Friday, June 8, 2012

PART 1: PREPARE A PLAN OF ACTION RIGHT AT THE CAR STOP: HOW TO FIGHT A TRAFFIC TICKET


The Sarge here is holding a handheld radar device called a Kustom HR-12 that most likely emits a police K band radar wave.

Now that we have discussed the six things you should do to avoid getting a traffic ticket, let’s now discuss the six things you should do in case you do get a ticket.


That moment has come, there is no doubt, no question about it, the officer has gone back to his car and is now in the process of writing your ticket while you sit there, your heart in your stomach, your head somewhere rolling around between your feet while you're sitting slumped behind the wheel like a wax figure at Madame Tussaud’s while the whole world rubbernecks you by with stupid smirks and curious inquisition, thanking God that it was you and not them that was stopped.


All is not lost, however, as you still have options, though not as many as before that very moment when the officer placed the ink on the ticket form and started by writing your last name. By the time he returns to the station house at the end of the tour, and the station house administration forwards your ticket to both the DMV and the court of remand, your ticket is still not officially part of your record, and your points and insurance should not yet be effected yet until there’s a conviction, or a submission of a guilty fee and a check to pay the fine. Until either of those moments you still have some options to consider:

Looking at this device cold as this pictures shows, my guess is that this is a police radar device set at an arrest speed of 25 mph, set for enforcement on a roadway with a posted limit of no more than 25 mph (or more likely less at 20, 15, maybe even less), and the officer made an estimate of within +/-3 mph of the locked in speed, and the radar locked in at 43 mph, in violation of the posted speed zone. So this motorist is going to get a ticket for going 43 in no more than (probably less than) a posted 25 zone. If the antenna wasn't moved during or right after the enforcement period, then the officer set his zone of influence (made his observation) with his vehicle looking head-on at the target vehicle. All this information comes from just looking at this picture. AND this stresses the point of getting as much info as you can right at the moment when you are stopped.

START PREPARING A PRE-TRAFFIC COURT PLAN OF ACTION RIGHT WHERE YOU WERE STOPPED.  Record the date, time, and exact location where you were at the moment you were observed, AND (very important) where you were stopped. Take note of landmarks, intersections, and mile markers. Make sure you also record the officer’s observation location; that is also of equal importance. If an instrument was involved in measuring your violation (radar, LIDAR (laser), window tint meter, sound meter, weight scale, light meter, exhaust emission meter, or speedometer calibration, etc., if you can, try to obtain what was the instrument used (make and model), and if electronic, if the instrument registers a receipt in which you can have a copy. Some jurisdictions require this BUT OTHERS MAY NOT. Ask POLITELY to see the instrument yourself. If the instrument is analog like a calibrated speedometer, and/or the violation was an eyeball observation, obviously a receipt isn’t required, but knowing this information may be helpful to your case.

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1 comment:

Sgt. Al here. I welcome your comments, ideas, and suggestions. You have questions about the police, and I'm interested in hearing what you have to say as a citizen. Thanks!

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