Wednesday, September 9, 2009
Tips To Beat The Speed Camera...
Some ordered a customized license plate of zeroes, O’s and D’s that blend together in such a way that it makes it confusing for a photo-enforcement citation reviewer to confirm the license plate.
Potholes and cracks in pavement can also invalidate readings. So if a car is moving up-and-down as it speeds through an intersection, a speed camera can't issue it a ticket.
Potholes and cracks in pavement can also invalidate readings. So if a car is moving up-and-down as it speeds through an intersection, a speed camera can't issue it a ticket.
Camera Traffic Tickets...
Ever see one of those red lights with the flash going off? Worse yet, ever get a picture of your car with a fine in the mail? Red light cameras are popping up everywhere in the world. The various local governments claim these cameras are in place for safety purpose when in truth, they are purely for profit. Numerous studies actually show accidents rise in areas where these cameras are placed.
Traffic Camera Ticket Defects
Here are a few Defects that can help you beat a traffic camera ticket. These may not apply to all states so check your local laws or consult a legal professional before using these as a defense.
Some states require a clear photo of your face.
If the face is blurry this is an easy dismissal. The face photo is usually only required if points can be added to your license.
There are actually fake tickets sent by the police.
If there is no court address or it states not to contact the court it is a fake ticket.
The photo is not of you.
You DO NOT have to tell them who is in the photo.
Did someone else turn you in after receiving the original ticket.
Basically this means someone got the ticket, said it wasn't them but, gave your name. This can not be held against you in a court of law without them actually subpeoning the person who turned you in.This is time and money they will not spend on a traffic ticket.
Yellow light is to short.
If the yellow light too short then the ticket is no good. Check local traffic laws.
NO Photo Enforcement Warning Signs.
Some states require signs stating that a specific intersection is enforced by cameras. Signs must be visible from all directions of the intersection.
30 Days of Warning tickets on new camera installations.
Some states require a 30 day period after a new camera installation of warning tickets. This also may include cameras added to an intersection hat already had existing cameras.
Tickets mailed late or to the wrong address.
Some states have a specific time frame that the police must mail a valid ticket with court date. If that time frame is not met or if the ticket goes to the wrong address then it can be brought up in court.
Traffic Camera Ticket Defects
Here are a few Defects that can help you beat a traffic camera ticket. These may not apply to all states so check your local laws or consult a legal professional before using these as a defense.
Some states require a clear photo of your face.
If the face is blurry this is an easy dismissal. The face photo is usually only required if points can be added to your license.
There are actually fake tickets sent by the police.
If there is no court address or it states not to contact the court it is a fake ticket.
The photo is not of you.
You DO NOT have to tell them who is in the photo.
Did someone else turn you in after receiving the original ticket.
Basically this means someone got the ticket, said it wasn't them but, gave your name. This can not be held against you in a court of law without them actually subpeoning the person who turned you in.This is time and money they will not spend on a traffic ticket.
Yellow light is to short.
If the yellow light too short then the ticket is no good. Check local traffic laws.
NO Photo Enforcement Warning Signs.
Some states require signs stating that a specific intersection is enforced by cameras. Signs must be visible from all directions of the intersection.
30 Days of Warning tickets on new camera installations.
Some states require a 30 day period after a new camera installation of warning tickets. This also may include cameras added to an intersection hat already had existing cameras.
Tickets mailed late or to the wrong address.
Some states have a specific time frame that the police must mail a valid ticket with court date. If that time frame is not met or if the ticket goes to the wrong address then it can be brought up in court.
Friday, September 4, 2009
Lidar Laser Secrets...
Lidar stands for light detection and ranging. Lidar measures the vehicle's speed by calculating the changing time it takes to catch sight of reflecting pulses of light over a certain time period.
To beat a lidar speeding ticket if you put the officer and the speeding equipment on trial. Create doubt by asking the following questions:
To beat a lidar speeding ticket if you put the officer and the speeding equipment on trial. Create doubt by asking the following questions:
- Ask what the position of the lidar gun was in relation to the sun and other bright lights, because lidar uses infrared light and doesn't work well when aimed at the sun or other bright light.
- When was it calibrated on the day of the violation?
- Ask why, if the officer refused to demonstrate the calibration at the day of the violation.
- Ask questions about the colour of your clothes, vehicle characteristics and traffic conditions in order to show that the officer doesn't remember the incident.
- Ask the officer about the laws in the area to establish whether he indeed knows all the rules and regulations.
- Question the officer about the operating procedure of the lidar unit. Focus on any mistakes that he might have made.
- Question the officer's hand stability because a slight movement in the arm can produce an incorrect reading, unless he made a cross reference with a stopwatch or radar to check the accuracy of the reading.
- Ask questions about the officer's training to establish whether he received adequate training to operate the unit.These are just a few questions you can ask to create doubt about the accuracy of the reading and the equipment. It is however important to prepare well for your court appearance. Follow the guidelines on how to beat a lidar speeding ticket and do your research on other aspects such as what to do when you get pulled over and the plea process.
Saturday, August 8, 2009
Take your time and BREATHE...
The trial will proceed at an extremely fast pace. The prosecutor already knows what questions he will ask. The officer already knows what to say to the prosecutor’s questions, they have done this dozens of times. You will not be able to understand everything they say.
*Note*: Pay attention only to the testimony regarding the calibration. When it comes to your turn, only go for the calibration. Ask as few questions as possible, do not open the door for the prosecutor. Once the point is made, stop and ask for a dismissal. Do not continue unless your motion is denied.
Try Not to Be Nervous
You will be nervous, take your time, read your notes, ask the prepared questions you have written down. You are allowed to read from your paper. If they deny it, immediately appeal.
Do Not Give In
The prosecutor will try to have you take the witness stand. DO NOT DO IT. You may be tempted to take the stand so that you can tell your side. DO NOT DO IT. Your story is not important and will never lead to a dismissal or not guilty verdict.
*Note*: Only ask questions, never give an answer. A question asked can never be used against you. If you freeze, ask the judge for a moment to regain your composure and read your notes. Most of all, keep the questions to as few as possible, and stay on target.
Reduced Charge
Before the trial, the prosecutor may make you an offer for a reduced charge. TAKE IT. That is reducing the charge to a non moving violation. The judge knows that on appeal his ruling will most likely be overturned, but you have to put up a bond for appeal, hire a lawyer, and spend lots of money.
*Note*: Pay attention only to the testimony regarding the calibration. When it comes to your turn, only go for the calibration. Ask as few questions as possible, do not open the door for the prosecutor. Once the point is made, stop and ask for a dismissal. Do not continue unless your motion is denied.
Try Not to Be Nervous
You will be nervous, take your time, read your notes, ask the prepared questions you have written down. You are allowed to read from your paper. If they deny it, immediately appeal.
Do Not Give In
The prosecutor will try to have you take the witness stand. DO NOT DO IT. You may be tempted to take the stand so that you can tell your side. DO NOT DO IT. Your story is not important and will never lead to a dismissal or not guilty verdict.
*Note*: Only ask questions, never give an answer. A question asked can never be used against you. If you freeze, ask the judge for a moment to regain your composure and read your notes. Most of all, keep the questions to as few as possible, and stay on target.
Reduced Charge
Before the trial, the prosecutor may make you an offer for a reduced charge. TAKE IT. That is reducing the charge to a non moving violation. The judge knows that on appeal his ruling will most likely be overturned, but you have to put up a bond for appeal, hire a lawyer, and spend lots of money.
Watch Your Mouth...
Your intent is to catch the prosecution unprepared. If you tip them off by letting them know your intentions, they may produce the necessary documents at the trial.
Avoid these mistakes at all costs:
• Do NOT motion the court before the trial for any documents.
• Do NOT motion the court for their evidence before the trial.
• Do NOT testify, even if the prosecution challenges you to testify.
• Make no statement regarding your speed. Do not let the prosecution con you into making a statement. The burden of proof is on their shoulders. Don’t make their job easy for them.
• Do NOT let the prosecution know your intentions.
Assembly Line
Speeding trials are an assembly line. The prosecution does not have the time to gather the documents for every case they will hear. Dozens of people will be tried, only a few minutes devoted to each one. The prosecution expects you to fold. Don't tip them off by asking in advance for the documents, they will know what you are up to and bring all the paperwork.
Reasonable Information
In your case, you are only asking for documents any prosecutor would present. The fact that the prosecutor doesn’t present them is not your fault or responsibility. He is a trained lawyer. He knows the items requested are required. The fact the prosecutor did not come prepared, he cannot claim trial by ambush, even if you surprised them when you asked for the documents.
No Objections
During the officer’s testimony, do not object to anything! Wait until it is your turn, do not tip them off. If you object when the officer introduces the radar evidence, you open the door for the prosecution. They will realize your intent. Wait until prosecution rest it case.
*Note*: Once the prosecution has rested, they cannot bring in or introduce additional evidence, they are finished.
Avoid these mistakes at all costs:
• Do NOT motion the court before the trial for any documents.
• Do NOT motion the court for their evidence before the trial.
• Do NOT testify, even if the prosecution challenges you to testify.
• Make no statement regarding your speed. Do not let the prosecution con you into making a statement. The burden of proof is on their shoulders. Don’t make their job easy for them.
• Do NOT let the prosecution know your intentions.
Assembly Line
Speeding trials are an assembly line. The prosecution does not have the time to gather the documents for every case they will hear. Dozens of people will be tried, only a few minutes devoted to each one. The prosecution expects you to fold. Don't tip them off by asking in advance for the documents, they will know what you are up to and bring all the paperwork.
Reasonable Information
In your case, you are only asking for documents any prosecutor would present. The fact that the prosecutor doesn’t present them is not your fault or responsibility. He is a trained lawyer. He knows the items requested are required. The fact the prosecutor did not come prepared, he cannot claim trial by ambush, even if you surprised them when you asked for the documents.
No Objections
During the officer’s testimony, do not object to anything! Wait until it is your turn, do not tip them off. If you object when the officer introduces the radar evidence, you open the door for the prosecution. They will realize your intent. Wait until prosecution rest it case.
*Note*: Once the prosecution has rested, they cannot bring in or introduce additional evidence, they are finished.
No More Witnesses
They cannot call any more witnesses unless they are rebuttal witnesses to your cross-examination of the officer. Because you are asking for documentation, they cannot legally call another witness. All they can do is present paperwork, which they do not have at trial that day. Without that evidence the prosecution has nothing. The evidence given by the officer is useless, so remember, do not tip them off.
Good Offense
You have, in essence, ambushed the prosecution. They may attempt to introduce new evidence, don’t let them. Argue that the prosecution rested. Presenting logs or documentation that you ask for is not new evidence.
No Jury
Do not ask for a jury trial. The prosecutor will prepare for that. Unknown to you, at a jury trial the prosecutor can ask for the full punishment allowed by law, including jail time for going over the speed limit. A jury trial takes a lot of time and resources. This could upset the court, and you will probably lose. The jury can, without being bound by the evidence still convict you.
The Court Room Traffic Lingo...
Best Evidence
The Best Evidence Rule states that if an original (document) is available, it must be used. If the original does not exist, a photocopy may be used, provided that there is certification that the photocopy is a true copy of the original.
*Note*: If someone tries to introduce a photocopy, ask for the
original and object to a photocopy.
Case Law and Calibration
In every state there is case law regarding radar and the use of pace cars. In every situation, the ruling is that whatever means are used to determine your speed, the device must be accurate and functioning correctly. Calibration is recognized as being essential to proving that the measuring device is accurate.
*Note*: If the calibration of a device is not challenged, it is presumed to be accurate and functioning properly. Calibration must be performed within a reasonable period of the time of an arrest. A calibrated unit if damaged or altered is no longer considered calibrated unless it is recalibrated and found to be functioning correctly. If a device is used to calibrate another device, that device itself must have been calibrated within a reasonable period of time prior to use of calibration. Most courts agree that six months is a reasonable period of time.
Reasonable Time Regarding the Radar
The unit must be tested within a reasonable time before your arrest. That time is no more than the day of the arrest. To show that the device was functioning properly during the arrest, the unit should then be checked again immediately after the arrest.
Reasonable Time Regarding the Testing Device
This is generally accepted as no more than six months. The same applies for the speedometers.
Radar Log
The radar equipment must be accompanied with a log showing repairs and when it was last tested, who performed the test, and what malfunctions, if any, the unit has had in the past. There is also an arrest log that the officer must keep. This log shows the time of your arrest and the time when he tested the radar gun. He has an obligation to present the log if it is material
to the evidence, provided you ask for it.
Maintenance Log
A maintenance log must be kept for the vehicle in the event of being paced. As for it, and ask for the documentation on the speedometer certification.
Paperwork Verification
The police have to do the paperwork. If the prosecution produces certification or related paperwork be sure they match up. If they produce a certification on the tuning forks for a certain radar unit, make them show (by serial number) that this particular tuning fork was used on the specific radar unit to which it belongs, and that the specific radar unit was installed in the
specific car the day it was used to determine your speed. This has to be shown by log book entries; the officer’s word is not good enough unless you accept it. In nearly all cases, the officer does not know the serial number of the unit installed in the car he was assigned that day. There is no time to spend days researching maintenance records to make a paper trail, the trial is
today.
*Note*: The prosecution has already rested its case; it cannot ask for an extension unless you let them. If they ask for an extension, object! The judge will turn them down. If you do not object, the judge may grant the request.
Radar
We all have heard the stories of radar units clocking trees at over 50 MPH and stop signs at over 150 MPH. All courts have taken judicial action that radar readings are admissible provided the following chain of four items remains unbroken:
1. The unit was used properly by a trained and qualified operator.
2. The radar unit is properly maintained.
3. The radar unit was properly tested.
4. The calibration device used to test the radar unit was in proper operating order and was tested accurate within a reasonable period of time, usually 6 months.
Judicial Notice
Judicial notice is the court accepting something as fact which does not have to be proven again. A judicially noted fact is not subject to dispute because it is either known and accepted as true by the court, or it can be accurately tested by an authority in the appropriate field. Courts have taken judicial notice that radar and speedometers are accurate measuring devices provided they are calibrated and used correctly.
Accept it: radar works; officers know how to use it, and the court will accept their testimony unless you find fault with any one of the above four admissible evidence items. Finding fault with any one of the items breaks the chain of evidence. Break one link and the court can no longer assume to a legal degree of certainty that the readings are correct and accurate. This leaves the prosecution without credible evidence for their case.
The Best Evidence Rule states that if an original (document) is available, it must be used. If the original does not exist, a photocopy may be used, provided that there is certification that the photocopy is a true copy of the original.
*Note*: If someone tries to introduce a photocopy, ask for the
original and object to a photocopy.
Case Law and Calibration
In every state there is case law regarding radar and the use of pace cars. In every situation, the ruling is that whatever means are used to determine your speed, the device must be accurate and functioning correctly. Calibration is recognized as being essential to proving that the measuring device is accurate.
*Note*: If the calibration of a device is not challenged, it is presumed to be accurate and functioning properly. Calibration must be performed within a reasonable period of the time of an arrest. A calibrated unit if damaged or altered is no longer considered calibrated unless it is recalibrated and found to be functioning correctly. If a device is used to calibrate another device, that device itself must have been calibrated within a reasonable period of time prior to use of calibration. Most courts agree that six months is a reasonable period of time.
Reasonable Time Regarding the Radar
The unit must be tested within a reasonable time before your arrest. That time is no more than the day of the arrest. To show that the device was functioning properly during the arrest, the unit should then be checked again immediately after the arrest.
Reasonable Time Regarding the Testing Device
This is generally accepted as no more than six months. The same applies for the speedometers.
Radar Log
The radar equipment must be accompanied with a log showing repairs and when it was last tested, who performed the test, and what malfunctions, if any, the unit has had in the past. There is also an arrest log that the officer must keep. This log shows the time of your arrest and the time when he tested the radar gun. He has an obligation to present the log if it is material
to the evidence, provided you ask for it.
Maintenance Log
A maintenance log must be kept for the vehicle in the event of being paced. As for it, and ask for the documentation on the speedometer certification.
Paperwork Verification
The police have to do the paperwork. If the prosecution produces certification or related paperwork be sure they match up. If they produce a certification on the tuning forks for a certain radar unit, make them show (by serial number) that this particular tuning fork was used on the specific radar unit to which it belongs, and that the specific radar unit was installed in the
specific car the day it was used to determine your speed. This has to be shown by log book entries; the officer’s word is not good enough unless you accept it. In nearly all cases, the officer does not know the serial number of the unit installed in the car he was assigned that day. There is no time to spend days researching maintenance records to make a paper trail, the trial is
today.
*Note*: The prosecution has already rested its case; it cannot ask for an extension unless you let them. If they ask for an extension, object! The judge will turn them down. If you do not object, the judge may grant the request.
Radar
We all have heard the stories of radar units clocking trees at over 50 MPH and stop signs at over 150 MPH. All courts have taken judicial action that radar readings are admissible provided the following chain of four items remains unbroken:
1. The unit was used properly by a trained and qualified operator.
2. The radar unit is properly maintained.
3. The radar unit was properly tested.
4. The calibration device used to test the radar unit was in proper operating order and was tested accurate within a reasonable period of time, usually 6 months.
Judicial Notice
Judicial notice is the court accepting something as fact which does not have to be proven again. A judicially noted fact is not subject to dispute because it is either known and accepted as true by the court, or it can be accurately tested by an authority in the appropriate field. Courts have taken judicial notice that radar and speedometers are accurate measuring devices provided they are calibrated and used correctly.
Accept it: radar works; officers know how to use it, and the court will accept their testimony unless you find fault with any one of the above four admissible evidence items. Finding fault with any one of the items breaks the chain of evidence. Break one link and the court can no longer assume to a legal degree of certainty that the readings are correct and accurate. This leaves the prosecution without credible evidence for their case.
Subscribe to:
Posts (Atom)
