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Although the majority of speeding tickets are fair, some are not. The most common reasons that speeding tickets are given in error is that the radar detector is malfunctioning or the police officer is mistaken due to heavy traffic or improper training. If you feel that you have been given a ticket unfairly you do have recourse. Don’t take it out on the police officer that is writing the ticket. Remember anything that you say or do can be used against you if you decide to take the case to trial. Be polite and courteous, but start making mental notes right away regarding the circumstances of your ticket. Was the traffic heavy? Were there similar cars traveling with you? Did he clock your speed or use radar? All of these become important in preparing your defense.
After the police officer gives you the ticket make sure you respond in a timely fashion. Make a photocopy of both sides of your ticket before you return it. Read the instructions on the ticket and be sure you plead not guilty and request a trial. This option is stated differently in different states and provinces so be careful that you are filling the ticket out properly.
Now you must prepare for your day in court. Return to the place where you received the ticket. Take note of all the buildings, trees, road signs etc. If there are any power lines, telephone lines and neon lights, make note of these, too. Take pictures of the area. The pictures may or may not be usable in court, but they can help jog your memory when trying to recount the details. Obtain a map, and indicate the location of important things on the map. In case the trial is scheduled a few months away, it is also a good idea to write down the date, time, location, weather conditions and other details. If you have everything written down, your defense will more powerful than if you just rely on your memory. Also make sure you have requested copies of documents from the police. These will include any notes the officer may have taken, the readout from the radar gun as well as all the logs for that particular unit. This will tell you if the radar gun has had any recent repairs and when it was last calibrated. Also ask for the officers statistics for the last two weeks. You are particularly interested in the number of tickets he has written.
When you get notification of the date of the trial, get it changed. The initial date you received is set around the officer’s schedule so it is highly unlikely that he would not be there, having the date changed to meet your schedule may result in the officer’s being unable to attend. If this happens, the ticket would be automatically dismissed.
Now you should begin your research. Start by looking for any information you can on the make and model of radar gun that was used. Find out what the manufacturer suggests in terms of maintenance, repair and training. Also familiarize yourself with how the equipment is supposed to be used. You may be able to trip up the officer at trial by asking him specific questions he may be unable to answer. This includes, but is not limited to, how close do you need to be to the target, how would you distinguish one car from another on a busy highway, and how much training is required to operate a radar gun proficiently.
The day of your court appearance make sure you arrive promptly and are dressed in an appropriate manner. Once your case is announced, the judge will ask you to state your plea. This will be a resounding “not guilty”. Generally in trials such as these there are only two witnesses, you and the police officer. The police officer will testify first and the prosecutor will allow him to present his side of the events that day. Be sure you pay attention while the officer is testifying because he may say or do something that you will be able to question him about later. After the prosecutor finishes question the officer you will be able to cross-examine him. It is at this point that your research will come into play. Ask him about his training on radar, etc. Once you are finished it will be your turn to present your case.
You will use your notes, photos (if allowed) and any other evidence that you have that the officer made a mistake. The prosecutor will then cross-examine you. Once each side has sufficiently presented their cases the judge will rule. If you are offered a deal before the judge makes his ruling you should consider it especially if it involves keeping the infraction from going on your record. That is your main objective and you have no certainty in how the judge will rule.
Even if you do not win your case you will at least have the satisfaction of knowing that you were heard and chalk it up as a learning experience.
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