HOW TO BEAT A SPEEDING TICKET

TABLE OF CONTENTS

INTRODUCTION

CHAPTER ONE
AVOIDING THE TICKET
Vehicles
Loud/Exotic Equipment
Conditions
Your Driving Ability At The Time

CHAPTER TWO
"I'VE BEEN STOPPED - WHAT DO I DO NOW?"

CHAPTER THREE
WHAT FORM OF DEFENSE DO I TAKE?
How Do I Start To Fight This Ticket?
Preparing Your Defense: Gathering Your Data
Sample Questions and Motions and Objections
Motions To Research
Objections To Research
Other Forms Of Evidence
Preparing Your Defense

CHAPTER FOUR
THE COURT DATE
Who's Who In The Court Room

CHAPTER FIVE
Camera photo issued tickets.

INTRODUCTION

So you got a traffic ticket! Well, you can join the elite group of more
than 34 million people who receive a ticket each year from a police officer.

With the vast variety of law enforcement officials who can give out
these papers of doom, it is understandable that you to could get caught up in
a simple oversight or mistake. But the question you probably want to ask
now is what could you have done to prevent this from happening in the first
place and what can you do now to get out of this mess!

Understand that this book is intended to help you to avoid a ticket to
begin with and assist you in “beating the rap” as they say. Studies have
shown that most traffic infractions are successfully prosecuted but what
they don’t tell you is that as many as 95% of all citations are not even
contested in court and that when they are contested by people just like you
and me, most are dismissed. In those cases that are not dismissed,
the court often takes consideration of your driving record, i.e. this being
your first ticket or the offense being trivial in nature to begin with. In some
cases the court plea bargains to reduce the fine or make you pay a fine but
not make the ticket part of your permanent record. This keeps your
insurance company from finding out about the ticket and raising
your rates. Some states may have different terminology or the procedures
may vary slightly but most states have now reduced the majority of moving
violations to civil infractions carrying fines starting from $50.00 and some
states still consider some violations as criminal and the fines may vary from
state to state.

The fine itself may seem small compared to the overwhelming
perception of the burden of going to court and facing the officer, the
prosecutor and the judge, but the original fine is not the only money that
will come out of your pocket. The time and effort you spend to defend this
ticket may save you higher insurance premiums down the road. Many states
already have programs built in just for this, where as you can attend a
drivers improvement school to prevent the ticket or points from showing up
on your record. The fines paid to the states, counties, or municipalities are
for the violation itself should you pay them or be found guilty in court. The
increase in your insurance premiums is only a response by private industry
and not part of any fine by the government. This may not make you feel
any better, but should give you more of a reason to pursue the issue through
the courts. Many people are mistaken that if they go to court and are not
successful, that they will be fined some exorbitant amount of money for the
attempt. This is not true and most states have no court costs above the
original traffic ticket itself. We also need to remember that just by
contesting a citation, it does not assure you of winning your case. You need
to be prepared for court. We will cover that matter later in Chapter 4.

The main thing to remember is that the moment you choose to fight
or contest this ticket the successful outcome is greatly increased by your
being prepared and following a few simple rules.

Many ideas in this book are past proven methods to prevent a ticket
from happening, but as we all know technology has jumped light years
ahead in the area of speed detection and you need to stay paced with the
latest equipment to assist you from getting a ticket. In the chapters to
follow we will take you from prevention to prosecution and include the
latest technology available on both sides of the issue for you and the
officer. This book will assist you in how to prepare for court should
prevention not be successful, what to say, what not to say and how not to
become someone who has contributed to the millions of dollars paid to each
state in traffic fines. This book is not legal advice but simply tactics and
information to help prevent you from being stopped and issued a ticket, and
court strategies should you receive a ticket. A police officer frequently
states just doing my job. Now lets do ours.

Chapter 1

Avoiding The Ticket

Everyone would like to know just how to prevent from being stopped
in the first place and you can do certain things to make yourself less of a
target. There are many different areas where you can lessen your chances of
getting the officers attention, and lets face it, you do not want the attention
of a person who has the potential of writing you a ticket that could cost you
as much as two tickets to a Broadway play or more. So what can you do?
The obvious is to slow down! However, there are other contributing factors
that may cause you a traffic ticket.

Lets break it down into several categories: Vehicles, Loud
Equipment, Conditions and Your Driving Ability at the Time of the Ticket.

Vehicles:

Its a known fact that bright colors draw the attention of most people and
lighter colors tend to blend in with the surroundings. If you should be one
who likes a flashy color, you have to understand that if you are driving
down the road alongside a lighter colored car speeding side by side he just
may choose to stop you rather than the other car.

To get the officers attention only for a moment is all that is needed if
you are doing something just a little above the law at the time.

Loud/Exotic Equipment:

If you like to have a car that sounds really cool, (which is often loud and in
violation of most exhaust statutes) you may have to pay the price when you
push those RPM's just a little too far. Glass packs, (straight exhaust pipes)
are going to be heard from great distances and you will stick out more so
that a person with stock equipment. This goes for cars, trucks and
motorcycles. If you are one who likes fancy lights on and under your
vehicle you don’t need to be driving outside the law because someone with
his own set of blue lights will see you and turn his on right behind you.
Offensive writings and bumper stickers on your vehicle will get attention
you would rather not have; lets not give him a reason to stop you before
you do something wrong.

The officer can find a justifiable reason to stop you if he really tries.
You need to make sure that any equipment you place on your vehicle is
permitted by your state Department of Motor Vehicles. Those states which
still have vehicle inspections can answer questions pertaining to equipment.

Conditions:

You need to keep in mind that most states require you to reduce your speed
when driving in poor environmental and hazardous conditions, and you
need to stay alert to this. Speed zones are set up for normal driving
conditions. Many states have a statute covering Driving in Hazardous
Conditions which include weather, special road hazards and any event in
which people are congregated in an area along a roadway. An officer can
pull you over for doing the posted speed during these conditions and issue
you a citation. The burden would be on the officer in court to prove that
these conditions necessitated your slowing down. Sun glare is often used as
an excuse for not seeing a road sign or another vehicle but most courts
advise it is the drivers obligations to pull off the road if they can not see
properly. Unfortunately this condition comes upon us suddenly and does
not give us this opportunity to calmly pull off the road.

Your Driving Ability At The Time:

At the time of the alleged offense were there any physical or mental
diversions at the time preventing you from driving within the law? Fatigue
is a common example and unfortunately carries little sympathy with the
courts or any officer who stops you. You can explain to an officer who
stops you for a violation that you are just a little tired and he may or may
not give this some consideration but I would not count on it.

Taking medication is another form of physical condition but I would
hesitate to tell this to an officer unless I had that medication with me show
him it was not a narcotic or one which could be having adverse affects on
my driving. If you have nothing to show him, you may find your self out on
the side of the road doing a field sobriety test.

Chapter 2

I've Been Stopped - What Do I Do Now?

Hard as you may try, sometimes you just cannot avoid those flashing
blue lights. The only thing you can do now is to remain calm, observant
and respectful to the officer walking up to your car. This is when you first
begin to prepare your defense.

First and above all, pull your car over safely in an area that is not
blocking traffic. Don't worry, the officer will stay behind you! If pulling
off on to the shoulder of the road, make sure the officer can safely get out of
his car behind you.

Do absolutely nothing to bring additional attention to yourself.
The next time you see this officer will be in a court of law, and you want
him/her to have a hard time recalling you.

After you have stopped your car, turn off the engine and roll down
the drivers window. You should remain in your seat belt, and place your
hands on the steering wheel where the officer can see them. If you were not
wearing your seat belt, don't bother trying to put it on now. Remember,
he/she does not know you and must take caution when approaching your
vehicle. If it is between dusk and dawn, turn on your dome light so he/she
can quickly observe you and others in your car.

Even though you may be quite anxious at this time, try to remain as
calm as possible. Take a deep breath. Keep your temper in check.

When the officer approaches your door, be respectful and ask the
officer what you have been stopped for. At this time, he should tell you
exactly; if you were speeding, running a red light, improper lane change,
etc. If he stopped you for speeding, he most likely will ask you if you knew
how fast you were going when he turned on his blue lights. Your choices
here might be to tell him, "No officer, I don't recall", or "I thought it was
the speed limit", or "The speed limit, I'm sure. I checked my speedometer
right about the time you stopped me. You don't want to say something
faster than he clocked you for. You might as well write your own ticket!
Remember, you have the right to remain silent, but he most likely won't tell
you that. Don't offer more than you need to.

When he asks you for your license, insurance and car registration, tell
him where they are located before you reach for them. Should you have a
permit to carry a concealed weapon, let him know and tell him where it is.
Should it be in the glove box with the registration, don't open it until you
have explained the situation to the officer. Then proceed with his full
attention. Close the glove box back so your weapon is not easily accessible.
You may have to show your permit to ease his mind. Do not hesitate to do
so.

Sometimes an officer may request that you allow to have your vehicle
searched. Does he have a legitimate excuse? Probably not. You however,
have the right to ask him why he would want to search your vehicle.
Should you consent to a vehicle search without a search warrant, even
though you have nothing to hide? ABSOLUTELY NOT.
If the officer suspects alcohol or drugs, he can search your car without your
consent. He can also inspect your car for obvious violations. Should you
disagree with him, you will have to take it up in court.

Once the officer has told you why you were stopped, you should
observe his demeanor and actions to see where this is leading. If he seems a
little bothered by the stop, he probably feels he doesn't have sufficient
evidence to back up the stop. He may only issue a warning. If he has a
superior attitude, he most likely will issue a ticket. If he has already started
writing the citation, don't bother defending yourself at this time. It's too
late. You will get your day in court. If anyone is in the car with you, make
sure they remain completely quite.

While he is busy preparing your ticket, you should be busy preparing
your trial. Make note on the following if possible. Mental notes will work
until you can get to pen and paper should you find yourself without any:

Weather conditions. Note temperature, if raining, windy,
cloudy or sunny.

Note what you are wearing. Sounds silly, but you may want to
ask him in court what color shirt you were wearing.

Write down details about the officer's car. The unit number,
make, color etc. Was it unmarked?

Note the location that he first started following you or turned
on his blue lights and compare to where you actually stopped.

Note who was with you in the car at the time of the stop. Don't
allow them to speak during the time the officer is speaking with
you. They should speak only when asked to do so by you or
the officer.

What is the traffic flow like at the time of the stop? Was traffic
heavy during this time? Was their another car next to your car
going the same speed?

Are there any notable characteristics/details about your car? If
so, write down and detail (dents, paint jobs, writing, etc.). You
may want to question the officer later regarding these details.

Write down everything possible that you and the officer say.
Did he tell you how he determined your speed? Was another
officer involved? If so, what is his/her name?

Did he use a radar gun? Where was he at when he targeted
you? In his car, standing outside, or driving close by?

Once the officer has completed the ticket, he should ask you to look it
over for errors and then sign it. He should make you aware that by signing
it, you are not accepting fault, but are merely acknowledging receipt of the
ticket. You have the right to request that your court appearance be moved
to your county seat, if possible. If he is unable or unwilling to do so, ask
him to please note it on the ticket before signing. If he refuses to note it on
the ticket, don't make a scene. Sign the ticket and add this to your notes.

Once you have signed the ticket, you may request to see the read out
on the radar unit he has used. In some circumstances, you may be able to
do so, safety providing. Don't ask specific questions regarding the
technical side of a radar gun. Make only mental notes of what you saw.
Don't do anything to bring attention to yourself.

Once the officer has issued the ticket, he may remain in his vehicle
for several minutes completing his report. You can do the same, but if you
decide to pull away before him, be sure to do so in a safe manner.

Chapter 3

What Form of Defense Do I Take?

Now you must decide how you want to fight this citation. You have
several options available to you. You can always choose to pay the ticket
and be done with it. Or you can decide to win this fight!

Some things to keep in mind when making this decision are:

Was I doing excessive speed?

Can I afford to have the points added to my record?

Do I want the ticket on my records?

Am I willing to pay the extra insurance premiums because of
this ticket?

Can I afford the fine?

If you answer no to any of the questions, then you should consider
fighting this ticket! If you truly feel you deserved the ticket, then you must
deal with the consequences of such. You may even want to consider going
to driving school and paying the fine in trade for a clear conscious.

How Do I Start To Fight This Ticket?

The first thing you will want to do is to plead Not Guilty. This does
not mean exactly what it sounds like. All it means is that you are now
making the state prove beyond a reasonable doubt that you are guilty.

You may not need the use of a Lawyer unless there are other
circumstances surrounding the citation. Were you accused of drinking?
Was anything illegal found in your car? If not, you probably can win this
on your own and save attorney fees. After all, you have all the information
from the ticket, and the memory of that awful experience as your defense!

The first item on the agenda is to make sure your driving record is in
impeccable order. If you have a parking ticket, take care of it. Make sure
your tag and registration is up to date. If you have any previous tickets, get
a printout of your points and what they were for. Review the ticket for
accuracy. Was the correct statute used? If not, you may have grounds for
"motion to dismiss".

The second item will be to arrange for a court date. To do this you
must enter your plea of Not Guilty to the court. You can do this in person
to the Clerk of the Court, the Judge himself or mail a copy of the citation
with a formal request for a trial date. Contact your local authorities to see
what is the best method for you. You may be requested to actually pay the
fine at this time. If you lose the trial, you will have already paid the fine
and are done with it. You cannot be charged additional fees because you
challenged the ticket. Should you not be able to attend the trial for any
reason, you do not want to be charged with a Failure to Appear for wasting
the courts time.

Your trial will be within the next 45 days if you request a Speedy
Trial. You don't have to have a Speedy Trial if feel it would be at a busy
time for you and would make getting off work difficult, leaving early from a
vacation or anything that could keep you from making your court date.
Also, the longer you wait, the less the officer will remember about you and
the ticket. However, some people just want to get this over with before they
lose their desire to fight. Weigh all the factors before making a decision.

Should you elect to have a Speedy Trial and the courts respond that
the officer will be off work that day, or possibly on vacation and would like
to reschedule, you should say no and refuse to waive your rights to a
Speedy Trial. If they proceed to reschedule, then you may now have
grounds for a mistrial.

Do your homework. Go to your local library or law library (most
court houses have one and are open to the public) and research your state
statutes regarding speeding tickets and your rights to a Speedy Trial. Your
time is as important as an officers days off or vacation time. If the judge
finds that the prosecutor had reasonable cause to continue your case, then
go with it. Do not do anything to make the judge angry. You can always
appeal if you lose, and it will almost always be overturned.

Preparing Your Defense:
Gathering Your Data

You have the right to subpoena documents used in issuing this
citation or witnesses that will be beneficial to you. (Do not subpoena the
officer or any officer who assisted in the ticket.) You can do this through a
Public Records Request Form. See your Clerk of the Court for details.

When requesting a subpoena for documents, make sure that you
include records involving the radar gun (if one was used). Ask for all logs
referring to calibrations, FCC License use (who at that department was
trained and certified to use it), any repairs, problems or specifications
pertaining to that radar gun, including the tuning fork.

Ask for records concerning the officer issuing the ticket. Request
information regarding his formal training and certification in using the radar
gun, how many tickets were issued that day and for the previous 20 work
days, specifics on the patrol car or motorcycle that he used to make this
traffic stop. This is very important if he did not use a radar gun, but clocked
your speed on his speedometer. The prosecution can request that your
request be denied with "motion to protect" which could keep you from
accessing these documents. Should this happen, you need to document it
carefully and when your court dates comes up, ask for a "motion to
dismiss". If this does not work, ask the judge why you are being denied
pertinent information to help substantiate your case. He may decide to
grant your request at this time and you can file for a "motion for
continuance" so you can now prepare your case.

Once you have all the documents in hand, you will need to review
every piece of evidence available. Did the radar gun's records show
excessive repairs? If so, it could have problems of accuracy. If no records
are found, it could show that the unit was under duress and in need of
maintenance. The manufacturers manuals will detail how often routine
maintenance is needed.

Radar calibration is used to check the unit for accuracy. It must be
logged in and recorded each time it is checked and should also be certified
each time. Some experts will say that to be completely accurate, a radar
gun must be calibrated immediately before and immediately after a ticket is
written with a tuning fork. Has this been done? Has the department met all
the specifications of the FCC License that allows them to use the radar gun?

On the issue of the officer's records, you will want to look for
excessive tickets issued, a certain area used, was the same gun used several
times that day before you got your ticket? If so, you could prove that the
gun was under duress from excessive use. Was the other tickets that day
issued for approximately the same speed? Maybe the unit was
malfunctioning. How many hours did the officer train before being allowed
to use the radar gun? There are standards set by the National Highway
Transportation Safety Administration. You should check with your local
area to see if training requirements meet these standards. The standard is
24 hours of classroom instruction with an additional 16 hours of field
training through a qualified supervisor.

Should your stop have resulted from a patrol car speedometer or the
officers estimated guess system, you will need to have records detailing the
maintenance on the patrol car. If using the guessing system, most officers
are trained to judge an oncoming vehicle within 3 miles per hour of their
speed. Others may use their speedometer to pace the car going the same
direction. If so, records are very important to describe the stress on the
vehicle and the officer.

Now that you have gathered this information, you will need to create
a list of questions for the officer to be answered in court. Start with the
most important. Some sample questions are listed in the next few pages.

Sample Questions and
Motions and Objections

The questions listed below are only some samples of area's you may
want to elaborate on. You should research your local state Statutes for state
specific laws. The motions and objections listed below can and should be
researched through your local library, law library or the Internet and should
be written with your pertinent information with regard to state law.
Remember to not venture too far off the subject at hand - your ticket - and
to conduct yourself in a professional manner.

These questions would be directed to the officer issuing the ticket:

How long have you been a police officer?

Have you had recent, extensive training in estimating a vehicles speed, or the use
of radar detection?

Are you certified as a radar detection officer?

Have you ever had problems using a radar gun?

What about this gun in particular?

Are you aware of the maintenance records and calibration logs pertaining to this
radar gun?

Has this unit, or any radar unit available through your department ever had
problems with accuracy?

To properly use radar gun, how close do you need to be to get an accurate
reading?

Do you know the range that is best suited for this type of radar gun?

Is there anything that can encumber the radar beam? Would you give some
examples?

If two cars are both traveling side by side in the same direction, at close speeds,
how can your radar gun distinguish which car is traveling faster?

Are you trained in visual speed detection?

Do you routinely use your patrol car speedometer to measure a motorists speed?

When you observed my vehicle, was there any other cars on the road? In what
direction were they going?

Can you recall the position you were in when you first saw my vehicle? Were
you standing still? Driving in your car? Sitting in a still car?

Was my car moving in the same direction as your car or going in the opposite
direction.

Did you notice my vehicle before you used the radar gun on me?

Approximately how long did you have my vehicle under observation?

What brought my vehicle to your attention?

You may want to bring in some questions regarding more personal information at
this time. Do not start with trivial questions first. Get the important information
out up front and try not to waste the courts time.

Motions to Research:
(You will need to check your local state statutes for specifics as they can vary
from state to state. There may be many more motions that will benefit your case.)

Motion to a Speedy Trial
Motion to Dismiss due to:
The denial to a Speedy Trial
Lack of evidence
Denied access to necessary evidence
Missing officer
Inadequate procedures

Objections to Research:
(You will need to check your local state statutes for specifics as they can vary
from state to state. There may be many more objections that will work for you.)

Irrelevant Hearsay
Immaterial Conclusion
Foundation
Speculation
Other Forms Of Evidence

It's always a good idea to return to the scene of the citation. Look for
details you might have forgotten to mention in your immediate notes.
Check to see how well speed limit signs are marked and how far apart they
are. If possible, draw a diagram of the area, including all traffic lights,
signs, road markings, buildings, everything possible. Don't leave out trees
in the median or on the sidewalks, benches, even bus stops. If signs are
blocked from a drivers path, take pictures detailing this. Make them and
your diagram large enough that the judge can easily see your point. If they
will not help your case, don't use them. You don't want to help the
prosecutor win the case against you.

Preparing Your Defense

You are now at the point of preparing your defense. Was the ticket
issued under the correct state statute? If not, ask for a "motion to dismiss".
It may not work, but will make the officer look like he does not know his
statutes very well. Was the radar gun or car calibrated as specified in the
manuals?

Be prepared to use any and all of this information in court. Be
thorough and precise in your documentation. Make a list of the most
important information for quick reference. You don't want to be nervous in
court and forget something important.

If you have time, visit the courtroom you are assigned to and observe
the judge and his characteristics. Get a feel for how he handles similar
situations, make note of something that agitates him, and prepare your case
and questions so as not to upset the judge. Familiarize yourself with the
surroundings so you will feel comfortable. If you feel you cannot
communicate well with this judge, see how difficult it would be to be
reassigned to a different judge.

Chapter 4

The Court Date

When your time finally comes, you will feel completely prepared to
fight this battle against professionals. Don't let the courtroom overwhelm
and intimidate you.

You are ready for battle! While the prosecutor may be more familiar
with these situations, you have the benefit of actually being present at the
stop and memory recall.

Use it to your advantage.

Make sure that you are dressed to make a good impression. This
means tasteful clothing; nothing flashy or inappropriate. The first
impression you make will be before you ever get to say anything.

Who's Who In The Court Room

Understand who everyone is, and what term may be used to refer to
them. You will be known as the Defendant. The Prosecutor will be the
lawyer defending the state and the officer. The Police Officer is of course
the one who issued the ticket. The Bailiff is a uniformed officer of the court
who will call each case and keep order. The Clerk of the Court is the
judge's assistant. Any others will be the Witnesses for either the defense
(your witnesses) or the prosecution (additional police officers who were
present if necessary).

There may be several to many trials going on that day, and you will
have to wait your turn. It could take all day! Be patient. Get there early
and let them know when you arrive, that you would like to be placed as
early as possible on the docket for your scheduled time.

Once it is your case's turn, you will be sworn in by the Clerk of the
Court to tell the truth. The prosecution will be allowed to go first to present
their case. (Remember to always refer to the judge as Your Honor. He/she
is not someone you want to start off on the wrong foot with by making a
simple mistake in showing respect). Should the officer not appear in court
at this time, the judge can give reasonable time for him to appear or throw
the case out. The prosecution will be allowed to give their opening
statement first to present their case. Then you may proceed to give your
opening statement. Take notes of what they plan to prove and how, and
compare it to your notes. You may have to do some rearranging at this
time.

Next, you will be allowed to make your opening statement and state
how you plan to defend yourself. Give only the basics, and keep it simple
and short. You may elect not to give an opening statement. You might
choose this option if you don't want to give the prosecutor any idea what
your defense is going to be, so he can dispute it before you have a chance to
defend yourself.

Once opening statements are completed, the prosecution will call
his/her first witness, the officer issuing the citation. He will ask him for
details of the event. Remember, the burden is on the prosecutor to prove
you are guilty. If the officer must read from his notes, you should object
and request that the officer testify from 'independent recall'. You can also
ask to see what the officer is reading from even if it is only the citation
itself. If the officer cannot testify without the use of notes, then he should
be considered incompetent to testify. If the judge allows him to use the
citation or notes to continue, make sure he refers only to the specifics on the
notes. Any abbreviations should be abbreviated in court. He must read it
exactly as written.

If you feel a question is completely irrelevant to the ticket, you may
object and you certainly should if the situation warrants so. But beware, if
you object too many times without due cause, the judge will just become
annoyed with you.

Now you will have a chance to cross examine the witness. This is
where your list of questions will be utilized. Ask each one precisely and
with surety. Example: "Officer Smith, on the day this ticket was issued, do
you recall what the traffic pattern was ten minutes before and after this
stop?". Go through each of your questions and ask the officer to be very
specific with his answer. Chances are, he will not remember very much
about minor details concerning this stop when he has stopped many others
since then. Your job is to make him lose creditability with the court. Make
him appear to not remember very much about this entire situation.

When you are through cross examining him, the prosecutor will have
a chance to once again question him. He may then request any physical
evidence they have, such as a diagram, photos, the citation itself or a police
report if one was written. During this time, the officer may give a narrative,
or brief statement in his own words of what happened and why he issued the
ticket. The prosecution will most likely rest his case at this point, unless
other witnesses are necessary. If so, the same procedure will follow.

Once the prosecution has rested his case, you can make a Motion to
Dismiss by Defense if you feel you have sufficient evidence to do so.
Otherwise, you will now present your side.

You will be offered the same respect and courtesies the prosecution,
and may now state your side of the story if you so chose. You do not have
to testify. If you do, the prosecution will have the opportunity to object to
your testimony just as you had when the officer was testifying. The
prosecution will now have the chance to question you directly concerning
the citation. Otherwise, you now present your evidence (diagrams, photos,
reports etc.) which will now be recorded as Exhibits (A, B, C, etc.). You
should give detailed statements concerning why you feel these are pertinent
to your case. You may want to rest your case now with a closing argument
reiterating your innocence.

Note, the prosecution can once again call for witnesses to clarify any
statements.

Once both parties have rested their case, it is now in the hands of the
judge. The judge may take a few minutes to review his notes or may
respond immediately.

You are looking for a verdict of Not Guilty. If this is the case,
congratulations. Drive carefully and celebrate your win!
If however, the verdict is Guilty, then know you have done your very
best to defend yourself. Should you decide to appeal this to a higher court,
you will need to hire a lawyer and be prepared to pay a fee regardless of the
outcome. This could be a very expensive endeavor and you should think
very seriously about whether or not to appeal.

Finally, take a good look at your driving habits. Do you tend to be a
little heavy footed? Are you always in a hurry? If so, consider slowing
down. It not only will save you the time and aggravation of defending
another speeding ticket, it just may save someones life.

Capter Five
Camera issued tickets (red light and speeding)

You can fight photo issued tickets.
They will claim that since you are the registered owner, you are responsible.
How can that be true. They seem to believe that you must have been driving.
It won't cost anything more to contest the ticket and require them prove it.

Follow the instuuctions on the ticket and plead not guilty.
Do this before the deadline stated on the ticket.
Keep in mind the court won't add any extra charges for this.
Just don't fail to appear if it does go to court.
As stated eairlier, you may be required to pay the fine and
have it held by the court until judgement is final.

Here's a sample letter that resulted in a dismissal:

"To Whom it May Concern,

I received a letter claiming I committed a violation of a speeding law in the District of Columbia
on 04/21/2012. As per the instructions, I am writing to plead ‘not guilty’ to this charge.
Although this option is said to result in this matter going to court; it is my suggestion that the
charges simply be dropped. This suggestion comes out of respect for tax payers, and my request
that their hard earned money not be wasted in such proceedings. As there is no evidence of my
involvement with this alleged ‘crime’, as well as the fact that I am not granted my 6th amendment
right to face my ‘accuser’ (a camera); I see no way the government could prove my guilt beyond
a reasonable doubt. I also find no legal requirement for me to implicate someone else in this process,
as it is the government’s responsibility to prove a person’s guilt. It is also my 5th amendment right
to remain silent on the matter.

If it is the government’s decision to move forward in this matter, I would request copies of any
evidence the prosecution may have of my involvement in the “offense”; as well as, all maintenance
records for the camera(s) involved.

Sincerely,"

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