By David Brown Attorney
Woe to the unprepared citizen contesting a ticket.Many humans imagine that to struggle a price ticket in courtroom they only have to appear armed with not anything yet their unhappy story and a successful smile.Nothing may be farther from the reality says Beat Your price ticket writer legal professional David Brown ticketed drivers have to be as ready as attainable prior to pulling as much as the courthouse steps Armed with Brown's new 50 kingdom guide—the counterpart to his bestselling California particular struggle Your Ticket—road warriors have all that they should deal with run of the roadtickets with self belief in finished phrases scrubbed freed from legalese the publication discusses dashing together with how one can struggle radar and laser tickets rolling stops unlawful turns and lane alterations cruising via purple mild exhibit to organize for court docket tips to make a successful presentation find out how to go learn the ticketing officer. This e-book incorporates a specific kingdom through nation appendix that catalogs the serious information regarding each one state’s site visitors legislation and courtroom tactics. essential handbook for contesting bum rap site visitors citations Beat Your price tag belongs in each driver’s glove compartment.
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Extra resources for Beat Your Ticket: Go to Court & Win, 6th Edition
In practice—even in states that don’t require pacing over a minimum distance—most traffic officers will usually try to follow you for a reasonable distance to increase the effectiveness of their testimony, should you contest the ticket. tip Road configuration may help prove inadequate pacing. Hills, curves, traffic lights, and stop signs can all help you prove that an officer did not pace you long enough. For example, an officer following your vehicle a few hundred feet behind will often lose sight of it at a curve, not allowing enough distance to properly pace the vehicle.
Caution Be aware of hearsay. In challenging your ticket, you will want to be aware of a key legal rule called “hearsay,” which could help your case. The hearsay rule prohibits any testimony that quotes information from somebody other than the witness. This is sometimes called the “he said” rule because it forbids a witness from testifying to what somebody else said he saw. There is a huge catch to this hearsay prohibition— just like Perry Mason, you must affirmatively object or the judge will allow the testimony.
You can consider one other possibility—although it is often a long shot: The officer may not show up in court. In that case, in most states your ticket will probably be dismissed. But don’t count on this happening. It’s true that sometimes an officer misses a court appearance while on vacation, due to illness, a scheduling conflict, or other reasons, but officers commonly show up. And the more serious the violation, the more the odds increase of an officer’s appearance. Challenge the Officer’s Subjective Conclusion Remember, in many states, with many tickets, it’s perfectly possible—and sometimes even fairly easy—to challenge the police officer’s view of what happened.