First let me define my meaning of winning. To me winning is not getting points on your traffic record. In addition it also means a reduced fine amount. The reason I consider this a win is because traffic tickets can increase your automobile insurance way beyond the cost of the ticket or even get you thrown off your current insurance policy and forced to be in the high risk pool which is extremely expensive and provides a lower level of protection as well.
In addition, a large number of points can get your driver's license suspended or even revoked. These days the ability to drive to work, class or even to buy food is a necessity which can have a disastrous consequence if you lose that privilege.
It is important to have a good plea and a reasonable solution if you want to come out on top. If you are caught on radar, laser or by a police car following you and you plead not guilty because the device or police officer has made a mistake, you will always lose. The police officer's word will always be taken over your own word. If you start to question whether the radar device has been properly calibrated you will also lose. This is just a fact that you should know from the beginning. If you have an absolutely clean drivers record be sure you know that the judge will have a six year printout in front of him or her to verify that. Even then, the most you can hope for is a reduced fine and points.
Your strategy should be follows.
Always go to court to fight the ticket. The policeman may not appear and the ticket may be dropped right then and there. You do have the legal right to face your accuser.
On a road with variable speed limits along its length, make sure the speed on that section of the road you were stopped is legal. Many states require a valid engineering survey be done periodically to set the speed limits. On one highway in Hawaii, the speed on H1, their main highway went from 55 MPH down to 25 MPH. There was always a police vehicle under the overpass giving out tickets since virtually everyone was going 55 MPH. There were no schools, no lights, no pedestrian crossing intersections or anything different to warrant the slower speed.
So I called the Hawaii Engineering Department and asked them why the speed limit was so much lower. The answer was that over 7 years prior, some construction was being done there and the speed sign was changed to reflect this. It was never reset and no engineering survey had been done since. This was illegal. I applied for a subpoena for the latest engineering survey. The day after, the traffic court called me and dismissed my case. That small stretch of highway was their cash cow and they did not want me coming to court and eliminating it.
Another good strategy when you are caught legitimately is to go to court with a strong plea and plead guilty with an explanation. The object of this is to get a "probation before judgment" verdict. This will result in no points and a lower fine. In effect if you do not get another citation for a specified period of time your record will be expunged.
I went to fight a ticket for going 78 on a 65 MPH zone. I pleaded guilty with explanation. I said my Grand Mother was partially disabled and had a "help me I've fallen and can't get up" device. My plea was that people get older and sometimes need help quickly. I had received this signal just prior to this ticket (not really but it worked). Every judge has a Mother, Father or Grandparent and most are sympathetic. I got probation before judgment, no points and a very low fine. The judge said I was a great grandson, but should drive slower in the future even in emergency situations.
Think of a situation of extenuating circumstances. Many judges will be reasonable. Not all though and as I said at the beginning I win 80% of my court appearances, not 100%.
Be polite and always ask for probation before judgment if you have a clean record. Many states allow you to expunge you driving record if there are no citations for the past 3 years. This cost about $3 to $5 but is always worth doing.
The best strategy of all is to learn how to control your emotions and your speed. Good luck to you.
Published by Stephen Joltin
I am a problem solver with 18+ years of Higher Education Credentials, last employed as the Information Systems Manager at Montgomery College in Maryland and a member of the Maryland Community College Data Pr... View profile
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3 Comments
Post a CommentWow! I'm amazed that you won that often!
Sophie
Ha those are some good ones!
Ha those are some good ones!