Beat your ticket go to court and win pdf

This article gives an overview of common red light camera consequences and defenses. But the laws of every state are different. Before deciding what to do in your case, it's always best to check your state's law and talk to a knowledgeable attorney. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Toggle navigation DrivingLaws. Search Term. Fighting a Red Light Camera Ticket. Common defenses to red light camera citations and deciding whether to contest the ticket in the first place.

Costs and Other Consequences of a Red Light Camera Ticket Before deciding whether to contest a red light camera ticket, you may want to consider the consequences of admitting the violation. Depending on the situation, an owner might be able to prove he or she wasn't driving by providing: a police report showing the vehicle had been stolen a rental or lease agreement showing someone else had possession of the car, or evidence of being somewhere else on vacation, for instance when the violation occurred.

So, drivers might be able to beat a red light camera ticket by showing they went through the light because: they were directed to do so by a law enforcement officer it was necessary to yield to an emergency vehicle , or they were driving an emergency vehicle during an actual emergency. State Laws Vary This article gives an overview of common red light camera consequences and defenses.

While he is still with you, review the citation to see if he documented the type of device he used to measure your speed. Documentation Remember everything you do or say is being documented and possibly even being recorded by the officer. Then return to the area and snap photos of the area with a camera or your smartphone. Step 1 — Know What the Officer Shot You With To properly prepare your case, you first need to know what type of device the officer used to clock your speed.

Police radar guns transmit microwave radio signals, and it this type of enforcement that accounts for most speeding citations. Other ways an officer can clock your speed are using a timing device such as a stopwatch or VASCAR, or following behind you clocking your speed using their speedometer. If this is not documented on your citation, then you may need to follow-up with a friendly telephone call to the agency or officer that issued you the citation and inquire.

State of Florida v. Aquilera This infamous case is known widely as the Miami Radar Trial. After a local television reporter showed a house clocked at 28 mph and a palm tree clocked at 86 mph, the story broke nationwide and radar was quickly shown to be less than accurate.

In this case the Dade County Court sustained a motion to suppress the results of radar units in 80 speeding ticket cases. United States v.

The court also found that the officer was not qualified to operate the radar unit since he did not know the requirements for correct operation of the unit. In addition, the officer did not calibrate it before use, on that occasion. Commonwealth of Kentucky v. Honeycutt This case is a very common prosecution weapon against the 24 hours of classroom and 16 hours of field training requirement.

In this case the court ruled that an officer should not be required to know the scientific principles of radar. The court also ruled that the officer only needs to know how to properly set up, test and read the radar unit.

As such, a few hours of instruction should be enough to qualify an officer to operate the radar unit. State of Connecticut v. That the tests were made by activating 40, 60 and 80 mph tuning forks and by observing that the unit responded correctly in each case.

State of Minnesota v. Beat Your Ticket simply and clearly lays out the best strategies for beating tickets in court. The book explains in plain English how to: use the law to fight an unwarranted ticket find out what the police officer plans to say at your trial attack radar and other detection methods pick a jury present your case cross-examine the ticketing officer The 4th edition is extensively updated to reflect your state's current traffic laws and court procedures.

Formats PDF ebook. Languages English. We've all received one -- a traffic ticket that seems completely unfair, the result of an officer's evening quota rather than a serious moving violation.

David Brown - Author. Why is availability limited? Sign in Cancel. Add a card. If you don't make a deal with the prosecutor, your case will go to trial. Sit in the gallery of the courtroom until your case is called, then move to the front to present your defense. Look to see if the officer who issued your ticket is there. If they're not, the prosecutor won't have any witnesses against you and you may win by default.

When the judge asks for your defense, tell them that the prosecution hasn't proven its case against you. Address your arguments to the judge directly, speaking in a loud, clear voice. Refer to the judge as "your honor. Avoid arguing with the judge or talking over them. Ask about your appeal options. If the judge declines to rule in your favor, you can typically appeal the ruling.

An appeal isn't a new trial. Your chances of success depend on whether there was enough evidence at trial to justify the judge's decision. You'll have to pay filing fees, typically a few hundred dollars. If you can't afford the filing fees, you may qualify for a fee waiver. If you decide you want to appeal, it may be a good idea to hire an attorney to assist you. You usually have a limited time to indicate that you want to appeal.

If you want to hire an attorney, you may need to file your notice of appeal first. Method 2. Research the law. The officer who pulled you over may not have been entirely familiar with the exact wording of your state's distracted driver law. This can work to your advantage, since when you plead not guilty by mail you're communicating directly with the judge.

You can also go to the public law library typically located in the courthouse and search for any appellate court cases that might have interpreted the law. Get the law librarian at the public law library to help you. Make copies of anything you find that applies to your situation, or indicates that your ticket should be dismissed. You can include them with your letter to the judge.

Submit a letter to the judge pleading not guilty. If you are allowed to do a "trial by declaration," you can submit a declaration of your innocence in writing and never have to go to court.

Many courts have forms you can use. Whining about how the ticket should be dismissed because you don't want your insurance rates to go up, for example, won't do you any good. If you have any evidence, such as a copy of your phone record or a copy of a case you found with facts similar to your situation, include a copy with your letter.

One advantage of fighting your ticket this way is that often the officer who issued your citation will not respond. Officers typically are more likely to show up in court than they are to respond to a declaration, which they just see as more paperwork. Wait for the court's decision. Once your letter is received, the court will submit it to the officer who issued your citation. The officer will have a deadline by which to respond. Then the judge evaluates all the information provided.

Some courts simply provide you an estimated period of time. If several months go by and you haven't received anything from the court, contact the clerk's office to check on the status.