Do you want to discover the secrets on how to beat your speeding ticket in court?
The U.S. Highway patrol estimated that there are over 41,000,000 speeding tickets issued in the USA each year and that only 5% challenge their citation in court.
And out of this 5% less then .05% beat their ticket or have it dismissed.
Because they were not prepared!
In this article I will share with you some of the secrets to getting prepared for court
“I just KNOW there are many folks out there who don't know how to hang in for the win. I hope more do, through folks like you and others who are spreading the word, one way or another. Thank you, Roy, for being there.” – T.C. - Hawaii
You’re cruising the highway and then in your rearview mirror you see the flashing red and blue lights of a patrol car that is pulling you over.
At this point it is CRITICAL that you remember EVERYTHING that is happening around you so you can document this later.
What was the traffic flow like
What signs are on the roadway
The condition of the roadway
What is the weather like
As you’re doing this look for a safe place to pull over for you and the police officer.
If you’re on the highway in busy traffic, put your flashers on, pull over to the right and consider exiting at the first exit.
Once you’re stopped STAY IN YOUR CAR!
Many police officer shootings occur as the officer is approaching a violator.
Because of this his/her stress level is high and he/she is watching everything you and the occupants of the car are doing.
Reach into the glove box
Reach under your seat
Keep your hands in plain sight
Your only job at this point is to reduce the officer's stress level as much as possible.
The California Stop
One strategy to reduce the officer’s stress level is called the California Stop.
As the officer is exiting his car, roll down the drivers side window.
If it is at night, turn on your interior lights
Then place your hands on the top of your steering wheel palms up, facing your face.
Doing this the officer can immediately see that you’re not an immediate threat and his stress level is reduced.
License, Registration, Insurance Card, any Weapons?
Now that the officer is standing next to your car one of the first things he is going to ask you is for your license, registration, insurance card and if you have any weapons in your possession.
If you do have any weapons tell him where they are and follow his/her instructions and hopefully you’re properly licensed to possess them.
Do You Know Why I Stopped You?
Remember, everything you say or do will be documented by the officer so don’t admit anything, especially that you were not paying attention.
Just say “no officer, can you explain to me why you stopped me”.
Obey the Officer’s Requests
After the officer obtains the required documentation he may ask you to step out of your car or to remain in your car, just follow his commands.
Can I See Your Radar/Laser Gun?
If the officer says that he used a radar or laser gun, seem curious and ask the officer if you can see it and if he would be willing to explain to you how it works.
If the officer does allow you to see it take a mental picture of the device, getting the manufactures name and model number.
If he refuses to show you the gun then just ask him if he could explain to you how it works.
As some point the officer is going to either have you sign the citation or just hand you a copy.
While he is still with you review the citation to see if he documented the type of device he used to measure your speed.
If he didn’t ask him/her to put on the citation the type of device he/she used.
Remember everything you do or say is being documented and possibly even being recorded by the officer.
It’s your job to do the same!
After the Stop
After the stop, find a safe place to pull over and write down EVERYTHING that happened and then return to the area and snap photos of the area with a camera and/or your smartphone.
Get Ready for Your Case
Next it’s your job to get ready for your trial.
Documents on the Speed Measurement Device
Next you will want to obtain the manuals from the manufacturer for the speed measurement device used by the officer.
Sometimes a simple search on Google can locate these.
If not, you then may have to contact the manufacturer to purchase a copy and/or subpoena the manual through the courts from the police agency.
Take special note what the manufacturer's recommendations are as far as:
Use and Care of
Any training and certification that may be required
Recommended record keeping
Tuning fork care of the device and recommendations
Next you will want to contact the court to find out the procedures in obtaining the following records from the police agency through a subpoena:
Officers training records
Officers disciplinary reports
Radar/Laser device maintenance records
Tuning fork calibration records (radar)
Officers certification records for the device
Annual calibration records for the device
Daily calibration records for the device
Many states have what is called Police Officer Standard Training (POST) regarding the certification and use of speed measurement devices.
Contact your state agency and request copies of these.
Put the Pieces Together
Now armed with all this documentation it is time to build your case.
Some of the items you can challenge:
Was the officer properly trained and did he/she follow POST and the manufacturer's recommendations/guidelines?
Was the device properly serviced and has it had its yearly manufacturer calibration?
Did the officer have in his possession the proper tuning forks, are they chipped or damaged which could effect the proper calibration? (radar)
Was the device properly installed in the officer’s patrol car?
Was there other traffic and/or devices in the area that could have interfered with the officer's speed reading?
More Tips and Strategies
My 78-page Radar Detector Buyers Guide contains several additional tips and strategies which I offer as my free gift to members who sign up for my V.I.P. Group.
Can You Beat Your Ticket in Court?
Well, that depends on if the evidence and testimony you present out weighs the evidence/testimony of the officer, but yes you can.
The following is a copy of an email that I recently received from someone who used this strategy and won:
I come bearing gifts - not really - but I was given one, in court!
After three continuations - two by me, and one by the state, my case was finally dismissed yesterday. Those continuations did not include the initial date that I appeared before a judge who strung me up and let me hang out to dry without any due process whatsoever. But, I had a little fun with it, even though it wasn't fun until yesterday when the ruling got reversed. Isn't it funny (not) how they just enter a judgment, and then you, as the defendant, have to do everything you possibly can to get it reversed? I was happy, in the end, to have gone all those times. They really, really do rig this whole process in favor of the State, and if you're the average Joe who pays his tickets, it's “Easy Street” for the City and County...
The first judge, a bitchy woman, didn't care what I had to say. Before she could say, "You have the right to app-", I said, "Yes, I want to appeal." She seemed to be a little stunned at my desire (and confidence) with which I entered my decision to not let her just enter a judgment because she felt like it. It was just a hearing - but a hearing where you have no say in the matter. She advised me, "You can think about it for 90 days, and then..." "No, Your Honor, I want the soonest date possible, please."
Then, I requested my first continuance through the mail.
On my second appearance, the cop didn't show. The judge allowed the state's request for a continuance. I fought back. The judge balked. I walked out of there furious, because the judge had gone so easily on the State.
I went to the clerk's window and asked for half a dozen subpoenas. I never did get around to using them. The clerk was funny, she retorted, "Half a DOZEN?" Hahaha she spent the next half hour stamping forms and DOING HER F**** JOB.
I requested a second continuance through the mail - on the Friday prior to the Monday I was supposed to show. On Saturday, I got the thumbs-up. Roy - I was ecstatic! This was as close to the date of my third appearance as possible, and the cop may or may not have not been told – I still don’t know if he ever went. Maybe he showed up to find that the date was changed again? I’m hoping so, but whatever the case was, I had my final disposition yesterday.
I apologized to the judge for being late (right on time), to which he replied, "NO PROBLEM!! WE GOT STARTED EARLY, SO YOU'RE NOT LATE..." in his jovial mannerism. I could tell he was a happy guy. I asked the bailiff if the cop had shown up, and I could see that when she asked the cute looking city prosecutor, she shook her head "no". I was beyond relieved!
"Is the state ready to proceed?"
"No, Your Honor, and we would ask for a continuance... although... as I'm reading here...this was our last continuance..."
"Yes, Your Honor?"
"Do you object to a further continuance?"
"Yes, Your Honor, I do."
"The State of Hawaii hereby dismisses court case #....and vacates..."
"Thank you, Your Honor."
"You're welcome, Mr. C"
This 25-year veteran of the fire service, with his clean record, gets to remain as such - and is so very happy to have been able to navigate the courts and bureaucracy. I just KNOW there are many folks out there who don't know how to hang in for the win. I hope more do, through folks like you and others who are spreading the word, one way or another. Thank you, Roy, for being there.
Here’s what I did right:
- I was respectful toward the officer. Defending yourself in court STARTS when you get pulled over. It could make all the difference. - I didn’t just pay the fine. I checked the box for “Court Date”, and mailed off my ticket after making a copy of the front and back. - I denied the charge in court – and, while I know I was technically gotten, there was something inside me that told me that the circumstance was stupid and unnecessary. I chose to fight it. - In court, I was early, made friends with the bailiff (who actually gave me some good advice), stood tall in front of the judge, and was respectful – but I didn’t lie down either. I confidently stated my case and requested a trial without hesitation. - I requested as many continuances as I could, and the 2nd one was a bit of a strategic play, in that, I bet that I could get the continuance approved right before my trial date was scheduled. I was right, and my gamble paid off. - I had a “Plan ‘B’”, and that was, if the cop showed up, I would’ve presented a strong defense and mitigating circumstances to the prosecution so I could cut a deal. I saw a guy swindle a corporation out of $100,000 and get probation – what about me? I was shooting for just under half of my targeted speed as a plea bargain. Luckily, I didn’t have to use “Plan B”. - I gambled on the probability that the officer wouldn’t show up. I won on that alone. Out of five or six cases on the court calendar that day, only two officers showed. That’s a 33% chance that you won’t have to prove your innocence. The State will do that for you ☺
(Disclaimer: I am not an attorney nor the member of any state bar, so the information I will be sharing with you should not be considered legal advice. However, this information is based upon my 20 years of law enforcement experience and testifying in hundreds of court cases.)
This site is owned and managed by "Radar Roy," a retired police officer and certified traffic radar instructor, who is considered a leading expert in the speed counter measurement industry.
To learn more about Roy, read his radar detector reviews or download his free radar detector eBook click here.
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