How to REALLY get out of a ticket!

RobHook

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Someone posted recently about the old method of avoiding points on your license when you get a ticket by sending in a check for more than the fine amount. From what we saw, it doesn't work in most places. I even tried it myself in Virginia and it doesn't work.

However, I have now gotten out of three tickets in the past couple of years so I thought I'd post the stories in case it can help anyone else. Starting from the most recent:

A cop caught me on radar allegedly doing 49 in a 35 zone. The cop made several mistakes that allowed me to get out of this one: 1. When he gave me the ticket, he had written 49 in a 30 zone instead of 35. I should have kept my mouth shut and just worked with that but I pointed it out to him and he changed the ticket. BUT, he forgot to change my copy. 2. He apparently mis-spelled the name of the street we were on. I wasn't familiar with the area and couldn't find the street later. I printed out copies of Yahoo and Mapquest screens that showed the street couldn't be found. I told the judge that since there was already a question about what the speed limit was, the fact that we couldn't find the raod had made it impossible for me to defend myself. The judge dismissed the case.

In another case, a federal park police officer was sitting at the end of a construction zone with radar. It was a paving job and they were moving up the road throughout the day. The construction crew had put portable signs up stating that the speed limit had changed due to construction but one of them wasn't working and the other one was several miles away. I talked to the prosecutor before the case and told him about this and said that therefore, the signs were vague. I also said my attorney was on the way to the courthouse but was running late (which was true). The prosecutor dismissed the ticket. I think having an attorney in these cases increases the chance that you'll get it dismissed because the court knows you're serious.

In another case, the cop forgot to bring his calibration certificate for the radar gun. The judge offered to re-hear the case in about 30 days so the officer could get his certificate but I said that wouldn't be convenient for me. He then threw out the case.

The point is, every case is different but there are a myriad of ways to get out of each of them. It just takes some gray matter.

--Rob
 

cayenne

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In another case, the cop forgot to bring his calibration certificate for the radar gun. The judge offered to re-hear the case in about 30 days so the officer could get his certificate but I said that wouldn't be convenient for me. He then threw out the case.

I've always heard about this, but, thought it was more an urban legend. So, DO cops have to have their guns regularly certified and adjusted? Do they have to show you the gun with the speed they're writing a ticket to you for?

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RobHook

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Actually, I work for a board of federal judges and several large law firms as a consultant. I work on the computer systems though, not the actual legal work. I am NOT an attorney.

The laws vary from state to state. In Virginia, where I am, the code states that "In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months."

As you can see there are several pitfalls here that the cop can fall into. Also, there is considerable case law in Virginia as it's easy to appeal traffic decisions and the decision of the appelate court then becomes a matter of record. The traffic court doesn't even have an official record. This means you can research the appellate court's outcome for situations using something like Lexis or WestLaw if you know someone who has an account. You could also hire an attorney to research it for you. If there's nothing that distiguishes your case from a similar one with a favorable outcome, you could cite the other one case and, under the principal of stare decisis or precedent, the court is supposed to give you the same outcome.

Anyway, check every aspect of the case and research the law for your state and chances are, you'll find a mistake that could benefit you. Just remember though, judges are people too and very intelligent ones at that. They're there to make a fair decision and not every little mistake means your case should be thrown out. If it affects the ability of the police to prove their case or, in most states, renders you unable to reasonably defend yourself, you can very likely get it dismissed.

--Rob
 
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