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| CAN YOU FIGURE OUT A WAY OUT OF THIS CONUNDRUM? THERE IS A WAY WITHOUT GETTING A TICKET! It is almost needless to say that if some stupid ass cop were that dumb enough and cruel to give a motorist a ticket for something like this, I don't think there is a judge on the planet that wouldn't have enough common sense to throw it out in a legal minute unless the motorist was being a jerk with the cop. With that said, if a motorist were faced with such a challenging intersection, there is a way to leave this intersection LEGALLY without the risk of getting a ticket. DO you know how? HINT: there is one direction that these signs AREN'T telling you that you can't go, think about it . . . Stay tuned at the end of tomorrow's post to find out how . . . |
Now that we discussed 6 things you should do to avoid getting a traffic ticket, we are now discussing 6 things to do to fight one just in case you do. Last week I told you about Part 1 of fighting a ticket, and that was about making a plan of action right there at the moment you were stopped: know who, what, where, why, and how you were stopped. Today we are going to discuss collecting the evidence you need for your day in court:
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| After the ticket is issued, you might want to go back to the traffic light, and check to see if it was working properly. It wouldn't hurt to pull out your cellphone and capture a video of the light operating in progress so that the judge can see the timing of the sequences. Make sure you time stamp and capture the surroundings so that the judge knows it's your intersection. You might want to check with DOT or even seek help from an organization like the AAA which can help you to find out if it's working properly. |
EVIDENCE COLLECTION: After the traffic stop is
over and you have gotten over the sting of the stop, and gotten over yourself
quite frankly, you have some work to do. This is where you can play CSI or
NCIS, or one of those evidence collection shows to seek truth justice and the
American way with your ticket. Was the ticket prepared correctly, including the
time, location, and vehicle description, including the correct plate number? How
about your name, address, and date of birth? Any wrong information on the ticket and you have what’s called a faulty
accusatory instrument that is dismissible, if the officer doesn’t catch it
before you do. If the violation is for a signal light, you may want to
consider contacting the jurisdiction’s department of traffic or highways to see
when was the last time the signal light was calibrated, and the last time the
light was properly sequenced. Each light color is supposed to be timed under
strict guidelines, and if that traffic light has an improper time for say, a
yellow light, that might be grounds for dismissal. If the violation was for a
traffic control device (a sign, pavement markings, etc.) take out your cell
phone and start snapping away: if there is any graffiti or the device is faded
or obstructed, make sure you take note of what you observed. Time stamping makes your graffiti case even better. |
| Although dirty, this sign is still visible and good for use during the day. But how about at night? Another factor to consider is how fast you were going: this sign might have been harder to read after dusk, but should you still have been able to discern the difference in speeding, say 50 mph as opposed to speeding at 35 mph? Did the limit drop from 35 to 25, and now you were caught speeding? This is how claiming a dirty sign at night can seguay to a not guilty verdict in court. |
Taking a picture is probably the best evidence you can
produce in a traffic court case. Conventional wisdom always dictates that a
picture is worth a thousand words, and if not, perhaps sometimes you need a
thousand words to explain one picture. I remember a motorist once receiving a
parking ticket from a ticket agent for a “phantom” crosswalk parking violation.
When the motorist described how he parked his car relative to the curb, which
had an incline cutout at one of the crosswalks, but no paved markings, so he was cited for parking in a crosswalk. I went to the location with my
camera knowing exactly what he was talking about, and took pictures of the
exact crosswalk for him. It was a three-way intersection, and the motorist did
have a case against receiving the ticket. A short time after I emailed the
photos to him, he emailed a thank you telling me the ticket was dismissed. He would not have been able to prove his case without photographs.
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| I often believe that these devices are the most effective and cheapest way to get people to slow down, especially in school and pedestrian zones. When motorists see these devices regardless of fast they're going the common reaction is to slow down. But you have to be careful that the sign has the correct posted speed since anyone can walk by and change the sign, which is why taking a picture can be helpful. |
Another source that can be useful in your defense is
surprisingly another government agency (other than the police obviously, like a
Department of Traffic or Transportation or NHTSA), or an independent organization like
the AAA, the National Institute for Highway Safety, the National Insurance
Institute, etc, or the manufacturer of the traffic control or photo enforcement
device. A government or independent agency that has no direct vested interest in your ticket can
help with issues, like whether the traffic control or photo enforcement device
used was working properly. For example, signal lights have the tendency to malfunction at certain temperatures. How cold was it outside when you received your ticket? Insurance think-tanks have in interest in reducing
not only the number of injuries and deaths related to traffic safety like the
police do, but even if this means the number of tickets are also reduced
because traffic violations and what causes them also increase insurance costs. So sometimes these organizations can work with or against you. From
my past experiences, I know that usually your local AAA
Auto Club can be useful in helping you find information about traffic lights,
and how they are calibrated or sequenced. Remember that traffic court judges are usually lawyers too,
and as such, lawyers like as much pertinent documentation as can be produced,
as this is evidence that can prove or disprove guilt or innocence. The more
relevant, pointed, concise, neat, visible, compelling, and convincing the
evidence, the better the chances your case goes your way.
So after going back to the scene of the crime, and carefully examining the ticket for defects, go home, go online, go into Microsoft Word, and start researching and writing to get facts and circumstances to pave the way to get you off the hook.
So after going back to the scene of the crime, and carefully examining the ticket for defects, go home, go online, go into Microsoft Word, and start researching and writing to get facts and circumstances to pave the way to get you off the hook.
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| A cop worth his salt would forgo any kind of enforcement in this area to instead put up a speed radar sign as a temporary fix, and file a report for an immediate replacement or cleaning. But just in case the tagging is fresh with a ticket in your hand, make sure you document with a time-stamped picture. |
COMING UP LATER IN THE WEEK:
While you’re collecting your evidence, the court is going to want to hear about
your intentions about pleading not guilty and a court date. We are going to
discuss what your court strategy should be.
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