Contesting Speeding Tickets
The first point is to read your entire ticket carefully. It is essential that you read the the back of the ticket because most of the important information is contained on the back. For example, information about your court appearance is typically presented on the back such as needing to submit a written request for the officer to appear at your court hearing. Without this written letter your ticket will not be dismissed if the officer does not show up to your trial. It is your responsibility for know what you need to do prior to your court date. You may have to submit a plea in writing prior to your court appearance. Also, don't forget to make copies of all of the letters that you send and use register mail when sending these letters. This provides a paper trail so that you can prove to the judge that you followed the proper procedures. You do not want to be surprised when you head to trial. Once you get to trial, do not try to prove your innocence. It is not your burden to prove your innocence. It is the responsibility of the prosecutors to prove your guilt. The last thing that you want to do is to start spewing out unfound excuses. Chances are you do not have an excuse that the judge has not heard before and by offering an excuse you are admitting guilt. Your best defense is to remember you ARE innocent when you walk into the court room. In addition, the prosecution needs to supply sufficient evidence that you are guilty, i.e. they need to prove that you were speeding by showing proof which is harder than you think. Most prosecutions rely on simple testimony and this is not enough to prove your guilt. Do not roll over for them. Make them do their job. The first part of your defense is to keep your mouth shut. The more you talk the easier it is for the prosecutor to prove your guilt. Also, never testify on the stand. If the prosecutor invites you to take the stand, reject the offer. You are not under any legal obligation to do so. He wants you to take the stand because he knows once he's done with you, the case is over. In addition do not try and defend yourself by claiming the radar gun wasn't working properly or by giving some crazy excuse or targeting the officer. This will only incite the court. Make sure you attack the evidence and not the officer. Remember, the prosecution needs to PROVE your guilt. In order to prove your guilt, the prosecution needs to submit the proper documentation to the court including the documentation proving the equipment was functioning accurately. If the officer fails to provide this documentation then the ticket should be dismissed. Do not give in to verbal proof from the officer that he calibrated the radar gun. The judge may deem this acceptable, arm yourself with your state law which requires proper documentation of the calibration. Our justice system requires substantial evidence to a crime. The prosecution needs to present the proper documentation showing that the radar gun was functioning correctly.
Remember that there are many ways for contesting speeding tickets. Do your homework prior to your trial. Whatever you do, DON'T pay that speeding ticket before you sign up for our free report! |
