Chapter 1
Why It's So Important to Get Out of It:
The Possible Financial Consequences Chapter 2
The Best Way to Beat a Ticket is Not to Get One Chapter 3
If You Get a Ticket Chapter 4
Nothing Has Worked and You're Going to Court Chapter 1
Why It's So Important to Get Out of It:
The Possible Financial Consequences Nobody wants to pay a fine for speeding. Let's face it, there are a lot of things we would rather do with our money. But the fine is just the beginning of your problems. When you consider the long-term consequences of getting a speeding ticket it is much worse than just shelling out a few bills. Although you won't face jail time unless your offense is more serious (like DUI or reckless driving), you can put your license in jeopardy by piling up tickets. Most states will suspend or revoke your license if you are a repeat offender and violations will generally stay on your record for three years. But even an occasional ticket can have an overwhelming financial impact on you.
First, you have the fine. The fine will differ from state to state and can range anywhere from $5 to $1000. Many states also double the fine in school zones and work zones. In California, your fine will double from your first ticket to your second ticket, and you will pay a hefty $250 for any speeding violation after that. But that is just the beginning. It is often the insurance company, not the judge, who will really make you pay. A single speeding ticket can drive up your insurance premium for three to five years. Take this example for instance, in Massachusetts a typical liability insurance policy costs about $1,549 per year. Your first ticket causes you to lose a $123 "good driver discount". A Second ticket will trigger a $370 rate hike. A third will boost your rate $565 over the $1549 base. This means that three speeding tickets in Massachusetts would cost you $565 extra per year, or $2825 over the course of five years. These prices will vary from state to state, but you get the general idea. The bottom line- don't be like 97% of people who simply pay their fine. You may regret it later if you do. Chapter 2
The Best Way to Beat a Ticket
is Not to Get One The moment has come and you are getting pulled over. You see the blue lights flashing and you have no choice but to pull over. You have a very small window of opportunity to avoid getting the ticket, but you need to play your cards exactly right. Don't panic. Keep your cool. Use common sense and you may just get out of it, but if you make a wrong move it may cost you dearly. First of all, don't be an asshole. There is nothing that will get you a ticket faster than acting rude or bossy in front of the officer. Make sure when you pull over you leave plenty of room for the officer to come to your window. If there's not enough room and cars are whizzing by the officer it may make the officer angry and increase your chances of getting fined. Never get out of the car. You want the officer to be relaxed. Getting out of the car will only alarm the officer. Make sure your hands are in clear view. Wait until the officer asks you for your driver's license and registration and then get it. If you go digging through your console or glove box before the officer walks up to your car the officer may get alarmed that you are hiding something or reaching for a weapon. Remember, you want to make everything smooth for the officer at this point. Always be polite and answer his/her questions with "No Sir" or "Yes Ma'am" whichever the case may be.
Put yourself in the officer's shoes. The officer deals with several speeders everyday. Most officers want to be "in the middle", meaning they don't want to be known as the strict cop who writes the most tickets, but they also don't want to be known as the lenient cop who writes the least amount of tickets who looks like they aren't doing a good job. Some officers will never let anyone out of a ticket, but most of them will. Again, put yourself in the officer's shoes. If you were going to let someone go without giving them a ticket, would you let go the really nice man who was polite to you? Or would you let go a smart-aleck who gave you a hard time? The answer is obvious. So always be courteous and you might just get a break.
Remember, you are probably only going to see this officer for a couple of minutes. This is not a time to worry about your ego. So swallow your pride! Pull out all of the stops! Act stupid. Police often have sympathy for someone who they consider "dumb". Act like you are totally unaware that you were doing anything wrong.
If acting "stupid" isn't necessarily for you, try acting scared. Police will often have pity for someone who is afraid. Nobody likes to be afraid and if the officer senses you are scared he may feel sorry for you. Crying will definitely help your cause. If you can really jerk some tears it will help your chances tremendously. If you are a teenager, say something like "My Dad is going to kill me if I get a ticket. He can't afford the insurance as it is." Really act concerned. The officer is a person too, and he/she will understand where you are coming from. If you are a female, it never hurts to flirt a little bit if the officer is a male. I'm not saying to proposition him or anything like that, but sometimes a flip of the hair and a giggle will go a long way. But if you get the smallest notion that he is not going for it, call it off immediately and go back to the crying technique.
If you can name drop, do it. It never hurts to say something like, "How are you doing? Do you know my uncle Steve Henderson? He was a city officer over in Leitchfield..." Don't come right out with it from the start, but try to work it in casually. Police officers have an unspoken fraternity and they often will help each other out. Many times if you can name someone they know they will let you off the hook. Even if they don't know the person you are speaking of, it still may help your chances. And if you don't know anyone, make up a name and throw it out there. It can't hurt.
Now, what NOT to do... Don't be a jackass. Don't smart off. Don't huff and puff and moan and groan. No officer wants to hear all of that. Also, the most important thing- NEVER ADMIT GUILT. If you admit to the officer that you were speeding he/she can use that against you in court. If the officer asks if you know why you were pulled over always say, "Not really" or "I'm not sure". Never, under any circumstances, admit or confess that you were speeding. If the officer tells you that you were speeding act really surprised and amazed. Chapter 3
If You Get a Ticket By this point, either the officer was stern or you blew your window of opportunity. Either way, even though the officer has already written you a speeding ticket, there is still hope. Never argue with the officer or act all crappy when you get handed the ticket. There is NO WAY you will win an argument at this point. If you become a "hot head" you could even get arrested and have your car impounded! You have broken the law and the speeding ticket is a courtesy to you as an alternative to taking you to jail, so don't make things worse on yourself than they already are. Another reason you don't want to make a scene is because you don't want the officer to remember you if you appear in court. Your best bet is to just take the ticket and get it over with as quickly as possible. Say nothing and drive away peacefully. You will live to fight this battle another day.
Remember EVERYTHING about the situation. Once you get where you are going take the time to reflect on what happened. Write down how fast you "thought" you were going. Write down the traffic conditions, weather conditions, which lane you were driving in, and everything else you can remember. Even write down what you were wearing, what song you were listening to on the radio, where you were going, where you were coming from, and what you were doing before you got pulled over. This information will all come in handy if you go to court. It will allow you to seem confident and reliable compared to the officer who will have a hard time remembering everything because he/she will have dealt with so many other speeders by that time.
Always plead "Not Guilty". This may be a pre-trial appearance, or in some states you can send in your ticket with a "Not Guilty" plea. Try to delay a pre-trial appearance as long as you can.
When your court date comes around keep putting it off. Find every excuse in the book to keep pushing it back. The longer you can delay the better. Let's say you can delay for two months, just think how many people the cop will have to deal with in that time. You want the cop to forget as much about you as possible. And by the way, no cop wants to show up for court anyway. If you are the only reason the officer has to go down to the courthouse he/she may tell them to let you off so he/she doesn't have to show up. Remember, the longer you drag it out the better. I heard a story once of a college student in New York City who got his court date delayed for two and a half years. He kept telling them he had to go to Europe for school and he kept making up work and education related excuses. By the time they finally refused to push it back any further he went to court. But guess who wasn't there- the cop. He had been transferred to a different area, so the case was dismissed immediately! The lesson here- DELAY, DELAY, DELAY! You never know what might happen.
When all else fails be a pest! Everyone has a job to do and most people are usually trying to catch up with their work load. Nobody wants extra work thrown in their lap. This is your opportunity to bug the hell out of them. Request as much info as you can. They may or may not oblige your requests depending on your local laws. Either way, they will get tired of having to deal with you. Ask for the makes, models, and serial numbers on all radar and laser guns in use by the police department. Ask for copies of the manufacturers' recommended maintenance for all the radar guns in use and ask for all maintenance records over the past six months. Ask for proof that the radar gun used by the officer who pulled you over was properly maintained and calibrated. Ask for copies of the manufacturers' literature as it relates to the correct use of mounting, aiming, weather, and traffic limitations for all radar guns used by the police department. Ask for a copy of the authorized certification of training issued to the officer who wrote you the ticket. Ask for a copy of the patrol car assignments for the date you received the ticket. These people are busy and they have bigger fish to fry. Hopefully, somewhere down the way they will get tired of all your crap and throw out your ticket! Chapter 4
Nothing Has Worked
and You're Going to Court OK, so you are a very unlucky individual. You've tried everything and nothing has worked so far. You're going to have to go to court. But don't give up yet! Nobody keeps an exact count of how many speeding tickets are issued each year, but one estimate puts the number around 14 million. Most of those people either pay the fine or enroll in some sort of re-education program to lessen or erase the effect of their ticket. Only about 3% of ticketed drivers go to court to challenge a ticket. This fact alone plays to your advantage. If you go through all this trouble and remain adamant that you weren't speeding the judge will take notice of that.
Before your big day practice what you are going to say in court. Carefully plan it out and be prepared. Check the actual wording of the code you violated. If the officer can't prove your guilt in any part of the code then your case will be dismissed. Anticipate what the officer might say and know what you are going to say without hesitation. Dress nicely. Wear a suit if you have one. If you look like a respectable person the judge may show you respect. If you look like a slouch the judge may not take you seriously.
In a nutshell, this is how it will work. You will go and check in with the clerk. Then you'll see if the officer arrives. If he/she doesn't show up, that will usually be the end of it right there and you will be off the hook. If the officer shows up, the judge will call your case. The officer will testify first. You may then question the officer. You may then question any witnesses you may have. Then the officer can make a closing statement. Then you can make a closing statement. Then the judge will decide your fate.
Here are some important things to remember: Be polite to the officer and the judge. Again, acting like a jerk will get you nowhere. Now for the good part; it is the officer's job to prove you are guilty. If he fails to prove your guilt the case will be dismissed. Before an officer can use the radar or laser reading as evidence he/she has to establish that the Jurisdiction Certification is up to date and accurate, the radar or laser was properly calibrated, the tuning forks were calibrated with the radar, and the FCC license, radar or laser unit appears on the FCC license.
If the officer tries to use the radar reading before establishing those things, you should politely interrupt and say "Objection, your Honor, inadmissible evidence." Then explain to the judge why it is inadmissible. If the officer doesn't prove your guilt at the end of his testimony don't question him, instead, simply move to have the case dismissed and explain what he failed to prove.
When your turn comes to question the officer, ask the officer memory questions first. Ask the cop, "Did I have any passengers? What color clothes was I wearing? Was I smoking? See how well versed the officer is. Try to make the officer seem unsure of himself/herself. Then ask the officer if he/she was moving when his/her speedometer last calibrated. Have the records with you to see if the officer contradicts himself/herself.
When you give your closing statement make the judge like you. You need to seem very confident and sincere. Say something like "Your Honor, I've always had a great respect for the law. I did not mean to break the law. I really don't think I was speeding. I'm sure it was just an honest mistake by the officer."
When the judge makes his ruling, hopefully you will leave the courtroom a winner. But if the judge says you have to pay the fine you can always ask him/her if you can go to traffic school or ask for some other form of alternative sentencing.
If the judge makes you pay the fine you can still do a little damage control. This won't work in all states but you can definitely give it a shot. Let's say your fine is $80. Send in a check for $82 or some other small amount too much. The system will then have to send you a check back for the overpaid amount. So eventually you would get a check back for $2 or so. Here's the catch- don't ever cash that check. Just throw it away. Demerit points normally aren't removed from your license until all of the financial transactions are complete. If you don't cash the check the transaction isn't complete. However, the system has gotten its money so it is happy and won't bother you anymore. This trick will also work if you are someone who wants to simply pay your fine instead of going to court.
So there you have it- the good, the bad, and the ugly! Good luck to you, and remember, the simplest way to not have to go through all of this again, is to slow down. Innocent people die everyday because of speeding drivers. The laws are there for a reason, so drive safe! Disclaimer Everything included in this ebook is simply advice and is our opinion. We do not guarantee that any of our methods will work. We are trying to give you ideas and point out certain things that you may not have thought of. We are not responsible and won't be held liable for any actions you may take after reading this ebook. If you choose to try any of the ideas presented to you in this ebook and have negative results we are not liable. As stated in the ebook, the best way to avoid a speeding ticket is to not get one to begin with. If you drive the speed limit you won't get a speeding ticket in the first place. |