Expert Advice When You Need It Most
Posted over 2 years ago. Applies to California, 6 helpful votes, 0 comments
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RULE #1: DON'T ARGUE WITH THE OFFICER...IF YOUR CASE IS SCHEDULED FOR A COURT TRIAL, YOU OR YOUR ATTORNEY WILL TRY TO GET THE OFFICER WHO ISSUED THE TICKET TO AGREE TO REDUCE THE CHARGE, CALLING HIM A FOOL, JERK, OR WORSE AT THE TIME HE ISSUES YOU THE CITATION IS A SURE-FIRE WAY TO GET THE POSSIBILITY OF ANY PLEA DEAL TAKEN OFF THE TABLE. 2
ENTER A NOT GUILTY PLEA.ENTER A NOT GUILTY WITH THE COURT AND REQUEST PAPERWORK FOR A TRIAL BY DECLARATION, WHICH ALLOWS YOU TO ARGUE YOUR CASE TO THE JUDGE IN WRITING - YOU DON'T HAVE TO GO TO COURT, YOU JUST SEND A LETTER STATING WHY YOU DON'T DESERVE THE TICKET. IF YOU LOSE, YOU'RE ENTITLED TO A TRIAL DE NOVO, WHICH IS THE TRAFFIC TRIAL YOU WOULD HAVE HAD IF YOU HADN'T EXERCISED THE TRIAL BY DECLARATION OPTION. 3
SCHEDULE A TRIAL DE NOVOSCHEDULE A TRIAL DE NOVO WITH THE COURT. ON TRIAL DAY, GET TO COURT EARLY. LOOK FOR THE OFFICER IN COURT. MOTION TO HIM/HER YOU'D LIKE TO SPEAK WITH THEM. NICELY REQUEST THEY LOWER THE SPEED OR REDUCE THE OFFENSE TO A NO-POINT, LOW-FINE INFRACTION. 4
NO PLEA REACHEDIF YOU CAN'T REACH A PLEA DEAL WITH THE OFFICER, YOU'LL HAVE TO DO A TRAFFIC COURT TRIAL, WHICH INVOLVES YOU, THE OFFICER AND THE JUDGE. THE OFFICER TESTIFIES FIRST. IF IT LOOKS LIKE THEY'RE READING FROM THE CITATION, OBJECT BY SAYING "YOUR HONOR, IT SEEMS OFFICER_______IS READING FROM THE CITATION. I HAVE A RIGHT TO VOIRE DIRE (EXAMINE) THEM ON THEIR PERSONAL RECOLLECTION OF THE EVENTS. MAY I DO SO NOW?" THE JUDGE SHOULD TELL THE OFFICER TO HAND YOU THE CITATION. YOU ASK THEM QUESTIONS ABOUT THE TIME/PLACE/ETC THEY GAVE YOU THE TICKET. QUESTIONS DESIGNED TO SHOW THE OFFICER DOESN'T RECALL THE STOP ITSELF AND IS RELYING ON THE NOTES ON HIS COPY OF THE CITATION. IF YOU'RE SUCCESSFUL, HE WON'T BE ABLE TO RELY ON THE CITATION DURING HIS TESTIMONY, AND WILL THEREFORE OMIT CRUCIAL DETAILS OF THE STOP. 5
ELEMENTS OFFICER MUST TESTIFY TOWHEN HE BEGINS HIS TESTIMONY, HAVE A PRINTED CHECK-LIST IN FRONT OF YOU. BE SURE THE OFFICER STATES: THEY WERE IN FULL UNIFORM, ON DUTY, INSIDE THE COUNTY JURISDICTION, IN A MARKED PATROL CAR, AND IDENTIFIES YOU BY YOUR NAME AND YOUR DRIVER'S LICENSE NUMBER. IF SPEEDING IS ALLEGED HE MUST STATE THE SPEED YOU ARE ALLEGED TO HAVE BEEN GOING...IF HE OMITS ANY OF THESE, AFTER HE'S DONE, ASK HIM "OFFICER, DO YOU REST?" HE'LL SAY "YES." SAY TO THE JUDGE "YOUR HONOR, I OBJECT TO THE OFFICER'S TESTIMONY BECAUSE HE/SHE DID NOT FULFILL THE STATUTORY REQUIREMENT OF PROVIDING ALL NECESSARY INFORMATION..." THE JUDGE WILL ASK "WHICH INFO?" YOU SAY "I'D RATHER NOT SAY IF YOU'RE GOING TO ALLOW HIM TO RE-OPEN." JUDGE SHOULD SAY HE WON'T. THEN TELL THE JUDGE WHAT DEAIL(S) THE OFFICER OMITTED. CASE SHOULD BE DISMISSED. 6
RADAR CROSS-EXAMINATIONIN SPEEDING CASES RADAR IS ALMOST ALWAYS USED. HERE ARE A FEW QUESTIONS THEY'LL BE QUITE SURPRISED YOU KNOW TO ASK - AND THAT CAN RUIN THEIR CASE COMPLETELY... "WHEN WAS THE RADAR UNIT LAST CALIBRATED BY AN INDEPENDENT TESTING LAB?" IT MUST HAVE BEEN WITHIN 3 YEARS OF THE DATE YOU WERE ISSUED THE CITATION. FOLLOW WITH "DO YOU HAVE DOCUMENTATION PROVING THAT?" HE SHOULD HAVE A CERTIFICATE FROM THE LAB WITH THE DATE AND THAT THE UNIT PASSED. 7
OFFICER'S PERSONAL QUALIFICATIONSASK THE OFFICER "DID YOU ATTEND A P.O.S.T. - CERTIFIED RADAR-TRAINING COURSE? HOW LONG WAS IT? WHEN DID YOU COMPLETE IT? HAVE YOU BEEN RE-CERTIFIED? WHEN? DO YOU HAVE PROOF?" MUST BE A 24 HOUR COURSE, WITHIN 3 YEARS, RE-CERTIFIED EVERY YEAR, AND HAVE DOCUMENTATION PROVING IT. 8
BASIC SPEED LAW CASES (25-55MPH)FOR MOST CASES CHARGING SPEEDING WITH AN ALLEGED SPEED BETWEEN 25 AND 55 MPH THE BASIC SPEED LAW WILL APPLY. HERE'S THE CRUCIAL THING TO KNOW ABOUT THE BASIC SPEED LAW: RADAR CAN'T BE USED UNLESS THE OFFICER INTRODUCES A CERTIFIED COPY OF AN ENGINEERING AND TRAFFIC SURVEY JUSTIFYING THE SPEED WHERE YOU WERE TICKETED. IF HE STARTS MENTIONING :RADAR,: OBJECT AND DEMAND INTRODUCTION OF THE CERTIFIED E&TS. NOT ANY COPY, A CERTIFIED COPY. WITHOUT IT HE CAN'T TESTIFY TO RADAR READINGS AND HE'S PREVENTED FROM TESTIFYING ABOUT HIS PERSONAL OBSERVATIONS. IN FACT THE COURT LACKS POWER TO FIND YOU GUILTY - CASE OVER, YOU WIN! 9
KEEP NOTES DURING THE TRIALJOT DOWN WHAT THE OFFICER SAYS THAT STRIKES YOU AS IMPORTANT - PARTICULARLY ANSWERS TO QUESTIONS SPECIFIED ABOVE. USE THESE AT THE END OF THE TRIAL WHEN THE JUDGE GIVES YOU A CHANCE TO "ARGUE" OR "CLOSE". 10
PAYMENT OPTIONSIF YOU LOSE, ASK THE JUDGE FOR PAYMENT OPTIONS- U MIGHT GET 60 OR 90 DAYS TO PAY WITHOUT ANY PENALTY BEING ASSESSED. Additional ResourcesMY WEB SITE HAS DETAILED INFO...CHECK IT OUT AT: noticket4u.law.officelive.com Related Questions1 Attorney answers: 
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