their recollection. If you show that you have more credible answers related to the event, then you have a greater chance to beat a speeding ticket.

You are also granted the right to a speedy trial as traffic courts realize there are time constraints such as personal life and work. If the officer is a no show you can point out the lack of evidence and simply ask to have your speeding ticket thrown out.

Most traffic courts offer alternative to actually paying for a ticket like community service or attending a traffic school class. To beat a speeding ticket means knowing all options available to all people facing charges.

If you can beat a speeding ticket you will benefit greatly because violations are listed in your driving history, which can in turn affect additional charges or increase in your premium rates so you would want to avoid such inconveniences with a clear record.

Abuse and biases are not tolerated by law, so expect it to be an ally in trying to beat a speeding ticket, although it can be punishing once you are not careful enough to avoid violations.

Looking to find the best advice on how to beat a speeding ticket? Then visit www.Paytrafficviolation.com to find the best information on traffic violations and how to defend yourself against them in traffic court.

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How Do You Fight Speeding Tickets?

Wednesday, September 1st, 2010

Nobody likes to get speeding tickets. Hopefully, this article will give readers some insight on how to fight speeding tickets.

Get your evidence together. You first want to get the traffic court to show you any documents relevant to your speeding ticket. These can include calibration records on the speedometer or radar gun used to guage your cars speed. You want to examine any documents for flaws before you go to traffic court so file a discovery request with the court in advance. The downside to filing this type of motion though is that you will remind the officer of the speeding ticket which may remind him to show up for court.

To fight speeding tickets remember that speed detecting devices such as laser detectors and radar can be subject to human error. And in a lot of instances police officers have neglected to provide proof of proper positioning of these instruments and thus cases have been dismissed.

Go for technicalities: In order to fight speeding tickets, keep in mind that if certain elements of a ticket are missing, the case can be thrown out. For instance, if the officer’s name and signature are illegible and if the badge number is illegible as well, then it should be dismissed.

Be Brief: When fighting speeding tickets, keep in mind that judges don’t have a lot of time. Give a brief report. Additionally, use of visual evidence, such as a photo of a road sign obscured by foliage may help your case.

Officers rarely have a good reason for missing traffic court. If you go to court to fight speeding tickets and the officer isn’t there and the court asks for a continuance you should respectfully object. This is an example of winning your case by default and it happens more often than you might think.

Obviously not getting a speeding ticket in the first place is the best way to fight it! Speeding tickets and other traffic violations can increase your car insurance for years to come.

Learn more about how to fight speeding tickets. Stop by Steven Swihart’s site where you can find out all about fighting speeding tickets and other advice on getting prepared for your day in traffic court.

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Protect Yourself From Speed Traps!

Wednesday, August 25th, 2010

Speed traps are places commonly known to people where law enforcement writes more traffic tickets on average than other places. These are something all fifty states have in common.

There are common areas for speed traps. They can be in areas where there are bends in the road, stretches of road where the speed limit changes often, or where it might be difficult to see the posted speed limit.

Small municipalities like to set up speed traps near an interstate or major highway, where they know it is unlikely that a ticketed driver will return to fight it in court. Law enforcement realize that many drivers will use radar detectors in their attempt to evade a speeding ticket. They will render this method useless by setting up a speed trap where they will time you between two preset points with a stopwatch.

What happens in this case is that they will use a mathematical formula to determine your speed by using the time it took you to pass between the preset points. Its pretty simple for them to do this. So if they determine you were speeding, usually another police officer down the road will be alerted to the make and model of your car, what your speed was, and they will pull you over.

The legality of so called speed traps has been hotly debated for years. Politicians and law enforcement officials alike always sing the same song, that its done in the name of saving lives. They take us for fools, because we all know its to increase the revenue. Increasing revenue is always good to a city’s bottom line.

The bottom line is that these deceptive methods of giving out tickets is unethical and illegal. Using speed traps is literally a billion dollar industry in America.

Next time you go on a long trip, do a little research ahead of time to find out where likely speed traps might be along your route. As they say, an ounce of prevention is worth many hundreds of dollars in cure by avoiding speeding tickets.

If your looking to find the best information on speed traps, then visit www.Paytrafficviolation.com to find the best advice on traffic violations of any kind, and what you can do to have them thrown out in traffic court.

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