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Technicalities

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L

Leviticus

Member
What is the name of your state?What is the name of your state? FL

I think that FastLearner made a pretty good post on this.
Perhaps others who have experience in this matter can share their knowledge
and start a comprehensive list of technicalities to fight speeding tickets.

That is, if everyone here is working together to help each other.

Levit
 


P

Pugilist

Member
A technicality

OK, I'm game.

Technicality to fight a speeding ticket.

Applies to CA, possibly other states. The "speed trap defense." Applies only to radar or laser tickets. Veh. Code 40802 says that there has to be a survey of the street, and that it has to justify the posted speed limit. If the posted speed limit is too low or not justified by the survey, then all the evidence, even testimony by the officer, is poisoned and cannot be used. Case dismissed. For more info on this defense, go to library and ask for books on how to fight your ticket. This is how I have beat all of my radar tickets.

Pug
 
F

FastLearner

Junior Member
Pugilist said:
OK, I'm game.

Technicality to fight a speeding ticket.

Applies to CA, possibly other states. The "speed trap defense." Applies only to radar or laser tickets. Veh. Code 40802 says that there has to be a survey of the street, and that it has to justify the posted speed limit. If the posted speed limit is too low or not justified by the survey, then all the evidence, even testimony by the officer, is poisoned and cannot be used. Case dismissed.
Pug
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I like it! Thanks very much for this one. It goes to the top of the list. :)
 
C

Curt581

Senior Member
How about these:

The officer must have ALL his lights on, including flashing or rotating lights, when parked on the side of the road. If he doesn't, any citation subsequently issued will be dismissed.

A police car being used in radar speed enforcement must be fully visible to oncoming traffic for a minimum distance of one mile. The fact that most roads in the US aren't straight enough to see an object without optical magnification at this distance is irrelevant.

In order for any type of speed enforcement equipment to be used legally, there must be a sign posted warning of radar speed enforcement ahead. Whether or not "radar" is actually used.

The officer is required to show you the speed enforcement equipment upon demand. If you do not ask to see it, the officer must offer to show it to you. He must do so whether he used said equipment to clock you or not. The fact that you may or may not know anything at all about said equipment is irrelevant.

The officer is required to provide you with a printed receipt from the speed enforcement device, despite the fact that NO speed enforcement device currently available "prints" anything.

Any handwriting error on any citation is grounds for automatic dismissal. If an "S" could be mistaken for an "5", or a "B" looks alot like an "8", the ticket will be vacated. Similarly, if the officer writes that your car is purple, but is actually "mauve", this is also grounds for dismissal.

If the officer that issues you a traffic citation is not wearing a hat, the citation will be summarily vacated.

When parking in front of a "No Parking" sign, the regulation doesn't apply if you're just going in for a minute and will be right back.

The police may never ticket you if you've never gotten a ticket before.

Traffic regulations do not apply if you're in a hurry. Any excuse you deem to be an "emergency" will suffice.

___________________________________________________

1*
 
P

Pugilist

Member
For Curt581 -

Today I am giving thanks for your presence here. Posts by you, such as the heavy sarcasm above, or this rant a few days ago,

"I just love busting useless, snooty, hot-house-flower spoiled brat princesses like you..."

make the rest of us look all the more credible and intelligent.

For everyone -

Now, I hope that we can continue to assemble a list of technicalities for beating tickets. Here is my second offering.

2. If you have an automated ticket (speeding or red light) and it contains a Proof of Service by someone in another state who is swearing that he mailed it, and they have signed it under penalty of perjury but without stating that it's under the law of the state where the violation occurred, that might be a ticket that you can demur to, at arraignment. (If you don't know what demurring is, look it up in one of the traffic ticket books I like to recommend, available at the public library.)

More pie, please.

Pug
 
L

Leviticus

Member
Curt581 said:
How about these:

The officer must have ALL his lights on, including flashing or rotating lights, when parked on the side of the road. If he doesn't, any citation subsequently issued will be dismissed.

A police car being used in radar speed enforcement must be fully visible to oncoming traffic for a minimum distance of one mile. The fact that most roads in the US aren't straight enough to see an object without optical magnification at this distance is irrelevant... blah blah blah

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Those were really hilarious Curt.

But seriously, would you be able to take off your police cap, leave
your pride aside, and let others learn from all the experience you've
had in traffic court?

Are you man enough to give out some of those 'secrets'?

Oh and Curt, what I'm asking for is perfectly legal and moral.
We're counting on you. Please don't let us down, especially on
Thanksgiving Day.
 
CdwJava

CdwJava

Senior Member
But, for those of us who don't lose in traffic court, we may not have a lot to add. :cool:

I have lost ONE traffic citation in court ... and that was one of the first moving violations I ever wrote. I wrote the wrong subsection for a subject who ran a red light ... I wrote the subsection concerning running a red turning arrow! While the court agreed that the defendant ran the light, he had to dismiss based upon the improper section.

That was 12 years ago. Since then I'm undefeated. And I really wish more people would take mine to court! I don't get enough overtime! And with Christmas coming ... :D

Sorry. I don't know any tricks to get out of them. But I do know stunts to pull that give the court a good laugh or really piss 'em off. But those weren't the topic here.

- Carl
 
S

sukharev

Member
MA-specific technicality: when speed limit is not appropriately posted (either with speed survey or with special regulation), default speed law 90-17 applies. One of its provisions is certain distance you are supposed to travel at measured speed before it's considered an offense (like 1/8 mile above 30 mph). If distance on the ticket (required for laser/lidar ticket) or stated by officer at trial is less, you are home free.

Have a great holiday, everyone :)
 
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L

Leviticus

Member
sukharev said:
MA-specific technicality: when speed limit is not appropriately posted (either with speed survey or with special regulation), default speed law 90-17 applies. One of its provisions is certain distance you are supposed to travel at measured speed before it's considered an offense (like 1/8 mile above 30 mph). If distance on the ticket (required for laser/lidar ticket) or stated by officer at trial is less, you are home free.

Have a great holiday, everyone :)
Click to expand...
FL.

I like that one!

What would happen if an officer wrote, and testified that the speeding offence took place on street 'x' and then later gave evidence which contradicted this, that it took place on street 'y'? That is, the accused took the stand, introduced new evidence that showed the second part of officer's testimony was contradictary regarding the location.

Grounds for dismissal, YES/NO ?
 
G

gawm

Senior Member
we learned from my post a couple of weeks ago(with the help of Evilwizard & PUG) if you get a citation in the mail that you did not sign for and you live in Arizona, in the garbage it goes :D
 
P

Pugilist

Member
Ah yes, Arizona. Full of speed and red light cameras. Big fines. Might have to sleep in sheriff's tent in middle of summer, wearing pink underwear. Glad I don't have to drive there.

I agree that you can toss those AZ tickets - except that then they might try to actually serve it on you, and make you pay the cost of the service.

If you live in Arizona, I encourage you to support a new bill by Senator Martin. SB 1001 will be introduced in January and will provide minimum lengths on yellow lights.

There is also a book available about fighting photo radar tickets. It was written by an AZ attorney, but it applies, to some extent, to photo radar everywhere. The author (not me) has a website, so a google should bring it up.

Pug
 
S

sukharev

Member
Leviticus said:
What would happen if an officer wrote, and testified that the speeding offence took place on street 'x' and then later gave evidence which contradicted this, that it took place on street 'y'? That is, the accused took the stand, introduced new evidence that showed the second part of officer's testimony was contradictary regarding the location.

Grounds for dismissal, YES/NO ?
Click to expand...
Likely, no, but possible. This may help as another inconsistency in officer's testimony, but by itself... I can't find it now, but a while ago I came across an appeal which was partially decided based on incorrect address.
 
C

Curt581

Senior Member
Leviticus said:
Are you man enough to give out some of those 'secrets'?

Oh and Curt, what I'm asking for is perfectly legal and moral.
We're counting on you. Please don't let us down, especially on Thanksgiving Day.
Click to expand...
Oh, alright...

Here's the secret:

Don't speed.


(I know... it sounds crazy, but it works)
;)
 
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S

sukharev

Member
Curt581 said:
Oh, alright...

Here's the secret:

Don't speed.
Click to expand...

Curt, I'd like to share a secret too: a lot of us don't speed. I am sure you know that traffic tickets have become a shameless revenue stream for local authorities and insurance companies, and you are supporting this scam. Hope one day you would instead be in position to prevent REAL crime and catch real offenders. :rolleyes:
 
CdwJava

CdwJava

Senior Member
sukharev said:
Curt, I'd like to share a secret too: a lot of us don't speed. I am sure you know that traffic tickets have become a shameless revenue stream for local authorities and insurance companies, and you are supporting this scam. Hope one day you would instead be in position to prevent REAL crime and catch real offenders. :rolleyes:
Click to expand...
While I cannot speak for all states and jurisdictions I can tell you with certainty that this is NOT the case in CA. We get very little of our overall funding from citation money and traffic enforcement is not cost effective for us. Even if we issued more citations, we usually hit the cap of our statutory maximum 4 months in to the fiscal year so everything after that is a COMPLETE waste of money. For us, if it were about money, we'd be hiring meter maids and parking enforcement officers ... now THAT is a money maker!

And, just WHERE do you think we catch the "real" criminals? On a wanted persons warrant sweep? Nope. The overwhelming majority of wanted criminals are caught in traffic enforcement stops and similar contacts. This is where we DO catch criminals. if a crook wants to stay anonymous, he is better off never getting in a motor vehicle.

Traffic enforcement can also be the single most dangerous activity a law enforcement officer can be involved in. We just buried a local CHP officer who was murdered by the occupant of a car he stopped; and similar stories fill our state's memorial wall every year. I have buried co-workers murdered as a result of traffic enforcement stops ... yet, still we enforce traffic laws. Why? Because that is what we are hired to do. It is NOT about the money ... at least not out here.

If you do not want traffic enforcement in your neck of the woods, pressure your city council and they will tell the Chief to back off. However, the vast majority of the public WANT traffic enforcement; they WANT safer roadways with slower, safer drivers ... and they DEMAND that we do something about it. Citizens in my city have petitioned the Council for greater speed enforcement - not less. We respond to the needs and desires of the local community. And people whipping along 25 MPH residental streets at 40+ are not safe ... we WILL stop them, and we WILL cite them.

If you do not like traffic laws, Mexico might be a nice place to live.

- Carl
 
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