Professional Documents
Culture Documents
By Damon Dallah
Fourth Edition
LEGAL DISCLAIMER:
The information contained within this book is not intended to be used as legal advice. Beat the System is a compilation from the authors own knowledge, research, opinions, experience and by consulting some of the relevant authorities, laws and government publications. Every attempt was made to ensure this information is accurate and up to date. The author disclaims any responsibility for the accuracy of the content of this book. The publisher and author disclaim any personal liability from loss, damages, convictions, or risk incurred as a consequence of the use and application, either directly or indirectly, of any information or methods presented in this book. Also note that the author does not guarantee (either expressed or implied) that any speeding tickets will be avoided or dismissed in a court of law when this system is being worked. The reader agrees to use this information in a reasonable manner and at their own discretion and risk. Court procedures and laws differ (and change regularly) from sate to state and county to county. The reader agrees it is their responsibility to know the law and exact court procedures used where they live. If the reader is in doubt as to any legal procedures, it is to their own benefit and highly recommended they consult with a licensed attorney specializing in such matters. Do not act on or rely on any information from Beat the System without consulting with a licensed attorney as this book is not a substitute for obtaining appropriate legal advice from competent, independent legal counsel.
TERMS OF SERVICE: BY READING BEAT THE SYSTEM, YOU AGREE TO BE BOUND BY THE PREVIOUS TERMS AND CONDITIONS OF USE. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST STOP READING ANY FURTHER.
This book contains material protected under International and Federal Copyright Laws and Treaties. Any unauthorized use or reprints of this book is strictly prohibited. You DO NOT have the right to repackage, copy, distribute or resell this book! All violators will be prosecuted to the full extent of the law.
Table of Contents
Intro...6 How to Use This Book...........................................................................9 PART 1..10 So You Got a Ticket..11 First Things First..12 Set a Court Date.14 Your Legal Rights... 16 Good Impression.19 The Traffic Court System..................................................................20 Players. 21 In and Out24 Time in Court.25 Methods of Speed Capture......................27 Case Essentials..30 Calibration.30 Log Books.34 Direct and Cross Examination..35 Judicial Notice...36 Close Doesnt Count.38 Actual Trial............................................................................................39 What Not to Do......................................................... 39 Plea Bargaining.44 Preventing the Officer from Showing Up. 48 Standards of Proof...............................................................................51 Reasonable Doubt..52 Preponderance of the Evidence..54 How to Throw Out Evidence..57 Defense Strategy.58 Reasonable Doubt..59 Case Law62
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Part 2.72 Fatal Flaws..73 Testimony Attack75 Stationary Radar Defense 82 Scenario #1..............................................................85 Scenario #2.88 Scenario #3.90 Scenario #4.93 Scenario #5.95 Scenario #6.97 Scenario #7.98
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Moving Radar Defense.99 Construction Zone Defense.......................................................106 School Zone Defense.114 Laser Defense.118 Testing..123 Pacing Defense. 126 Scenario #1127 Scenario #2129 Scenario #3130 VASCAR Defense. 132 Scenario #1134 Scenario #2135 Scenario #3137 Scenario#4.139 Legally Speed Defense.142 Visual Estimation Defense.. 145 MUTCD Defense. 146 Court Time..154 Discrepancies.156
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PART 3..161 Playing Unfairly.162 Objections and Leading Questions165 Objections 165 Leading Questions.167 No Prosecutor...................................................................................168 Get a New Trial.. 171 Appeal173 Traffic School176 Closing Arguments178 Conclusion180
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Glossary..183 Appendix187
Introduction
Hello and welcome to Beat the System. When it comes to contesting speeding tickets, NO other book comes close. Consider yourself fortunate for being able to read this. Much of its' content is not known to the general public. So mysterious and secret, Beat the System will reveal amazing proven techniques that really work! Your decision to stand up and fight is an undoubtedly wise decision. At the same time, it is a brave one for the simple fact that you will be going up against one of the most powerful entities around... the US government. I know that may seem like a very formidable opponent - but never fear. The government, like any other form of organization in the world, is prone to some mistakes. These mistakes are our secret weapons. What you have before you is all you'll need to master the art of beating speeding tickets. Beat the System is a treasure chest of interesting tips, tricks, and proven strategies that will ultimately have you saying goodbye to speeding tickets forever. Beat the System will put you inside the courtroom with the legal strategies and defense tactics you need to beat your ticket easily and effectively. Don't let that word 'legal' fool you. There's absolutely nothing difficult or confusing about it. No traffic court system in the country will be able to convict you of speeding once youre done implementing Beat the System. The opposing state prosecutor will wish he never laid eyes on you.
exceed the speed limit, but only when it is safe to do so. Or they may exceed the speed limit absentmindedly for a few moments. In other words, they are for the most part safe drivers. On the other hand, you have your speed racers who think they own the streets. They make their presence felt with their disregard for traffic laws and safety. They run through stop signs, tailgate to get others to move and cut and weave through heavy traffic. They usually use their daily commute to catch up on things they didnt have time for at home like eating breakfast, shaving or applying makeup. They do all of this without the least bit of concern for others safety. Its these types of people police officers should be focusing their attention and trying to catch. Their driving habits are dangerous for everyone on the road. I advocate safety to the fullest.
This is NOT a book that condones or encourages fast and reckless driving!
If you find yourself driving extremely fast without any regard for others safety, then you're on your own. You won't find anything to help you here. You deserve a ticket. Beat the System crosses the line between safe speeding and irresponsible driving. As long as you aren't driving recklessly or while intoxicated, you will have a great chance at beating your speeding ticket. That's only common sense, but many people who do drive exceptionally fast think they can continue to do so and get away with it simply by reading this book. So, if you bought this book with the intention of avoiding a ticket while you and your buddies do a little drag racing, stop right now and get your money back. Nothing in here will help you! It would be in your best interest to close this book and open up The Yellow Pages instead to start looking for a good lawyer. For the rest of you who momentarily lost track of your speed, werent going 40+ over the limit or who are innocent victims of the system, with Beat the System at your fingertips you hold the most powerful source of information
money can buy. This book will continue to pay for itself time and time again. Never will you be duped into "illegally" contributing to your county, city or states revenue pool again. Sit back, relax and enjoy this e-book. It's quite the eye opener.
PART 1
The Fundamentals
As youll see later in this book, I tell you not to do such a thing before the trial. However, if it specifically says on the back of your ticket to do so, then simply write a letter with your ticket information on it and the date of your trial stating that you want the prosecution to present ALL of the evidence relevant to your case. This is what is called a subpoena duces tecum (pronounced dookis takem). (You may have to get the appropriate documentation from the courthouse in order to do this. Contact the court and find out for sure.) By having done so, you deny the judge or prosecutor the chance to say they dont have to present the evidence you are requesting. Never request a specific item. Just say you want ALL the evidence to be brought to court the prosecutor plans to convict you with. This is just a formality. More than likely the prosecutor still wont bring anything with him. Lastly, check to see how you are supposed to plea. Sometimes you may have to put your plea in writing and mail it to the court.
Important Note: If you send anything by mail, make sure it is registered mail. This way you can show proof that you did send something if they say you didnt. Have the court clerk sign for receiving your mail. Also keep a copy of what you send and always bring it to court with you.
The next thing you will want to do is find out what method the officer used to measure your speed. I always inform people not to ask the officer during the traffic stop how he clocked you speeding, so as not to tip him off that you will be contesting the charge. Instead, just take a look at your speeding ticket. It will be written somewhere on the ticket the exact measuring device used (i.e. radar, moving radar, laser, pacing). Not until you find out exactly what the officer used to measure your speed can you begin to build your case. Once you have this information, youll know what defense strategy is best for you.
Note: If the method used to clock your speed is not given, then your only choice is to make a discovery request (more on this later).
How to Plead
In court you have three options to choose from when pleading your case. 1. Guilty - By pleading guilty, you are relinquishing your right to contest this ticket in court. You are stating that the accusations against you are correct and you are willing to pay the price. The judge will then find you guilty and impose a fine. Your meeting with the law is now over and you will be instructed to go down to the clerks window and pay the fine. 2. Nolo Contendere - Also known as No Contest. This plea basically states you do not completely disagree with the charges against you, but that you have an explanation as to why you committed the violation. You are placing your fate in the hands of the judge. Most people choose to plead No Contest to traffic violations. After pleading no contest, depending on your excuse, the judge may find you guilty or not guilty. I would say that 99% of those people who plead No Contest will ultimately be found guilty -- good excuse or not. 3. Not Guilty - This is what you are going to plead. By pleading not guilty, you are not necessarily stating you did not commit the violation, but the courts can not prove, by providing sufficient
evidence, that you are guilty. When you plead Not Guilty, the judge will set a date and time for you to reappear in court and will subpoena the officer who gave you the ticket to also appear (remember in some states you may have to subpoena the officer yourself check your ticket). This next court date will be the actual trial. Simply by pleading Not Guilty, you already have a 30 - 50% chance (give or take) of beating your ticket. Many times, for a variety of reasons, the officer will fail to show up to court. If he doesnt show, your case will most often be dismissed! If this doesnt encourage you to fight your ticket, then I dont know what will.
Your Rights
As a U.S. citizen, the constitution has given you some very powerful rights when it comes to contesting speeding tickets. Know and understand your civil liberties before going any further. It's these rights that make this country a great place to live in.
You have a right to know why you are going to court. Any questions or concerns should be addressed to the courts.
Anyone who is charged with a crime in this country is innocent until the prosecution can prove otherwise. The same holds true in traffic court cases. If you are charged with a traffic offense, the burden is on the prosecution to prove you did in fact commit the alleged violation. Depending on where you live, that burden of proof can be very high or extremely low. (More on this later.)
since your right to a speedy trial has been violated. Motion for Dismissal: Your Honor, my right to a speedy trial has been violated in that the trial date has been scheduled past the Statute of Limitations of 45 days. I motion for a dismissal. (Note: 45 days is given as an example only. Yours may be slightly shorter or longer.)
Right to Counsel
When attempting to fight this ticket in court, you have the option of hiring the services of an attorney or representing yourself. The state will not appoint a lawyer for you, unless jail time is at stake. Otherwise, you would have to pay for your own attorney. Should you hire one? I always shy away from hiring an attorney for traffic court cases. There are two main reasons why you should not hire an attorney. Reason #1 - The lawyers fees may be too high for the offense you are being charged with. Reason #2 - You can easily do what a traffic attorney would do in court. The only time you should hire an attorney is if jail time or the loss of your license is at stake. You will find the services of an attorney almost mandatory in these instances. Otherwise, go it alone and save yourself some money. I guess youve already decided on that or you wouldnt be reading this right now.
If you feel the judge will be biased when rendering his final verdict, you have the right to motion for a jury trial (in criminal cases only). Although this may seem like a good idea, dont do it. Prosecutors always come prepared for a jury trial. Jury trials also cost the court time and money. If you want to make the judge mad and order a jury trial, go right ahead. But be forewarned, jury trials are harder to win. I should also note that this option is not available in all states. States which have decriminalized speeding offenses no longer offer you the right to a jury trial. Your case is considered a civil offense where there
are no juries.
Right to Discovery
Before your court date, you can motion for the prosecution to submit forth all the evidence they plan to convict you with. This is called discovery and may sound like a good idea at first, but it is one of the most damaging things you can do. I highly recommend you steer clear of doing this. (However there are certain times where you have to -- i.e. to find out the method used to clock your speed if it is not written on the ticket.) If you ask to see the prosecutions evidence, the prosecutor will know you are planning a good defense and he will better prepare his case against you. Never hint to the prosecution you are familiar with the legal system. Never contact or ask the prosecution for anything before the trial starts. The objective of Beat the System is to catch them by surprise. I will speak a bit more on discovery a little later in this book.
Good Impression
Since you will be in a court of law, it only makes sense to arrive clean and well presentable in appearance. You don't have to necessarily wear a suit and tie, but first impressions are vital to winning your case. In a situation where things can go either way, the judge may rely heavily on your appearance and manner to render his decision. Always arrive on time and prepared. If your case is called and you are not present, you will be found guilty of the charge against you or worse yet, have a bench warrant out for your arrest. Always address the judge as Your Honor or Judge. Never engage in loud or disruptive behavior. You are only damaging your case and increasing the chance of getting hit with contempt of court which may carry jail time. Never interrupt the judge or prosecutor while they are talking. Always stand when the judge is entering or leaving the room. Take off your hat and sunglasses inside the courtroom. Avoid wearing bright colors to court. Take off your coat, if it is big and bulky. You will look more presentable with the clothes you have on underneath. Avoid wearing excessive jewelry. If you have long hair, wrap it up in a pony tail. Men should remove all earrings prior to going to court. Also, both men and women should remove lip, nose, and eye rings. All judges will be critiquing you on your physical appearance. Turn off all cell phones and pagers during the trial. It's very rude and disruptive to have your phone ring while court is in session. Avoid bringing young children who can cry and be distracting during the trial.
The Players
The traffic court system is very similar to any other judicial system in the country. There are certain people you should familiarize yourself with before stepping foot into the courtroom. They are as follows:
The Judge
The judge is the highest authority in the courtroom. In some instances a judge may appoint a magistrate to preside over the trial. A magistrate isnt a judge, so to speak, but functions like one in the courtroom. No matter whom it is, his job remains the same. He is in court as a neutral party. He will hear both sides speak and after everyone is finished with their case, will render a decision based on the evidence that was presented. He is the one you will be making your motions and objections to. His main role is to act as a referee between the prosecution and the defense (you). Although by law, the judge must have a neutral position in the courtroom, you will soon find out that his main goal is to find you guilty. Of course he will never admit it, but the judge does not like his time or the courts resources wasted on a lousy speeding ticket. In his mind, you are guilty and should have just pleaded that way in the beginning. For all purposes of this book, your main objective in the courtroom is to convince and persuade the judge into dismissing your case. Unless you are cross examining the states witness (police officer), all your words and actions should be directed towards the judge. The judge is the only one in the courtroom that can find you not guilty. Don't get on his bad side. You could very well have a solid defense, but wind up guilty anyway if you say or do something to make the judge mad.
The Prosecutor
The prosecutor is the states lawyer hired to represent its' case. Often times, the prosecutor is a recent law school graduate who is only in traffic court until they get a higher position and better paying job. With their inexperience, mediocre pay and desire to be somewhere else, you are at a great advantage over the prosecutor. Unlike a high money trial or murder case, the prosecutor NEVER comes fully prepared. Traffic cases involve dozens of trials that must be heard in a relatively short period of time. Due to this fact, the prosecutor doesn't have the time or resources to completely establish his case against each defendant. As a result, important pieces of evidence will fail to make their way into the courtroom. Thats really good news for you! If it weren't for the lack of time and resources on the prosecutions part, Beat the System would be awfully hard to work. Beating your ticket would become a very gruesome task. Fortunately for us, we can allow the system to work in our favor. With the "hurry up and get them out of here attitude the courts have, your case becomes so much easier to win.
Special Note: You should be advised that not all states will hire a prosecutor to represent their case. It is completely legal for a trial to continue without one. But, it really doesnt make a difference either way. Whether a prosecuting attorney is present or not will not change the outcome of the trial. I include some information later in this book on how to handle a case when no prosecutor is present.
The Bailiff
The bailiff is a uniformed officer of the court. He's the judges right hand man. He acts as the courts police officer and judges helper. If you are unruly, he will escort you out or worse arrest you.
The court clerk under general supervision performs a variety of legal procedures relating to the preparation and processing of court cases. The clerk also files court documents and receipts fines, fees and bond
payments. If you should ever have a question about your case before it starts then this is the person to see.
The Defendant
The defendant is the accused. You are the defendant in this case. The defendant has many rights at his disposal for defending himself (as we have just seen). One of those rights is cross examination of the prosecutions witness. It's here where the defendant (you) will win the case!
In and Out
Your time in the courtroom will be swift. Things will be happening very quickly. Traffic court cases cost valuable time and money. When you add the judges fee, the prosecutors fee, the police officers overtime, the courtroom fees, paperwork, secretaries, and case filers -- the costs quickly skyrocket. It is in the courts best interest to speed things up as much as possible. Every minute in that courtroom is costing the city money. The faster they can get people in, the faster they can find them guilty and impose their harsh (and ridiculous) fines. This in and out attitude the courts have adopted does a pretty good job of maximizes their returns -- but it makes the courts vulnerable for a whole lot of critical mistakes. And its these mistakes that make it so easy to beat your speeding ticket. Fortunately for us, we can allow their hastiness to backfire on them. You see, the prosecutor has to try dozens of cases throughout the day. He doesnt have the time or resources to properly prepare his case for each defendant he prosecutes. As a result, important pieces of evidence will fail to make their way into the courtroom. This is how we manipulate the system. With this unique defense strategy you are about to learn, the prosecutor is caught off guard and cant respond. Hell be more than happy to have your case dismissed on the spot for fear of someone else in the courtroom mimicking your exact moves. With so many other defendants in the courtroom the judge will be eager to dismiss your case too if you expose these mistakes. This is yet another advantage you have over your opponent. But never forget this: you must capitalize on your advantage! It doesnt make sense to just know they make mistakes, but its also necessary to know what mistakes they make. And then once you know what these mistakes are you can easily formulate a defense plan around them.
instructions. The judge will give the prosecutor the go-ahead to start his case against you. The prosecutor may begin with a short opening statement. Once he has done that, he will call his star witness (the police officer). The police officer will take the stand where he will be questioned by the prosecutor to try and establish your guilt. This phase of the trial is called the direct examination. The prosecutor will start with the customary routine of asking the officer to state his name and number of years on the force. The prosecutor will then ask the officer what it was he caught you doing and how he caught you doing it. The officer will respond with convincing testimony. One-by-one the prosecutor will be asking the officer specific questions about the stop. Each question is designed to make you look guilty. The police officer already knows what will be asked and always has his answers ready. Back and forth the prosecutor and police officer will be building their case against you. Like a championship team, they will wok very well with each other. It will seem as if the prosecutor has destroyed you with his well thought out questioning of the police officer. But when you know exactly what the prosecutor is going to ask during the direct examination, you can easily put together an unbeatable cross examination. Once the prosecutor thinks hes done a good enough job at proving his case to the court, he will then throw the ball in your court so that you may begin questioning the officer. The judge will then ask you if you would like to cross examine the police officer. You reply Yes Your Honor, and wait for further instructions. Place your note cards you have prepared in advance on the desk or podium in front of you. You are allowed to read directly from your notes, so there is nothing to memorize. You will then commence with your cross examination as outlined in Part 2 of this book. Dont be discouraged, if you do it right it will only take a few minutes!
1. Radar
The most popular method of speed detection is without a doubt, radar. Radar stands for RAdio Detection And Ranging. It works by transmitting radio waves from a gun into the air at a certain frequency. When these waves hit a moving object they will bounce back at a different frequency. Depending on how fast they come back, the difference in frequency is mathematically calculated as the speed. This speed then appears on the small screen of the radar gun. It's important to point out that there are numerous factors that can occur either while the radio wave is being emitted or while it is returning, to give a false reading. Plus, the person operating the radar gun can and will make mistakes. It's good to know this, but you shouldn't concern yourself with it too much. The radar gun must be frequently tested and calibrated for accuracy. This is done with the use of tuning forks (more on this later). There are also two modes of radar guns, stationary and moving radar. As their names suggest, stationary radar guns can only be used when the police car is not moving and moving radar can be used while the car is in motion. As a result of these differences, there are separate defenses needed for each type of radar unit. Of course, I give you both of them. I can go on and on about how radar works and how it fails. There have been entire books written on this subject. For our purposes it's enough to know that radar guns can and do make mistakes. The actual workings of the radar guns are not important and extremely boring.
2. Laser
Laser or lidar as it is also known, differs a bit from the radar. Instead of radio waves, a laser uses pulses of light. Light from the laser gun is beamed on a moving object. A laser makes its calculations using time and distance. Each pulse of light travels a certain distance to hit its target. That distance will get shorter as the object approaches. Depending on how fast that distance gets shorter, a measurement of the speed is calculated. Like the radar gun, a laser gun must also be tested and calibrated for accuracy. Like the radar gun, the laser gun itself can be field tested by the police officer. The test involves securing the laser gun to a fixed position (or tripod) and distance. There are no tuning forks for a laser gun. Laser is not as wide spread in its use as radar is, but it is gaining in popularity. There are only about 30,000 or so laser guns in use today, (as opposed to over 150,000 for radar). That number will continue to remain low because of its high cost, about 3 to 4 times that of radar.
3. Pacing
If you ever get pulled over for speeding by this method, you definitely weren't paying attention to your surroundings. By pacing you, an officer will travel nearby (usually behind you) at the same speed you are for a short distance and then he will look at his speedometer reading. Whatever his speedometer reading is, that's the speed you are traveling at. As you probably guessed by now, yes, the speedometer in the vehicle has to be calibrated too. Either by a facility certified in speedometer calibration or by the officer clocking the vehicles speed with a (calibrated) radar or laser gun. If the reading in the radar/laser gun matches the vehicles speed, then everything is working properly. One thing I would like to mention regarding the calibration of speedometers is that internal and external factors can alter a speedometers reading. Let's say a vehicle has just had its speedometer calibrated. About 2 weeks later it becomes involved in an accident. In a court of law, the speedometer is no longer considered calibrated. Not until a new calibration is performed
4. Photo Radar
Photo speed detection is where an apparatus is set up on the side of the road with a camera and a radar gun coupled together. Whenever the radar gun triggers a vehicle traveling over a certain speed, it instantly sends a message to the camera to take a picture of the entire vehicle. After a whole day of this, all the pictures taken will be collected and by the license plate information, the owner of the vehicle is located and mailed a speeding ticket with a fine. Once again, the radar gun and camera must be calibrated.
5. VASCAR
VASCAR stands for Visual Average Speed Computer And Reading. It's a very simple process. The officer will have two defined markers on the road (usually a quarter of a mile apart). As you pass the first marker, the officer starts a stop watch (or other similar device). As you cross the second marker, the officer will stop the watch. The amount of time it took you to get from the first marker to the second is divided by the length between the markers. This will give the officer your speed. It's a type of visual estimation. Although you may have never heard of it before, it is a very popular form of speed detection in many states.
6. Aerial
This is the biggest waste of taxpayers money the government has ever spent. Basically, a plane in the sky will target fast moving vehicles on the ground and measure their speed. Once a reading is taken, an officer waiting on the ground is notified of the vehicle and pulls it over to issue a ticket. It's only used in a small number of states. The cost of maintaining this type of speed detection is obviously expensive (i.e. airplane, gas, pilot, police officer). For an aerial defense you will use the same one for VASCAR. They both employ the same principles, except for VASCAR the officer is on the ground and for aerial the officer is obviously in the air.
Case Essentials
Calibration
The American Heritage dictionary defines calibration: 1. To check, adjust, or determine by comparison with a standard (the graduations of a quantitative measuring instrument): calibrate a thermometer. Calibration is the means of testing and/or repairing a measuring device to establish accuracy. For our purposes, calibration involves the testing of a speed measuring device, whether it be photo radar, radar/laser gun, or pacing (speedometer). In either case, the measuring device must be properly calibrated in order for it to be considered accurate in a court of law. The best way to check any electronic measuring device is to compare it with another device set at a certain known measurement and see if the two are exact. If they are, everythings working fine. If they are different, it becomes obvious that one of the two measuring devices is faulty.
Accuracy Check
Being that radar guns are electronic and are used to measure something - speed - they must be periodically checked for accuracy. All radar guns come equipped with an internal check button. This allows the officer to give it a quick circuitry test by pushing the button and displaying a preprogrammed speed on the screen. This is only considered an initial quick check, just to show that the inner electronics are functioning properly. There is a better and far more legally accepted way to check or test the radar unit. Every radar unit comes with at least 2 or 3 tuning forks. These tuning forks are set at a certain speed. Each one is a little higher than the previous, i.e. 30 mph, 50 mph, and 70 mph.
The radar will give out measurements for each fork. If each measurement corresponds with the fork being used, it's a safe bet that the gun is functioning properly. Another way to check the gun for accuracy is to clock another vehicle (usually a police car) traveling at a pre-determined speed. If both the vehicles speedometer and the radar reading are equal, then it's safe to assume the gun is working properly, but ONLY if the speedometer in the vehicle was calibrated also.
Tuning Forks
As mentioned, the radar gun must be tested with tuning forks. Every radar gun issued in this country comes with two or three tuning forks. Each tuning fork is stamped with a serial number. These tuning forks are specific to the radar gun they come with. The officer MUST use the same tuning forks issued with the unit. He can not use a tuning fork from an outside radar gun! Much like tuning forks you might remember in music class, radar tuning forks work exactly the same way. By hitting the tuning forks against a non-metal object (usually the soles of the officers shoes) each individual fork will give off a certain wave frequency. Each tuning fork is preset with a specific wave frequency and when it is hit it will give off that exact frequency. When the radar gun is used to calculate this frequency (by pointing it at the tuning fork), it must match (within 1 mph) to the tuning fork. If the tuning fork is set at 30 mph for example, the radar gun must indicate a speed of either 29, 30, or 31 mph. Anything outside this range is unacceptable.
Every radar gun comes with a manual. Regardless of who manufactured the radar gun, every manual states the same thing regarding the accuracy of the radar gun. They all say that a radar gun can only be established as being accurate if it was tested BEFORE and immediately AFTER it was used. You will want to use this during your defense. Also note that police officers do not calibrate radar or laser guns. What they do is test them for accuracy. Theres a difference between the two.
The actual calibration is done by a certified professional. This can involve a number of procedures such as taking apart the radar unit or using special equipment and computers to calibrate the unit, which is outside the scope of typical police work. Many books on the subject of beating speeding tickets dont differentiate between the two (testing and calibrating) but I do and you should too.
If the tuning fork is damaged (cracked, scratched, or chipped) or is exposed to excessive heat (as is commonly the case when placed in the trunk of the police car), it will give off a different tone than what was originally pre-set. If this happens, any testing that is performed by the officer will create faulty readings. Not only must the measuring device be tested, it must be tested within a reasonable time of the offense. Depending on the device used, this time differs. With regards to a radar gun, reasonable time is no longer than the actual day of the offense. The officer must test the gun on the same day you were clocked. Also, as a double check, the unit MUST BE checked again immediately after the ticket is written. Many officers fail to perform the check after the ticket is written. Very Important: Not only must the radar gun itself be tested for accuracy, but the tuning forks used to test the radar gun must be calibrated within a reasonable amount of time. This time is usually no more than 6 months (or 1 year in some locations) from the time the offense occurred. If the tuning forks were dropped or damaged in any way, regardless of when the last time they were calibrated, they must be recalibrated. The calibration of the tuning forks should be done by a certified facility and not the police officer. If the officer tested his radar or laser gun by clocking another vehicle, the speedometer in the vehicle must also have been calibrated. In almost every state, 6 months to 1 year is the maximum length of time regarding speedometers. The calibration must also be done by a certified facility. Not any garage will do. If the vehicle has been in an accident or has had new tires or any other
alterations done to it, the speedometers calibration is no longer considered valid until a new calibration has been performed. Testing and calibration is a very important aspect to winning your case. If you can show the device used to measure your speed was not tested or calibrated (or at least not in accordance with a certain time frame), you should have no problems convincing the judge to dismiss your case.
Log Books
Radar Log
When a radar gun is repaired and/or calibrated by an authorized facility this must be documented in what is called a radar log. The time and date of the repair, when and by whom it was last calibrated and any malfunctions associated with the radar gun (past and present) are all documented.
Activity Log
The activity log (they may use a different name such as an arrest log) shows the date and time of your arrest (being pulled over), and any testing performed on the radar gun (on the day of your arrest). Also, the officer who checked out the radar gun that day will be documented. Most officers fail to bring the activity log to court with them. When you ask the officer for it and he doesnt have it, he is left without evidence to prove he tested the radar gun both prior and after issuing the speeding ticket. Without this crucial piece of evidence, you have established enough legal doubt as to whether the officer performed these tests and as a result, your case should be dismissed.
Maintenance Log
The maintenance log shows the vehicle history of the police car. This log comes in handy when the speedometer of the police car is questioned. It will show if the vehicle was involved in an accident, any repairs done to the vehicle and speedometer calibrations (if any). You can bet the officer does not have this particular log with him in court.
Direct Examination
The first phase of questioning takes the form of direct examination. Here, the witness (police officer) will give his testimony as to the specifics of the case. This is where the witness will try to establish some credibility in his allegations against the defendant (you).
Cross Examination
Once the witness is done giving his testimony the opposing side has the opportunity to cross examine the witness. During this cross examination, the opposing side will be doing it's best to discredit everything (or the more important points) the witness has just said. The opposing side can only ask questions or make statements that pertain to the witnesss testimony. Important points: Only ask questions. Avoid comments or direct accusations. Now is not the time. You only want to be asking questions and damaging the witnesss testimony. Once the prosecutor has finished with its direct examination of his witness, he may then rest his case. Once he has rested his case, he can not submit new evidence that his witness did not originally testify to. One can only cross examine a witness as to the testimony he/she has given. Asking questions not regarding the case or his/her testimony will be stricken from the record. You have the right to choose not to testify on the stand. If you take the stand to testify on your own behalf, you can bet the prosecutor will be more than willing to cross examine you.
Please Read This: Just because the courts have taken judicial notice that speedometers and radar guns are accurate means of speed detection without expert testimony, DOES NOT mean they can deny your request to see actual proof of calibration. By asking to see actual proof, you are merely trying to get the officer to provide evidence that he did conform to the required steps above in order for the courts to take judicial notice! If and when he fails to provide this proof, then the courts can no longer accept the notion the device was accurate.
If the calibration of the equipment is not pursued by you, the courts will not accept the radar gun or speedometer as being faulty. It's up to you to create
uncertainty as to their level of accuracy. Thats why using any other defense except Beat the System won't work. Claiming the gun clocked a different vehicle or that the gun was not working correctly or that the officer made a mistake only allows the judge to take judicial notice on the matter. Unless you can prove the radar gun clocked a different vehicle or that it was inoperable at the time of use, will this work. Otherwise, it will be assumed the gun was working properly.
Word of Warning: If you admit to any speed other than the charge against you, the judge can change the charge to what you said you were doing. If you say that you were only going 65 mph instead of 75 mph - the judge will change the charge from 75 to 65 mph and find you guilty!
Discovery
Discovery is a legal process that allows you to see the prosecutions evidence before your trial. Never ask for the prosecutions evidence before the trial. This sends red flags to the prosecutor that you are planning a good defense and he will come prepared. Remember, Beat the System is based on the fact the prosecution will come unprepared to court. If he comes prepared, it's only because you tipped him off. Motioning the court for evidence spells big trouble for you. Almost every book out there will tell you to request documents and evidence from the prosecution before trial. Don't do it! It will do more harm than good. You want to be as inconspicuous as possible and attack when they least expect it. Never contact the court or prosecution before trial.
Bring Witnesses
Never gather witnesses to testify in your defense. You never know what they may end up saying, even if you practiced in advance. The prosecution is keen at damaging a persons testimony, truthful or not. Plus, theyre your witnesses and are expected to be on your side. The judge will give their testimony very little weight. Beat the System doesn't call for any witnesses to be subpoenaed or brought to court.
dismissed. However, if an officer fails to show up for a court date that was assigned because you asked for a continuance, then you most likely will not win your case. The courts feel that it's only fair to allow for another continuance on behalf of the officer, since you we're allowed a continuance too. The judge will set another date right then and there and tell you to show up for the new court date. You could very well object to him allowing for another continuance arguing that you have missed work and arrived on time and prepared. It's not your fault the officer didn't show. But, it's been my experience the judge will allow for another continuance despite your objection. People who believe that beating speeding tickets primarily consists of crossing their fingers and hoping the officer doesn't show up for court, will never win their case. Police officers get paid overtime for their appearance in the courtroom. If they can show, they WILL! It's easy money.
Note: If the judge allows for another continuance despite your objections, ask him to make it a 'firm' date. This means if the officer or prosecutor fail to show up at the next trial, a dismissal will be rendered in your favor.
I highly recommend you steer clear of this method of defense. It usually doesn't work. Some books even go so far as to have you ask for several continuances and delay the original court date by several months. This will never happen. No court is going to allow you to simply request continuances at your convenience. They will usually issue only one continuance with a valid reason. Only ask for a continuance if you truly can't show up for a court date. Otherwise get it over with as soon as possible. Besides, you want the officer to be there. Part of the thrill is seeing the look on his face when you beat this ticket.
Officers Training
Never go into a courtroom with the intent to challenge the officers training of the radar gun. This type of defense is always attacked by the judge. He will accept the officers testimony as to his training and will tell you to ask your next question. This is another instance where judicial notice takes precedence over the matter. The officer will not have to prove his training qualifications in the courtroom. Not unless you know for sure or you can prove it - should you a challenge the officers qualifications. Otherwise, it won't get you anywhere. Trust me. Remember that police are officers of the court. This means that a police officer on the stand could be lying out his teeth, but it won't matter because everything he says will be accepted as the truth. He is an officer of the court who has been sworn to uphold the law. And officers of the law dont lie (according to the courts). Keep this in mind the next time you challenge an officers training. Unless you are certain what the officer is saying is a lie and can back it up - never accuse the officer of giving a false testimony while on the stand. The judge will always take his side.
guilty of the violation you are accused of. Never proclaim your innocence to the judge. He's heard and seen it all before. The burden is on the prosecution to prove your guilt. Keep it that way and don't make it easier for them by trying to prove your own innocence. You will lose. GUARANTEED!
Word of Warning: If the prosecutor invites you to take the stand, reject the offer. Youre under no obligation whatsoever to do so. He wants you take the stand because he knows once hes done with you, the case is over.
Plea Bargaining
Plea bargaining is the courts version of lets make a deal. If you know how to use it wisely, you can benefit from it tremendously. Instead of going to court to challenge your speeding ticket, you can negotiate a deal and avoid the harsh consequences involved with a guilty conviction. Bear in mind that by plea bargaining you will be relinquishing your right to challenge the speeding ticket in court. But thats the whole purpose of doing it in the first place. Lets see how to go about doing this and some of the plea bargains available to you.
Dismissing a Charge - This type is helpful when you have multiple charges against you. For instance, if you have been charged with reckless driving, speeding, no seatbelt and failure to show proof of insurance, you might be able to have one or more of them dismissed (thrown out). In this example, more than likely what will happen is the reckless driving and seatbelt charge will be dismissed in return for you pleading guilty to speeding and failure to show proof of insurance.
Merging - With this deal you can have two violations merged into one single charge. This way instead of having to face two entirely separate
This most commonly occurs with careless driving and speeding. The prosecutor will merge the careless driving violation with the speeding violation and you will have to plead guilty to speeding only. Usually this only becomes an option when you have two similar offenses. Also bear in mind that the lesser offense merges into the larger offense and not vice versa. Note: Careless driving is not the same as reckless driving.
Reduce - With this type of plea bargaining, you can have a charge reduced in its level of seriousness. Many times you can get the prosecutor to reduce a moving violation down to a non-moving violation. For instance, a speeding charge might be reduced to a non-moving violation such as a failure to wear your seatbelt. This way, the violation wont show up on your driving record.
Juveniles are normally eligible for one plea bargain without going to court. However, since a parent must sign the plea bargain, the juvenile and a parent must appear on their scheduled court date at the clerk's window. As mentioned, sometimes the prosecution will mail you a plea bargain offer in the mail before your trial date. Read it carefully and see what type of offer they have made. If it is to your satisfaction, accept it and mail it back to them. I only suggest plea bargaining if you feel you have no way to beat your case. If you can get a lessened fine or some of the charges reduced, plea bargaining might be a wise choice (when there is no other alternative). The best plea bargain involves NO points being added to your driving record. If the prosecutor offers you this plea bargain, then by all means take it! This is the whole reason why you are fighting your ticket to begin with. By avoiding points on your driving record you can save hundreds of dollars in raised insurance premiums. Please be very cautious though, if the prosecution initiates the plea bargain by approaching you first. Hes doing so in the courts best interest. Since court cases cost money, the prosecutor will try to strike as many deals as possible to prevent people from contesting their tickets. Even if they reduce fines, they still end up ahead because: 1. You are relinquishing your right to contest the ticket (plead guilty). 2. You are still paying a fine and possibly points will be added to your driving record which will also increase your monthly premium. Examine all your available options first and really think about the deal the prosecutor is offering. If it is only for reduced fines generally I wouldnt accept it. Only accept a plea bargain if there will be no points assessed to your record. Otherwise, take your chances the officer wont show.
Points to remember:
1. Ask the officer to have your trial moved immediately before getting the ticket. Waiting to do so right before the trial will be fruitless. Your request may be denied.
2. If the officer refuses or doesn't know what the hell you're talking about (some won't), ask him to write that your request was denied somewhere on the ticket. If you call the court later, you can use that as proof that you did ask the officer when you try to motion to have your trial relocated. 3. If youre reading this and already have a speeding ticket, then call the court house right NOW and have your trial moved to the county seat. Its best to do this within 7 to 10 days after receiving your ticket. The longer you wait, the harder it becomes. 4. Every state has their own rule for if and how to change the location of the trial. You may be required to fill out some type of form in order for the change to take place. Also, there may be a fee attached with doing so, usually less than $50, but it is a small price to pay to increase the chances the officer wont show up. Basically, in order for the courts to grant your request you will have to show the location of the court trial is at a great inconvenience to you. Tell them the county seat is much closer to you. Think of a good excuse to use like you will be visiting a loved one in a hospital that happens to be near the county seat. Tell them that you live or work closer to the county seat. Anything that sounds reasonable will more than likely be accepted. Or, just tell them you feel you wont get a fair trial and therefore wish to have the trial moved outside of the officers jurisdiction.
Note: Changing county seats is not allowed if you get a ticket in another county. It has to be within the same county. Most states allow for a change of venue to the county seat, but some dont.
Just remember to come to court prepared with a solid defense - just in case. Prepare the night before and have your defense strategy all planned out. You dont want to go to court defenseless. What if the officer does shows up? By the way, heres a good way to have your case quickly dismissed. This one does somewhat rely on luck, but I have heard of it working on a number of occasions.
First, try to be the first one in the courtroom. Arrive at least 30 minutes before the scheduled time. As I mentioned earlier, sometimes by being the first one in you will be the first case to be called. If that happens, theres a good possibility the officer wont be there. When youre one of the first cases to be called and the officer is not present, I would quickly motion to the judge to have your case dismissed. If you dont, the judge may have you waiting there until the last case is called so the officer can have additional time to show up. Also, the prosecutor may tell the judge the officer hasnt arrived but is on his way. He may try and bump your case up a little later in the day until the officer has arrived. Definitely object by telling the judge your case has been called NOW and the prosecutions witness is not here and you should not be held accountable for his lateness. You are ON TIME and prepared unlike the prosecution. Its possible the officer may be running a little late and has contacted the courts and advised them to stall any defendants he is supposed to testify against. The judge will then call all the other cases and postpone the late officers cases until the very end. If you dont speak up, you stand the chance of waiting in court for hours or at least until the other cases have finished. But, if you motion for a dismissal, then more than likely the judge will grant it.
Very Important: If you were pulled over and there were two officers present during the stop, then BOTH officers must be in court to testify. If one is not, then motion for a dismissal. If it is not granted, ask to cross examine the second officer who was present during the stop. When they say he is not in court, then motion for a second dismissal. I guarantee you will get it this time. By law you have a right to face your accuser in court. If he is not present, then your legal rights are being violated and a dismissal must be granted.
Standards of Proof
The standard of proof in a courtroom is the amount of evidence required to find a defendant guilty. The higher the standard of proof, the more evidence needed to convict the person. In traffic court, it all depends on which state you received your speeding ticket as to how much evidence the plaintiff (or prosecution in a criminal trial) must submit. Some states require a high level of proof whereas other states (those which have decriminalized speeding tickets and consider it a civil matter) require basically no proof at all to convict a person. Three Standards of Proof: 1) Beyond a Reasonable Doubt 2) Clear and Convincing Evidence 3) Preponderance of the Evidence We wont concern ourselves with number 2 (clear and convincing evidence) because more than likely you wont have to deal with this one in court. The next few pages will deal with the other two standards of proof you are more likely to encounter. It is essential you at least have a general idea of how certain states regard the evidence to be presented in a court of law. You may be going to court with a solid defense, only to get there and find out that your particular courts standard of proof is very low. Most books on the subject of beating speeding tickets are worthless to those who are in a state which has decriminalized speeding tickets and regard them as a civil matter. The reason is simple: there is no beyond a reasonable doubt in states that have decriminalized speeding tickets. In these states, all the officer really has to do is testify that you were speeding and he clocked you with a reliable method of speed enforcement. Unfortunately, your rights may be denied to challenge any of the evidence (or the officers testimony) in these states. But never fear, Ive thought of everything and have also included a separate defense for you to use if you happen to be in a state which uses the lowest standard of proof.
right to request more evidence of your guilt and contest any evidence being presented. On the other hand, for the rest of the states which have lowered the standard of proof to a preponderance of the evidence, you sometimes have to follow a different defense as explained below.
Vermont Washington Wisconsin States who do the civil complaint route are doing it to win most ticket cases. This means they are less interested in being fair and more interested in getting your money. Not a very good scenario of justice, but you must still do your best. The reason a state decriminalizes speeding tickets is to strip you of your constitutional rights to things such as a jury trial and to relieve themselves of the higher burden of poof (beyond a reasonable doubt). It is unfortunate, but thats the way our judicial system gets to weasel their way out of a tight spot. Do not let this deter you from fighting your ticket. Remember, the legal system has given you many rights to defend yourself in a court of law. If the standard of proof is by preponderance of the evidence, then all you have to do is weigh things in your favor. Think about it, what is their evidence against you? It is the radar/laser gun. But, how can this evidence weigh more towards the officer if it were inaccurate? By law, a defendant has the right to contest the radar/laser calibration evidence. I dont care if the standard of proof is beyond a reasonable doubt, clear and convincing evidence, or by preponderance of the evidence, you still have a legal right to defend yourself. Now granted, if you question the radar guns accuracy, you may receive some resistance from the judge or even the police officer for that matter. They may say something to the effect that this is a civil trial and the officers testimony will suffice. This seems to me to violate the fundamental principles of fairness and potentially violates the constitutional presumption of innocence. But that is why you bring in your case law. These were handed down by the highest courts (usually State Supreme Courts) which dictate to the lower courts that such evidence is essential in establishing a defendants guilt. But, the judge ultimately has the last word and if he says he will accept the officers testimony as evidence, then there is not much you can do there. My first version of Beat the System only contained defense strategies that were more geared towards those states which label speeding tickets as a criminal offense and as such the burden of proof is beyond a reasonable doubt.
I knew I had to think of something fast, so I began consulting with a few of my close friends and found out something very interesting. In states which have lowered the standard of proof, there is a very powerful defense strategy one can implement that falls within the realms of preponderance of the evidence. The wonderful thing about this new defense is that anyone (regardless of what state they are in) can use this strategy to beat their speeding ticket. I wont go into too much detail about this defense right now. I have included it in the second part of this book. I call it the MUTCD Defense. Its based on a little known federal law that is applicable in all 50 states. For now, it is enough to know that you can very well implement the strategies you read in this book, but those of you in the states just mentioned which use preponderance of the evidence as the standard of proof now have a totally separate defense at your disposal. To make things simple, the remainder of this book will be focused towards the highest standard of proof (beyond a reasonable doubt). If you are not in any of these states, you can still implement any one of my defense strategies, but bear in mind that your backup will be the MUTCD Defense. You can use it as your main defense or as a backup. Either way, youll have enough to get the judge to find you not guilty.
Courts have taken judicial notice on radar guns and speedometers. They accept them as accurate speed measurement devices, without proof. However, if you ask for proof - they have to show it! By asking for more proof, you destroy the judges notion the radar gun was accurate. Now, since you requested hard physical proof of what the officer is testifying to, the judge CAN NOT say he accepts the fact the speed mechanism was calibrated properly. You have to take that first step and ask for actual concrete evidence! As you should know by now, the evidence against you is only as good as the prosecution makes it out to be. The evidence is what will make or break you. The prosecution must prove, beyond a reasonable doubt, that you are guilty. Remember these two words, "reasonable doubt", because your whole defense strategy will be based on this. Establishing reasonable doubt is your main defense against speeding tickets. No other defense you can concoct will have the certainty this one has. You can cry, beg, and plead all day long, but nothing will have the judge dismiss your case like this strategy will. As long as you can show the evidence the prosecution has submitted (or testified to) may be faulty, you will win your case. Not that it was faulty, but that it may have been. Even a hint of reasonable doubt is enough to have your case dismissed. And this also applies to those of you in states where the burden of proof is by preponderance of the evidence. You still can create reasonable doubt if you do it the right way. Proving to the judge the evidence against you is not acceptable, may seem difficult to do. It is when you don't know where to start, but that's why you're reading this book. You are about to find out exactly how to discredit any and all the evidence against you - to have your case dismissed.
Reasonable Doubt
Our whole judicial system requires substantial evidence to a crime, before a suspect can be found guilty. In court, the evidence to the crime you have committed must be presented. Radar guns must be tested and calibrated to be considered accurate in the eyes of the law. Its written down in black and white. When the testing and calibration of the radar gun is questioned, the prosecution is put on the defensive and is obligated to provide whatever you request. If they dont have what you request, you will quickly ask for a dismissal based on the fact that proper evidence as to the testing and calibration has not been established and the prosecution has not proven, beyond a reasonable doubt that you were caught committing the crime with a calibrated form of speed capture. Before I begin to show you how to attack the prosecutions evidence, it is essential to know what will establish reasonable doubt. Basically, the police officer will testify that the speed detection method used to calculate your speed was functioning properly and accurately at the time the violation occurred. To establish reasonable doubt, you will contest the officers claim that the evidence was in fact working properly and accurately. If the prosecutions evidence is not contested by you, it will be accepted as valid and you will be found guilty. Not until you practice your right to cross examine the witness will you have a fighting chance to win. Creating reasonable doubt is very easy. What you will want to do is ask the witness (the police officer) to provide proof, acceptable to the court, that the device he/she used to measure your speed was tested, calibrated and working properly. If the officer or prosecutor fails to bring forth evidence that you request, it will be assumed that unless this evidence is provided, there will be doubt as to whether the device was actually working properly. And you know what happens next Case Dismissed! Yes, it's as simple as that. As you can see, you don't prove the device was
not working properly, just that it could have been. Reasonable doubt has clearly been established because the prosecution can not prove the device was working properly (they dont have the evidence youre asking for). Believe me when I say that 75% of the time the prosecution will not have what you ask for!
Very Important: I would suggest if you are in a state that uses the preponderance of the evidence standard of proof to NEVER mention the words beyond a reasonable doubt in court. Instead, when the officer tells you he does not have the evidence you request, motion for a dismissal by saying the officer has not proven to a legal degree of certainty his radar/laser gun was calibrated. DO NOT say he has not proven beyond a reasonable doubt because then the judge will say that is not applicable in his courtroom.
Case Law
When a particular court decision gets appealed it sometimes makes its way to the highest court - usually a State Supreme Court. When that court overturns the original decision made by the lower court, it then becomes case law. Its not actually a law, but rather a decision a higher court has ruled upon and lower courts must agree and abide by it. It gets published in writing and is used as a guide for the lower courts to follow. They MUST accept and follow the higher courts rulings. For example: Lets say there are case laws (which by the way there are) that mandates further evidence other than the officers testimony be presented in court if the defense (you) request it. Lets also say that after you have requested further proof from the officer, the judge denied your request by stating it is not important and the officers testimony will suffice. Now all you do is remind the judge of the case laws you have brought with you. You will go on to say that higher courts have already ruled that further proof must be brought forth if requested. This will quickly shut him up and he will have no choice but to allow you to continue. Thats just how powerful case law can be in court. For our purposes the case law we are interested in have to deal with the calibration of a speed measuring device. In each case the higher courts have ruled it is essential, if brought up by the defense, the accuracy of the device used whether it be radar, laser, photo radar or speedometer must be proven to be functioning properly. This means bringing concrete evidence to court with them. The case law you bring with you to court (if you have any to bring) dictate this very clearly in black and white and the lower courts must concur (agree).
When you bring case law to court with you, it should be from the state you are going to court in. However, being that not each state has case law pertaining to the calibration of a speed measuring device - your court should (but not always) accept an out of state case law because the ruling was from a higher court. Its best to have an out of state case law from a state bordering your state. Just remember it may not be accepted though. When you step into that courtroom, you will want to have three copies of a particular case law to hand in. One will be for the judge presiding over the case, the second to the prosecutor and the last one is your copy. Its important they both get one. You want to hand them in as soon as your case is called. You say this Your Honor, may I approach the bench? When he says yes give the judge his copy and then the prosecutor his and say Your Honor, these are copies of case laws brought down by some of the highest levels of court in (name your state) on the permissibility of evidence. I wish to submit them for your consideration. Or, if your state doesnt have any case law, bring in an out of state case law(s) and say the following Your Honor, the state of (your state) at the present time doesnt have any case law pertaining to the issue at hand. I ask that you accept these case laws from sister states since they were handed down by some of the highest levels of court in these states. Once they have the case law in their hands, it is a very powerful tool that will give your defense tremendous control. If the judge or prosecutor says something to the effect the evidence you are requesting is not important or judicial notice has taken precedence, you will always refer back to the case law brought with you. It acts as a reminder and a good slap in the face to the judge and prosecutor of whos really boss the higher courts. No lowly traffic court judge will go against a ruling made by a much higher court especially a State Supreme Court, but if they do, you can be sure that an appeal is highly likely.
Case law will be an important aspect to winning your case, but not a crucial one. If you dont bring any case law with you or if the courts reject yours because it is from another state, it is not damaging to your case. It only acts as a reminder for the judge and prosecutor. Most of the time the judge and prosecutor will not read the case law that you give them. Theyll quickly glance over it and give you a dirty look because now they know they are limited in what they can say or do. The case law should be brought in its entirety. The following lists of case law are the ones you will choose from, but they are NOT all of the case laws available to you. These are some of the more notable ones. What I suggest you do is take a look at the Case Laws I have listed here and read through the ones that are from your state (if available). In my opinion they are very easy to understand and will give you a better idea of which ones pertain to your case and which ones to bring to court with you. Pick whichever one you think to be applicable. You can pick more than one, but only pick the relevant ones. Important case law to choose from: ALASKA (Photo radar) MUNICIPALITY OF ANCHORAGE v. Clyde BAXLEY This says that if a photo radar device is used as a means of speed measurement, an eye witness to the violation must give testimony. CALIFORNIA The PEOPLE v. Robert Anthony DiFIORE This one states that in cases in which a defendant is charged with violating the basic speed law, based on evidence that the defendant exceeded a prima facie or posted speed, and evidence of that speed is obtained through radar, the People are required to produce a current engineering and traffic survey, even without the defendant's request.
COLORADO (Tuning fork calibration) The PEOPLE of the State of Colorado, v. Raymond L. WALKER This one states that although an officer may perform the tuning fork test both before and after issuing a citation to the defendant, the officer must have knowledge and supply proof as to the accuracy of the tuning forks. CONNECTICUT (Speedometer calibration) STATE of Connecticut v. George W. LANE. This one states that the speedometer of the vehicle used to calibrate a speed measuring device must be calibrated and the testimony of this evidence must be given by the person driving the vehicle. CONNECTICUT continued (Reasonable speed) Only use for states with presumed speed limit laws. STATE of Connecticut v. Norman SIVIN. This one states that if a person exceeds the posted speed limit at a reasonable and safe speed it is not a violation of the speed law. CONNECTICUT continued (Tuning fork calibration) STATE of Connecticut v. Michael R. TOMANELLI. This one states that the tuning forks themselves must be shown to be accurate if they are to be accepted as a valid test of the accuracy of the radar instrument.
GEORGIA (Radar Calibration) State of Georgia v. Gamble This one states that the court must show proof that the radar gun had undergone the mandatory yearly calibrations if brought up by the defendant. ILLINOIS (Laser) People v. Canulli This appeal ruled that a laser device does not have judicial notice and as such the prosecution must hold a Frye evidentiary hearing (expert testimony) in order to prove its accuracy. ILLINOIS (Radar + Speed limit) People v. John Russell This one states that a police officer can not conduct electronic speed enforcement within 500 feet of a speed limit that is the first speed limit lower than the previous. For instance, if the speed limit on a highway is 65mph and all of a sudden the speed changes to 55mph, no police officer can conduct speed enforcement within 500 feet of the first 55mph speed limit. This is to give the driver ample time to slow down. ILLINOIS (Radar + Judicial Notice) People v. William F Scmidt This one states that during a jury trial the judge must take precautions in handling the case so not to prejudice the defendant. The trial judge in this case told the jury that he will take judicial notice that radar is an accurate means of speed detection and in doing so the appellate court ruled that this gave the jury the notion that the radar device could not be challenged.
KENTUCKY (Radar calibration) Erna Elijah HONEYCUTT v. COMMONWEALTH of Kentucky This one states that the radars accuracy must be proven, if brought up by the defendant. MINNESOTA (Radar calibration) STATE of Minnesota v. David Arnold GERDES This one states 1. Courts may take judicial notice of the underlying principles and reliability of properly tested and operated radar devices for determining the speed of motor vehicles without requiring expert testimony concerning the theory and mechanics of a particular unit. 2. Where the only means of testing the accuracy of a radar device is an internal mechanism which is an integral part of the unit, and there is no evidence other than the radar reading that a motorist was driving at a speed in excess of the limit, his conviction cannot be sustained. MISSOURI (Radar calibration) CITY OF JACKSON v. Robert LANGFORD This one states that a radar unit must be tested both prior and after an arrest is made and proof of this time must be given, if asked for by the defendant. MISSOURI (Tuning fork calibration and speedometer calibration) CITY OF ST. LOUIS v. Forrest BOECKER This one states that it is the obligation of the officer who uses the radar speed meter to establish prima facie that the machine was accurate and
functioning properly at the time the accused's speed was checked. It also gives reference that speedometers must also be calibrated. LASER (Most states) In the MATTER of the ADMISSIBILITY OF MOTOR VEHICLE SPEED READINGS PRODUCED BY the LTI MARKSMAN 20-20 LASER SPEED DETECTION SYSTEM This one establishes the mistakes that can happen with laser, as a result expert testimony must be given. NEW JERSEY (Speed limit) State of New Jersey v. Russell E. Tropea This one states that a police officer must give the speed limit where the person was pulled over during direct testimony. NEW YORK (Radar calibration) The PEOPLE of the State of New York, v. Irving PERLMAN This one states in fairness to the defendant, where he has been charged with speeding by means of radar detection, which is accepted by many as being tantamount to conclusive proof of guilt, there should be a showing of testing of the instrument before and after each setup, including at least one test by an outside source to insure that 'simple comparative analyses' can be made, and there should be proof of expert technical testing of the machine periodically, within a reasonable proximity of the date of violation. To accept less, and to rely solely upon the internal calibration by the machine itself, without the testimony of an expert witness, is to render an injustice to the accused. OHIO (Radar calibration) The STATE of Ohio v. BONAR This one states that in a prosecution involving speed, where the sole
evidence is a reading secured by the use of a radar type speed meter, it is the obligation of the prosecution to establish prima facie that the radar type speed meter was accurate and functioning properly at the time the accused's speed was checked and a failure of such proof shall cause an insufficiency of evidence to support conviction. OHIO (Testimony of calibration) The STATE of Ohio v. COLBY This one states where there is no testimony as to the construction and method of operation of a speed measuring device not the subject of judicial notice, the testimony of the user, standing alone, is insufficient to sustain a conviction for speeding. OHIO (Radar calibration) The STATE of Ohio v. FREEMAN. This one states 1. The reliability of radar-speed detection devices may be generally attacked by a properly qualified expert witness, and such testimony is relevant and goes to the proper weight to be given to the radar evidence. 2. Judicial notice of the accuracy or dependability of a K-55 radar device may not be taken when the trial court has never in any case previously before it received expert evidence and determined that the device is dependable and accurate, and such issue has not been passed upon by the appellate court. OREGON (Photo radar) STATE OF OREGON v. SARA CLAY This one states By its terms, proof that a particular person was speeding. Because the state had no direct witness who could testify that defendant was driving the car at the time that the violation was committed, the state had to rely on the rebuttable presumption provided in paragraph that the driver of the car was its registered owner. To be entitled to use that presumption, the state is required to prove the predicate fact that defendant was the registered
owner of the car. PENSYLVANIA (Original documents) COMMONWEALTH of Pennsylvania v. Lewis G. CUMMINGS This one states that the requirement on which an issue exists is that of the identification of the copy. The state allows reproductions to be admitted only "when satisfactorily identified." "Satisfactory identification" need not be actual testimony that the copy is a true and correct copy. The procedures must provide an appropriate link between the original document and the photocopy. Pennsylvania (Testing facility) COMMONWEALTH of Pennsylvania v. Gail DENNY This one states We consider the following question on appeal: whether the trial court erred in admitting into evidence a Certificate of Accuracy of a radar speed timing device, where the Commonwealth failed to introduce competent evidence that the issuer of the Certificate was a testing station approved by the Department of Transportation at the time it allegedly tested the radar device in question? All mechanical, electrical or electronic devices shall be of a type approved by the department, which shall appoint stations for calibrating and testing the devices and may prescribe regulations as to the manner in which calibrations and tests shall be made. A certificate from the station showing that the calibration and test were made within the appropriate time frame. WISCONSIN (Speedometer calibration) WASHINGTON COUNTY v. Allen R. LUEDTKE This one states that the vehicles speedometer must be checked and proof shown of accuracy if requested by the defendant.
WISCONSIN (Proof of calibration) STATE of Wisconsin v. Lawrence I. HANSON This one states that accuracy of speed detection must be proved if requested by the defendant.
PART 2
The Defenses
Fatal Flaws
Before you do anything, take a quick look at your ticket and make sure all of the specifics are correct. What you will be looking for are fatal flaws on your ticket. Things like your name, license plate number, make of car, or even the color of your car should be checked for accuracy. It may be a long shot, but this is your first line of defense. Its been said that one in every 25 tickets has some sort of mistake on it that can render the ticket invalid in court. The only problem is that most people fail to catch on to these errors and end up paying the fine when legally they didnt have to. If you can show the judge the officer wrote down the color of your car as white when in reality it is red, you should be granted a dismissal. If the officer mistakenly wrote down the wrong street (or highway) you were on, that would definitely be grounds for a dismissal. Police officers are human beings (surprise) and do make mistakes. Sometimes a Toyota Camry may be written down as a Ford Taurus on the ticket. It doesnt happen often, but it does happen. A quick check wont hurt. Keep in mind, the mistake must be an important one in order to have the ticket dismissed. A wrong shade of color (light blue instead of dark blue) usually doesnt work. Neither does the officer writing down Tommy for Thomas make a difference. These are petty mistakes the judge will overlook. However if your ticket has any of the following errors, you may be able to have your case dismissed: Wrong name (Jeff instead of Greg) but not (Tony instead of Antonio). Wrong license plate number (176WHQ instead of 093PLO or 123MNH instead of 124MNH).
Wrong vehicle description (sedan instead of a pickup truck). Wrong street or highway. Officer forgets to sign the ticket (except in some cities). Wrong gender (youre a male but the ticket says youre a female).
Its a wise choice to check. You never know yours could be that 25th ticket!
can have your whole case dismissed without cross examining the officer. It works by strategically listening to what the officer is supposed to testify to and then counterattacking if and when he leaves anything out. In a speeding ticket trial, the officer must establish a few things during his testimony. It is extremely important that you listen to what he says. In the event he leaves one single thing out, you will mention this to the judge and ask to have your case dismissed. Lets see how this works In a traffic court of law, the officer is required to testify to the following: 1. The speed limit where the offense took place. 2. Must describe you as the driver of the vehicle which was pulled over. 3. The officer was properly trained and knows how to use the radar/laser gun. 4. The radar/laser gun was used as directed by the manufacturer. 5. The officer tested the device both before and after it was used on you. 6. The officer tested the device to make sure that no outside interference could have altered the reading. (radar only) 7. Your car and only your car was the one clocked by his radar/laser gun. Before I go any further, its important that you create a checklist of the above. Write down each one and as the officer is giving his testimony, put a check by each item he testifies to. If he skips one, place a big circle around it so youll know which one to attack. Okay, the officer will be sworn in and take the stand. Allow the officer to give his testimony from beginning to end. Make no objections and absolutely under no circumstances should you give indication that he missed one of the required testimonies. Just keep quiet and wait till he finishes. Once the officer has finished with his testimony wait until you hear the prosecution say the prosecution rests your honor or something along those
lines. You must wait until the prosecutor rests in order for this to work. By resting his case, this means that neither the prosecutor nor the officer can add anything to the original testimony given.
Very Important: Sometimes the prosecutor wont rest his case after the officers testimony. If he doesnt, then you CAN NOT use this particular defense because all the officer has to do is go back and testify all over again and fill in the stuff he originally left out. You must wait for the prosecutor to rest his case!
Do you see the difference in the two testimonies? In the first one he merely states that you are the defendant. In the second one he follows up by saying your name and pointing your location out in the courtroom. Now hes more specific. If youve ever seen a courtroom drama on TV, then youve probably noticed that whenever a witness gives testimony against a defendant, the lawyer will always ask the witness to say the defendants name and point them out in the courtroom. If he doesnt do this, the lawyer is taking a big risk because the defense lawyer can easily have the witnesss testimony thrown out of court for lack of proper identification. In the event the officer doesnt say your name and point you out in the courtroom, I would give the following motion Your Honor, the prosecution has rested its case. The officer has failed to legally identify me as the driver of the vehicle which was pulled over. Since he hasnt proven it was in fact me who was pulled over I motion for a dismissal. Now, no matter what the officer says youve given the judge a valid reason to dismiss your case.
Note: Courts will have their own discretionary policy in effect as to what constitutes legal identification. If the officer doesnt state your location in the court the judge may let it pass. But, no traffic court system in the country will allow the officer to get away with not stating your name. He must state your name for the record.
The Officer Did Not Testify as to His Training with the Radar/Laser Gun
If the officer gave no indication as to his training with the device being used, I would give the following motion Your Honor, the prosecution has rested its case. At no time during the officers testimony did he mention having had training on the radar/laser gun that he used to clock my speed. The officer can not testify as to the accuracy or workings of a radar/laser gun which he has not testified to having been trained on. I motion for a dismissal since his testimony is inadmissible. A very important point to mention here would be to never attack the officers - 78 Copyright Beat the System All Rights Reserved
training with the radar/laser gun. Only go this route if he fails to testify as to having had training. If he does testify to having had training, move on because he is NOT required to prove he has had training. He only has to testify to it.
The Officer Failed to Testify That He Used the Radar/Laser Gun Per Manufacturers Instructions
By law, in order for the radar/laser gun to be used it must be used according to the manufacturers instructions. As a result, the officer must testify to having done so. If the officer made no mention of using the radar/laser gun as instructed by the manufacturer, I would use this motion Your Honor, the prosecution has rested. At no time during the officers testimony did he testify as to using the radar/laser gun as instructed by the manufacturer. The officer can only use the device as instructed by the manufacturer and if he didnt, then he can not give testimony as to its accuracy. I motion for a dismissal. Youll find that with most officers giving testimony, they will fail to include this very important part. They are assuming that as an officer of the law, everyone knows he did operate the device as instructed. But you could care less about what he assumes. You are in a court of law and he must follow the rules when it comes to giving testimony. And those rules are that he verbally testifies to using the device as instructed by the manufacturer.
The Officer Failed to Mention He Tested the Device Both Before and After it Was Used
Many times the officer will only testify as to having tested the unit. But in court he must be specific and give the exact times when he did these tests. If and when the officer does not testify to the exact time he tested the unit, I would give the following motion Your Honor, the prosecution has rested. At no time during the officers testimony did he mention exactly when he tested the radar/laser unit. Having only testified to testing the radar/laser unit is no indication that he conformed to the law and tested this device in a reasonable amount of time. Since there is no testimony of the device being accurate, I motion for a dismissal. In some cases the officer may testify to only calibrating the unit before or after it was used. If he testifies to calibrating it before using it, motion for a dismissal since he gave no mention of calibrating it after it was used. If he testifies to calibrating it after it was used but makes no mention of calibrating it before use, motion for a dismissal.
Note: The officer need only testify that he checked for outside interference when it comes to radar guns. Laser guns do not have to be checked for outside interference.
The Officer Fails to Testify That Only Your Vehicle Was the One Clocked With His Radar/Laser Gun
Its a known fact that at certain distances, a radar or laser guns beam will widen. Due to this, the officer has to give testimony that only your vehicle produced the reading on his device. If he fails to give testimony to this fact, I would use the following motion Your Honor, the prosecution has rested. At no time during the officers testimony did he testify as to my vehicle being the only one which could have caused the reading on his radar/laser gun. Im sure as this court is aware, a radar/laser guns beam will widen as it travels. Due to this basic fact of physics and since no testimony was given to disclaim this theory, the officer has failed to prove to a legal degree of certainty that his reading was as a direct result of my speed and no one elses. I motion for a dismissal. Important: DO NOT allow the officer or prosecutor to give testimony as to anything they have omitted during the initial testimony. This is why, if youve noticed, throughout the previous motions for dismissal I kept reiterating the fact that the prosecution has rested. This is just to make the judge and prosecutor aware that you know they are not allowed to add anything after they have rested.
The police officer is only human and does make mistakes. Many times, due to the fact he has given testimony hundreds of times in the past, he will inadvertently forget to say or do certain required procedures during his testimony. Not only that, but its very probable the officer has made this same mistake hundreds of times before in the past. The only problem is that no one has ever managed to catch it, because they didnt have the education to expose these mistakes. Its important you allow him to make these errors without the slightest indication from you. Keep quiet and wait for the prosecution to rest its case. In any court of law, everything has to be precise. The same goes for traffic court. If the police officer or prosecutor are not following the rules, then you should have no problem beating your ticket. You just have to listen closely, take notes and when the prosecution rests its' case, turn to the judge and let it rip. As you can see, the process is fairly simple. Keep your ears open and make sure the officer testifies to everything. But never forget that this should NOT be your only defense strategy. This is merely a precursor, to the defenses given in the pages that follow. Always have a plan of attack laid out just in case the officer does happen to give a detailed testimony.
with the radar gun prior to stopping the defendant that could have altered the reading? Has the radar gun undergone any major repairs? OFFICER No, there was absolutely nothing wrong with the unit. It is only several months old. I conducted all required procedures to ensure an accurate reading. I also checked for any outside interferences. PROSECUTOR Prosecution rests its case Your Honor. Now, the prosecution thinks it's got you right where it wants you. The prosecution will sit down and the judge will ask you if you would like to cross examine the witness. Now it is your turn to ask the questions. Make it short and sweet. The fewer questions you ask the better. Get this over with as soon as possible. Attack with your very first question and take him down from there. Stick to the objective and don't get side tracked. You're only here to attack the prosecutions evidence and not prove your innocence.
Special Note: It is assumed you have thoroughly listened to the officers testimony for any required steps he may have omitted. For the sake of simplicity we will also assume the officer testified to everything he was supposed to testify to. If he didnt, refer back to The Testimony Attack.
SCENARIO #1
Officer Testifies to Testing the Radar Gun
DEFENDANT Officer, who conducted the testing on the radar gun? Many times a first shift officer will test the radar gun and hand it over to the second shift which in turn will hand it over to the third shift officers. Other times there are two officers in the squad car and only one of them tested the unit. If the officer on the stand is not the same officer who conducted the test, I would motion for a dismissal if the officer that performed the actual test is not present in court. Remember, only the officer who actually performed the test can testify to doing so. OFFICER Officer Dugan performed the test. DEFENDANT - Is Officer Dugan in the courtroom today? OFFICER No he is not. DEFENDANT Your Honor, the officer has testified he was not the one who performed the accuracy test on the radar gun. He also testified that the officer who performed these tests is currently not in the courtroom today. Unless the officer who performed these tests is in court to testify right now as to performing the tests, I motion for a dismissal. If the officer on the stand is the same one who performed the test on the radar unit continue with the next question DEFENDANT Officer, you claim that you tested the radar gun on the day I was ticketed. Can you provide an arrest log or activity log showing the time and date you performed this test? (It's important that he show you BOTH before and after the arrest). If the officer can not provide an arrest log (or activity log) that documents these tests being performed I would ask for a dismissal. If he does provide a log, check for these things: 1. Original document (Best Evidence Rule). When in doubt, always ask. 2. The arrest log is for the exact radar gun being used (match
serial numbers). 3. Performed the test before and after the ticket was written. 4. The radar gun was checked out that day by the same officer. (Police officers must sign for the radar gun they will be using that day. The arrest log will show who the radar gun was issued to. Match up the names). 5. The arrest log is for the exact date and time you were ticketed. Okay, lets handle each one separately: Let's say the officer does provide an activity log. Make sure it is not a photocopy. Ask when you are in doubt. If it is... DEFENDANT- Your Honor, this activity log the officer has provided is not the original. I ask that an original copy be presented if available as stated in the Best Evidence Rule. If an original is not available please have the prosecution submit evidence that the original activity log is not available and prove this is a genuine copy of the original. If they fail to do so, I object to a photocopy being introduced as evidence. OR Let's say the activity log the prosecution has presented is an original document. Next you will want to match the serial number of the gun being used that day with the one in the activity log. Make sure they match! DEFENDANT- Officer, what is the serial number of the radar gun used to clock my speed? If he says he doesnt know, I would request the activity log be inadmissible as evidence: DEFENDANT- Your Honor, the police officer doesnt know the serial number of the radar gun he used to clock my speed. Since he does not know this crucial piece of information he can not, to a legal degree of certainty, say that this activity log the prosecution has furnished is for the exact radar gun he used. I motion for the court to reject this activity log as evidence.
If the officer does know and the activity log shows a different serial number: OFFICER - The Serial # is 12302. DEFENDANT- Your Honor, the radar gun I was clocked with is serial number 12302. The activity log the prosecution has presented is for radar gun 23450. Since these are not one in the same radar guns, I motion to the court for a dismissal. (Paper work always gets mixed up.) OR Check to see the officer performed the test before and after the arrest. If it shows the officer only performed the test before the arrest, I would ask for a dismissal. DEFENDANT- Your Honor, this activity log only shows a test before the officer ticketed me. There is nothing in here that shows a test being performed after the arrest was made, as every radar manual suggests and as dictated by higher courts. Since this vital test was not done, the radar gun can not be considered accurate in the eyes of the law. I motion for a dismissal. OR While looking at the activity log, make sure the officer testifying is the same one on the log. Before the officer goes to court someone else will usually give him the log to bring with him. Its very possible this other person gave the officer the wrong log book. Actually, from my experience this happens about 30% of the time. If thats the case... DEFENDANT- Your Honor, the prosecution has presented an activity log which has a different officers name on it. Since this is not the same officer who administered the traffic stop and is not here to testify, I motion for a dismissal. (Again, paper work gets mixed up.) OR Compare dates and times on the activity log with the exact date and time you were ticketed. If they don't match up, ask for a dismissal. As you can see, it's pretty straight forward. Just look for certain things that must be present and if they are not or if things don't match up, simply ask for a dismissal.
SCENARIO #2
The Officer Supplies the Activity Log Showing That He Did the Radar Test
After the officer supplies the activity log and you have scrutinized it for any discrepancies and have found none, I would continue with this next defense. DEFENDANT Mr. Officer, when was the last time the radar gun in question was serviced by a certified facility? If he says he doesnt know, I would motion for a dismissal: DEFENDANT Your Honor, the law requires a radar gun must be calibrated regularly by a certified person to establish its accuracy. The officer on the stand doesnt even know whether or not this crucial calibration was done. I ask they submit the proper calibration documents to prove this required procedure was conducted. If they cant, I motion for a dismissal. If the officer does happen to give you a time when the radar gun was last calibrated: DEFENDANT Would you submit the proper documents that prove this? If he cant (which is usually the case), I would motion for a dismissal similar to above. If he does provide the calibration documents, I would ask to see it and check for the following items: 1. Original Document (Best Evidence Rule). 2. The calibration document is for the exact radar gun in question (match serial numbers). 3. The facility or person who conducted the calibration is certified by the state to do so. You already know how to handle numbers one and two. However, number three is a new factor which we havent covered yet. With the document in hand, look to see who conducted the test, then you might want to ask this question: DEFENDANT Mr. Officer, the person who conducted the test was he certified by the state to do such calibrations? OFFICER I guess so. (Or he may give a definite answer such as Yes he
was.) If he gives a vague answer such as, I guess so, I would continue with: DEFENDANT Mr. Officer, Im not asking for your speculations or beliefs. Do you have first hand knowledge the person who conducted the test was certified to do so? Now it doesnt matter what he says. DEFENDANT Mr. Officer, can you prove to the court this person was certified by the state to conduct these calibrations? If he says No DEFENDANT Your Honor, the state of (name your state) requires anyone calibrating a radar gun to be certified to do so. Anyone at this facility had access to the radar gun and could have supposedly calibrated the radar unit without permission. Unless it is proven, by way of a certification document, that the person who conducted the calibration was certified by the state to do so, I motion for a dismissal. The likelihood of the prosecutor or police officer bringing the annual or semiannual calibration documentation is small. The likelihood that they can prove the person who conducted the calibration was certified to do so is even smaller. By law (and this law applies to all 50 states) if they dont prove both, then your case should be dismissed.
SCENARIO #3
Officer Testifies He Used Tuning Forks to Calibrate the Radar Gun
DEFENDANT- Officer, do you agree that in order to properly test the radar gun as you did with the tuning forks, the tuning forks themselves must be functioning properly? OFFICER Yes DEFENDANT- Then, would you submit evidence to the court the tuning forks used to test the gun were themselves calibrated? OFFICER No, but the tuning forks were.... DEFENDANT- Your Honor, I motion for a dismissal. The prosecution has failed to provide substantial proof the tuning forks used to test the gun were actually functioning correctly themselves. Without this knowledge we can not be sure if the radar gun after being tested was tested properly. Believe it or not, 90% of the time, your case would end right here. The prosecution will rarely, if ever, bring the tuning fork calibration documents with them to court. They have no reason to. No one ever asks to see it, but you will. Important: If the judge says he will take judicial notice that the tuning forks were in working order or the prosecution need not present evidence, I would say DEFENDANT- Your Honor, I am aware judicial notice exists as to the reliability of radar. However, I am requesting the prosecution to provide evidence as to the calibration of the tuning forks. The prosecution has an obligation to provide this evidence. If the officer can provide evidence as to the calibration of the tuning forks, make sure it is an original document, if not.... DEFENDANT- Your Honor, due to the Best Evidence Rule I motion for the court to have the prosecution submit an original document and not a photocopy. If the original document is not available please have them prove this is an exact copy of the original. If they can not, I object to a photocopy being used as evidence and motion to have it inadmissible. If the judge accepts your objection, the prosecution is left naked without
anything to prove the tuning forks calibration. I would immediately ask for a dismissal once the objection is granted. DEFENDANT- Your Honor, since the prosecutions evidence is inadmissible and they do not have the individual who performed the calibration here in court today to testify as to its accuracy, I motion for a dismissal. If the prosecution does present an original copy or the judge denies your request, don't fret just yet. You have many more avenues to turn to. Now, with the documentation in hand, you will want the prosecution to prove the tuning forks listed on the certification are the same ones used by the officer that day. This is your next line of attack. Now ask the officer, who by now thinks youre done for, to prove by serial number that the tuning forks he has submitted evidence on are the same ones used to calibrate the gun. Very difficult to do, almost impossible! Remember, each tuning fork is issued to a specific radar gun and is stamped with a serial number. The officer can not interchange tuning forks with outside radar guns. DEFENDANT- What is the serial number of the radar gun used to calculate my speed? OFFICER The serial number is 91275. DEFENDANT- Can you point out by serial number that these tuning forks were the same ones used to test radar gun # 91275? If and when the officer can not fulfill your request, I would ask for a dismissal: DEFENDANT- Your Honor, these documents are worthless unless they show the tuning forks in question, are the same ones used by the officer that day. The prosecution can not prove they are, so I motion for a dismissal. If you've made it this far, (highly unlikely) and the prosecution has provided everything you've asked for, check and make sure the calibration on the tuning fork was not performed more than 6 months prior to the alleged violation. If so, ask for dismissal:
DEFENDANT- Your Honor, the law states that tuning forks be calibrated within a certain time frame prior to the alleged violation. This time is no longer than 6 months. The prosecution has submitted evidence that shows the tuning forks were last calibrated 9 months before my arrest. As a result, the evidence is inadmissible and I motion for a dismissal. Some areas require tuning forks be calibrated once a year. Just go ahead and say 6 months and if you are corrected, simply apologize and say you were mistaken and move on. One year is the absolute maximum in all states, so if the tuning fork calibration is over one year old, you know for sure that it is too old. Or continue with the next question: DEFENDANT- Officer, if one were to drop the tuning forks or if they were exposed to excessive heat after being calibrated would they still function properly? If he says yes, correct him and ask for a dismissal: If he says no.... DEFENDANT- Then can you submit proof the tuning forks were not dropped or damaged in any way after it was calibrated? If he says no (and he will) I would ask for a dismissal: DEFENDANT- Your Honor, many factors can occur after the tuning forks are calibrated to make them faulty. The tuning forks are a very essential piece to the prosecutions case. However, they have failed to prove, to any legal degree of certainty the tuning forks were working properly. I motion for a dismissal.
SCENARIO #4
Officer Testifies He Checked the Accuracy of the Radar Gun by Clocking a Fellow Officer Traveling at a PreDetermined Speed and They Both Came Up Equal
DEFENDANT- Officer, what is the name of the officer who conducted this test with you? OFFICER Officer Bolden. DEFENDANT- Is Officer Bolden in the courtroom today? OFFICER No he is not. Before saying anything else, I would ask for a dismissal: DEFENDANT- Your Honor, since two people conducted the test and only one is here to testify today I motion for a dismissal. Only Officer Bolden can testify as to the reading in his cars speedometer that day. And only Officer Bolden can testify as to the calibration of his vehicles speedometer that day. IMPORTANT: If the judge says the other officer need not be present, I would say. DEFENDANT - If Officer (name) is going to testify as to what the speedometer reading was in the other officers car, that is strictly based on hearsay. Unless this court allows hearsay to be admitted into evidence I motion for the court to strike Officer Griffiths testimony that the radar gun read the exact speedometer reading in Officer Boldens car. Only Officer Bolden was an eye witness to the speedometer reading. If bad luck is your middle name and both officers show up for court that day (1 in a million chance) just question the other officer using the speedometer defense below. DEFENDANT Your Honor, I call Officer Bolden to the witness stand. Now, I would question Officer Bolden with the speedometer defense given further below.
Very Important: If there are two officers who will be giving testimonies in the courtroom it may be a wise decision on your part to motion to have one excluded from the room while the other is on the stand. This will prevent him from listening in on the witnesss testimony which may allow him to refresh his memory or remember details he may have forgotten. This will ensure that each testimony given is not based on what one heard the other say. Its very possible that one officer will assume a testimony based on what the other officer has said. The more similar their testimonies become, the more believable. By having them separated, its possible to have many discrepancies and contradictions in their testimonies, which will greatly help you beat your ticket.
SCENARIO #5
Officer Testifies That He Pushed the Internal Check Button, but Makes No Mention of the Tuning Forks
DEFENDANT- Officer, the manual that comes with the radar gun clearly states that in order for the gun to be considered accurate it must be tested using the tuning forks issued with it, correct? If he says no, correct him and ask for a dismissal. If he says yes.... DEFENDANT- Did you perform these tests with the tuning forks prior to pulling me over? If answer is no, go at him hard. I would motion for a dismissal at this point: DEFENDANT- Your Honor, either the officer doesnt know the proper procedure to test a radar gun or he was just lazy in his police duties. In either case, the officer cant say, with a legal degree of certainty, his radar gun was accurate at the time I was clocked. I motion for a dismissal. Or if you dont like that one. DEFENDANT- Your Honor, the tuning forks the manufacturer recommends be used when testing the unit were not used. Therefore, we do not have concrete evidence the radar gun was working properly. Merely using the internal check button is not enough to prove beyond a reasonable doubt the radar gun was functioning properly and I motion for a dismissal. If he answers yes... DEFENDANT- Can you submit to the court the arrest log or activity log that shows the date and time you performed this test? If he can not, I would motion for a dismissal. DEFENDANT- Your Honor, the prosecution has failed to submit an arrest log to substantiate their claim the radar gun was actually tested and functioning properly. Based on this fact I motion for a dismissal. If he does provide an arrest log you will want to look for 5 things:
1. Original document (Best Evidence Rule). 2. The arrest log is for the exact radar gun being used (match serial numbers). 3. Performed the test before and after the ticket was written. 4. The radar gun was checked out that day by the same officer. (Police officers must sign for the radar gun they will be using that day. The arrest log will show who the radar gun was issued to. Match up the names). 5. The arrest log is for the exact date and time you were ticketed. If something doesn't seem right, ask for a dismissal. The prosecution does and WILL make mistakes. Continue as you would for scenario #1. A. Your Honor, I was ticketed on Jan. 21. This arrest log is for Jan 23. I motion for a dismissal. OR B. Your Honor, the radar gun used to measure my speed is gun # 91275. This document the prosecution has submitted is for radar gun # 94448. They are not one in the same. I motion for a dismissal.
OR
C. Your Honor, the manual that comes with every radar gun manufactured in this country clearly states that in order for the gun to be considered accurate, it must be checked prior and after the arrest. This arrest log makes no mention of a test being performed AFTER the arrest. I motion for a dismissal. And so on
SCENARIO #6
Attacking the Credibility of the Tuning Fork Check
DEFENDANT- Officer, is it true that in order for a radar gun to be tested correctly it must be tested with specific tuning forks issued with the unit, or will any tuning fork do? If he says any tuning fork will do, I would correct him then ask for a dismissal: DEFENDANT- Your Honor, the officer has made a false statement regarding the use of tuning forks. Tuning forks are specific to the unit they were issued with. One tuning fork can not be used with a radar gun it was not issued with. I motion for a dismissal. If while questioning the officer about the tuning forks, he mentions that he calibrated the tuning forks himself.... DEFENDANT- Are you licensed or certified in the field of tuning fork calibration? Almost every cop should answer NO to this question. OFFICER No. DEFENDANT- Your Honor, the witness has testified he conducted the tuning fork calibration himself, yet he is not certified to do so. I motion that his testimony be stricken from the record and ask the court for a dismissal.
SCENARIO #7
Officer Testifies to Having Used Tuning Forks to Test the Radar Unit and Has Testified the Tuning Forks Were Calibrated and Has Proper Documentation
Now we are going to try and have the tuning fork calibration thrown out as evidence. When the prosecutor hands the document to the officer or when the officer hands the document to the judge (when there is no prosecutor), ask to see it. They have to let you see it. We will assume the document is an original. We will also assume you have checked to make sure the tuning forks were the same ones issued to the radar gun by matching the serial numbers. The next series of questions are similar to Scenario #2. DEFENDANT Mr. Officer, was the person who conducted the tuning fork calibration certified to do so? DEFENDANT Can you submit a certification document which proves the person who conducted this calibration was certified by the state? If he can not, I would motion for a dismissal: DEFENDANT Your Honor, the state of (name your state) requires that anyone calibrating the tuning forks is required to be certified to do so. Anyone at this facility had access to the tuning forks and could have supposedly calibrated the radar unit without permission. Unless it is proven, by way of a certification document, that the person who conducted the calibration was certified to do so, I motion for a dismissal.
Final Remarks:
You may use the Radar Defense in conjunction with the MUTCD Defense further below. Ask for a traffic survey if all else fails. You may begin your line of defense with the MUTCD Defense or you may start with the defense you see here and if the judge still has not dismissed the case you can start asking for a traffic survey for the particular stretch of road you were caught speeding.
How It Works
Most radar units issued today have the ability of working in two modes (moving and stationary). The mode can be changed simply by flicking a switch. There is an indicator light which tells the officer what mode the gun is currently operating in. When it comes to dealing with the technical aspects of moving radar, things can get quite confusing pretty fast. Im sure youre not too interested in all of the specifics and are more concerned about how to beat your ticket. Therefore, Ill do my best to explain things as quickly and simply as possible. Unlike stationary radar which uses one radar beam, moving radar uses two beams. One is used the same exact way it is used in stationary mode (aimed at target vehicle, bounces off of target vehicle and returns back to the receiving end of the unit to calculate target vehicles speed). The second radar beam is used to establish the moving patrol cars speed relative to the earth. It can either target objects to the front or side of the patrol car. One beam is called the low doppler shift (patrol cars speed) and the other is called the high doppler shift (your vehicles speed). The radar unit will have two screens to allow the officer to see the two different speed readings. When these two speeds are added together you get what is called a closing speed.
For example: Officers speed + Your speed = Closing speed Or Low doppler shift + High doppler shift = Closing speed The closing speed minus the low doppler shift equals your speed. For instance, if the officer is traveling at 55 mph and you are approaching at 85 mph the closing speed is 140 mph (55 + 85 = 140). The closing speed minus the officers speed equals your speed (140 55 = 85). Thats basically the mathematics of it all in a nutshell. Now, lets go back for a moment and discuss the beams being used in moving radar. As I mentioned, it uses two radar beams. One targets the approaching vehicle (high doppler shift) and one targets the surrounding terrain of the patrol car (low doppler shift) to establish the patrol cars speed. It is with the low doppler shift that mistakes often occur.
Batching
One common error is called batching. Batching occurs when the patrol car suddenly speeds up and slows down. The radar unit can not adjust for these inconsistent speeds. As a result, this will cause the radar unit to alter the actual speed the target vehicle is actually traveling. A police officer is trained to keep his vehicle at a constant speed (usually within 5 mph or so) when using moving radar to avoid batching (among other errors) from occurring.
Cosine Error
Another all too common error involved with moving radar is called the cosine error. As you know by now, one of the two beams from the radar unit is used to establish the patrol cars speed. It does this by targeting objects on the ground near the patrol car. The cosine error occurs when the relative angle of these objects to the officers motion are too high. In other words, if they are at great distances from the moving patrol car, their angles will be too high and his patrol cars
speed will be computed less than what it actually is. When this happens, his lower calculated speed will in turn give your vehicle a greater overall speed. (Remember our mathematical formulas above.) These are but two of the errors that can occur with moving radar. Also, bear in mind that with stationary radar the officer can look down a scope and target individual vehicles. He cant do this with moving radar because the unit is usually fixed to his dash. He can not drive with one hand and operate the unit with the other. Because of these errors there are VERY FEW states in the nation which have taken judicial notice on the workings of moving radar (Im not sure of the exact number or which states have taken judicial notice, but I think there are currently only 5 states). There are just too many issues at hand that have to be overcome before more states will take judicial notice on the accuracy of moving radar. It is with this that we begin our defense. Allow the officer to take the stand and begin to give his testimony. As soon as he says the words moving radar I would OBJECT IMMEDIATELY! Objection: Your Honor, I object. The police officer is introducing evidence which this state has not taken judicial notice that moving radar is an accurate and reliable means of speed detection. Unless the prosecution plans to introduce a qualified expert to testify as to the workings and accuracy of the moving radar unit as required by law, I motion to have this case dismissed. In all probability the judge will dismiss the case right there. However, he may not and instead will say one of the following: He will ask you to prove that no judicial notice exists. If he does, I would say: Your Honor with all due respect, it is impossible for me to try to prove the nonexistence of something that doesnt exist. If it doesnt exist, then how can I prove it? This is the prosecutions case and if they wish to continue then the burden lies on them to prove to this court that judicial notice does in fact exist. He may say that he will take judicial notice. If he does, I would say: Your Honor, I would like the record to show you are personally taking judicial notice on a matter when there has not been a single study, experiment or case in this state that has shown moving radar to be a reliable and accurate means of
He may say he will allow the case to continue regardless of judicial notice. If he does, I would say: Your Honor please let the record reflect my objection to this case continuing without a qualified expert to testify as to the workings and accuracy of moving radar since this state has never found, to a scientific degree of accuracy, moving radar to be a competent form of speed detection.
If the judge allows the case to proceed, then you really have no choice but to continue fighting your ticket. If you happen to lose, an appeal is almost guaranteed to reverse the judges decision. The following defense tactics should help you further. Now that the officer has finished testifying it is now your turn to cross examine him. Your objective during cross examination is to create as much legal doubt as possible as to the accuracy of the moving radar unit. The only way to accomplish this is to follow the stationary radar defenses given earlier. Like stationary radar, moving radar also has to be calibrated within a relatively short time frame. Tuning forks are used to calibrate moving radar. Also, any documentation being presented should be checked to make sure they are original documents. You can also take it one step further (if your case is still not dismissed by this point) and really expose the radar unit of its many inaccuracies. These next cross examination techniques should allow you to do just that. DEFENDANT Mr. Officer, when you target vehicles using a stationary radar unit, that is when you are situated on the side of the road, is there a scope for you to look through so you can clearly aim at specific vehicles to ensure you are targeting the right vehicle? OFFICER Yes. DEFENDANT Being that you used moving radar, did you use this scope to target my vehicle? OFFICER No. (He will say no because it is impossible and not to mention dangerous for him to look through the scope of the radar unit while it is fixed to his dash and drive his vehicle at the same time.) DEFENDANT Then officer, how did you determine that my vehicle and only
my vehicle was the one that gave the speed reading on your radar unit? Now it really doesnt matter what he says. You have damaged his testimony enough to have your case dismissed. DEFENDANT Your Honor, the laws of physics prove that as a radar beam travels it also widens. This width can be as wide as 400 feet. As such, since the officer did not specifically target my vehicle, he can not to a legal degree of certainty say that my vehicle and only my vehicle caused the reading on his radar unit. I motion for a dismissal. If youve made it this far and the judge has still not dismissed the case, your last recourse is to make known the numerous errors that can occur with moving radar. The more you can give the better. The objective here is to reiterate the fact that some or all of these errors could have occurred while the officer was attempting to calculate your speed.
Shadow Effect:
DEFENDANT Mr. Officer, what is a shadow effect and how can it contribute to a false speed reading? A shadow effect error occurs when the second beam used to calculate the officers patrol car speed - by locking on to nearby objects on the road instead locks on to a nearby vehicle in front of the patrol car (usually a large truck). For example, a patrol car is traveling at 50 mph. It is approaching a large truck directly in front traveling at 40 mph. The low doppler shift beam of the radar unit locks onto the back of the large moving truck and returns a strong low doppler shift back to the receiving end of the radar unit. The radar gun will then read the closing speed of the patrol car on the truck. This will make the radar unit think the patrol car is only traveling at 10 mph (50 40 = 10). When a vehicle approaches from the opposite direction, at lets say 60 mph, the radar unit will actually calculate this vehicles speed as 100 mph. Because the radar unit has calculated the officers speed as 10 mph and is closing in on the approaching car at 110 mph (vehicles actual speed + patrols actual speed). As a result, the radar unit calculates the approaching vehicles speed as 100 mph (110 10 = 100) or (closing speed officers speed = vehicles speed). This inaccurate speed is 40 mph over the actual speed of the target vehicle!
Batching:
DEFENDANT Mr. Officer, what is batching and how can it contribute to a false reading? Already discussed above.
Bumping Error:
DEFENDANT Mr. Officer, what is bumping error and how can it contribute to a false reading? Bumping error is when the officer slows down, as when to turn around and give chase in the opposite direction. The turn around lessens the patrol cars speed and increases or bumps the target vehicles speed.
Cosine Error:
DEFENDANT Mr. Officer, what is cosine error and how can it contribute to
a false reading? Already discussed above. If at any time, the officer says that he does not know a particular error, ask him when was the last time he read his radar manual. Tell him that these errors are clearly listed in his manual and that a properly trained person should at least be familiar with such errors in order to prevent them from happening. This will also be a good time to motion for a dismissal. If at any time the officer says he is not supposed to know the technical workings of the radar unit I would ask him if these errors are listed in his handbook. If he says they are, then I would ask him when was the last time he read it and why hes not required to know them. This is also a good time to motion for a dismissal.
Closing Argument
It is highly unlikely that you will have to give a closing argument. More than likely your case will be dismissed by then. But it is still a good idea to have one ready just in case. Its not possible for me to write one for you here because there are just too many factors involved and each particular case is different. However, I can give you a couple of pointers. First, you will want to mention the fact that no judicial notice exists in your state and the judge still allowed the case to continue without expert testimony and the prosecutor failed to prove judicial notice does exist. Also, remind the judge of all of the different errors you brought up during cross examination that could have occurred and that the police officer has not proven they didnt. Finish off by saying the police officer has not proven, to any legal degree of certainty, that he clocked your vehicle with a reliable method of speed enforcement and that you ask for a verdict of not guilty.
Final Remarks:
You may use this Moving Radar Defense in conjunction with the MUTCD Defense further below. Ask for a traffic survey if all else fails. You may begin your line of defense with the MUTCD Defense or you may start with the defense you see here and if the judge still hasnt dismissed the case you can start asking for a traffic survey for the stretch of road you were caught speeding.
When warranted, an engineering study should be made (in cooperation with law enforcement officials) of reported crashes occurring within the temporary traffic control zone. Crash records in temporary traffic control zones should be monitored to identify the need for changes in the temporary traffic control zone. Translation: This law states that before a reduced speed in a construction zone can be placed, an engineering and traffic survey must first be conducted. Simply reducing the speed just because workers are present is not enough. They must determine the correct speed to put and not just pick one they think is right. If they can not produce this survey upon request, your ticket should be dismissed.
All temporary traffic control devices shall be removed as soon as practical when they are no longer needed. When work is suspended for short periods of time, temporary traffic control devices that are no longer appropriate shall be removed or covered.
Translation: When all of the construction workers have gone home for the day this law states that ALL temporary traffic control devices shall be removed or covered. This includes ALL work zone and reduced speed limit signage. The idea behind this law is that since no workers are present, there is no reason to continue restricting drivers to the lower speed limit. This rule applies whenever work has ceased for a short period of time. So, during a 24 hour day if the construction company only works for 12 hours, then the remaining 12 hours would be considered a short period of time and all of the lowered speed limits should be at least covered for these 12 hours and normal driving speeds continued until the following work day has begun. This also includes weekends and holidays. The only exception to this rule is if the construction zone area still poses a threat to drivers even after workers have left for the day (ex. open trenches, narrowed lanes, etc.).
Temporary traffic control plans should be prepared by persons knowledgeable (for example, trained and/or certified) about the fundamental principles of temporary traffic control and work activities to be performed. The design, selection and placement of temporary traffic control devices for a temporary traffic control plan should be based on engineering judgment. Translation: This one is somewhat similar to the first one. It states that not just anyone can post signs or create speed limits. Not the construction workers and not even the cops for that matter. It must be done by a trained and/or certified person. If anyone else other than a trained and/or certified person has placed or calculated the reduced speed limit then these signs and speed limits are NOT legal. Ask for the name and qualifications of the person who conducted this research. If it can not be presented I would motion to have the ticket dismissed.
Translation: Here is one of the most widely disregarded traffic control laws. First, it states that the reduced speeds should be limited to the specific portion of the traffic control zone. This means that only the specific area which needs the reduced speed limit should be considered. However, as you may already know, construction zone speed limits can begin and end hundreds of feet from the specific portion which needs reduced speed limits.
By doing so, they have essentially broken the law. The reduced speed limits can only be posted within the specific portion of the construction zone. It also states that the reduction of speeds should not be more than 10 mph. 5) MUTCD Page 6C-1 Section 6C.01 15th Paragraph
A reduction of more than 16km/h (10mph) in the speed limit should be used only when required by restrictive features in the temporary traffic control zone. Where restrictive features justify a speed reduction of more than 16km/h (10 mph) additional driver notification should be provided. The speed limit should be stepped down in advance of the location requiring the lowest speed, and additional temporary traffic control warning devices should be used. Translation: This law states that reductions in speeds of more than 10 mph are allowed provided that the situation warrants it and significant warnings are in place to give motorists advanced notice. As rule number 1 states above, this extra reduction in speed can only be created when an engineering and traffic survey has been conducted. Again, you may want to ask the officer for this engineering survey.
Reduced speed zoning (lowering the regulatory speed limit) should be avoided as much as practical because drivers will reduce their speeds only if they clearly perceive a need to do so. Translation: This one and number 7 below go hand in hand and are self explanatory.
Research has demonstrated that large reductions in the speed limit, such as... (30mph) reduction, increase speed variance increase the potential for
crashes. Smaller reductions in the speed limit of up to (10 mph) cause smaller changes in speed variance and lessen the potential for increased crashes. A reduction in the regulatory speed limit of only up to (10 mph) from the normal speed limit has been shown to be more effective. These laws are very clear on what is supposed to be done during construction zone work hours. It is from these laws we formulate our defense strategy. The law actually works in your favor and if used correctly you should have no problem beating your ticket. Everyones particular case is different. I cant go into a detailed defense here, but by having given you the above MUTCD codes you should be able to use whichever ones pertains to your case. Also, I suggest you read this entire section of the manual when you get a chance. There are dozens of other required procedures which must be met and you may just find something to help get your case thrown out. Heres the link again (jump down to chapter 6A-E):
http://www.mutcd.fhwa.dot.gov/pdfs/2003r1r2/pdf_index.htm
The next section should help you even further: Before I begin to show you how to beat a work zone (or construction) speeding ticket, let me start off by saying that speeding in this location is dangerous for all of the hard working construction workers out there. I do not condone speeding and I definitely do not condone speeding in construction or school zones. With that being said, lets begin
The Defense
When it comes to construction zone speeding tickets, you may be fighting two battles here. First you have to dismiss the ticket as a construction zone speeding violation. Next, if you have successfully done that, you then have to beat the speeding part of your ticket. However, in some localities it may very well be possible to dismiss the ticket entirely just by proving that it was labeled wrong to begin with. If you can show the judge that your ticket was not in fact a construction zone violation, your case will usually end right there without you having to continue with fighting the second speeding charge.
Heres an example: Lets say that under normal conditions the posted speed limit on a street is 55 mph. During construction times this speed limit has been reduced to 35 mph. If you get pulled over for speeding at 65 mph in this construction zone, you must first contest the charge of it being a construction zone related speed infraction. After you have had the charge of it being a construction zone speeding ticket dismissed (by utilizing the strategies below), then you will have to beat the speed charge of doing 65 mph in a 55 mph zone. (Since you have had it dismissed as a construction zone ticket, the construction zone speed limit is no longer valid). Conversely, if you were only going 50 mph in the construction zone, then there would be no second charge to fight since you were still under the normal posted speed limit. The main objective of first dismissing the charge as a construction zone speed related infraction is obvious. By having done so (even if you get found guilty of speeding), you can easily save yourself hundreds of dollars in extra fines and avoid the double points sometimes assessed to your driving record. If youre like most people, you probably think it is impossible to beat a work zone speeding ticket. With all of the signs warning motorists of increased police activity and speeding fines being doubled, it gives the impression that if given a speeding ticket, you will be found guilty no matter what. You have to hand it to the government; they sure know how to scare us. But, thats all it really is a scare tactic! Heres how to easily beat a work zone speeding ticket: The only way to beat this type of ticket is if there werent any construction workers present at the time. Now you may be thinking, Arent there always construction workers present? The answer is NO. Ninety nine percent of the time a police officer will set up speed traps in a construction zone area ONLY when there arent any workers present. Its much too dangerous to give out speeding tickets when the lanes have been narrowed and workers are out doing their job.
Hed be creating a hazardous situation if he were to pull drivers over during construction time. Also, many police departments have a policy that prohibit officers from conducting speed enforcement during construction work hours. As a result, police officers usually only give out speeding tickets when all the workers have gone home for the day. Since this is the case, many states have laws that specify speeding tickets given in construction zones can be labeled as work zone traffic infractions only when workers are present. If there werent any workers out at the time, then the officer can not label your speeding ticket a work zone violation! The following states which have this rule in effect are:
Alabama Arizona Arkansas California Connecticut Florida Georgia Illinois Louisiana Minnesota Mississippi Missouri Montana Nevada New Hampshire North Dakota Oklahoma Pennsylvania South Dakota Tennessee Texas Utah Virginia West Virginia Wisconsin
Chances are good your construction zone ticket was issued when NO workers were present. If thats the case, check above to see if you are in a state that has a no construction worker present law. If you are lucky enough to be in one of these states, do the following:
Contact the construction company and have them send you a certified letter stating their hours of operation. Make sure it is a certified letter. The courts may not accept it if it is not. Next, look to see if your ticket specifies the time the alleged infraction occurred.
Very Important: If there is no time given, you can easily have your case dismissed by arguing that the officer can not prove you were given a ticket during construction work hours. The judge will then have to find you not guilty without this important information.
Once you are in court, allow the officer to give his testimony and as soon as you hear him say the word construction I would OBJECT IMMEDIATELY! Turn to the judge and motion to have the ticket dismissed as a work zone traffic infraction based on the fact that no construction workers were present. I would say something like this I object! Your Honor the State of (give name of state), has laws in effect which specify that in order for someone to be convicted of speeding in a construction zone, there must be workers present at the time of the alleged violation. Your Honor, this piece of paper that I have with me is a certified letter from the construction company that states its hours of operation in the construction zone. As you can clearly see, my speeding ticket gives a time which falls outside of this time frame. Therefore I request to have the ticket dismissed as a work zone traffic infraction based on this fact. The judge will then legally have to dismiss the ticket as a work zone violation. It must be dismissed because it was labeled wrong to begin with. But remember earlier I mentioned you may have to fight two battles here. Even if the judge dismisses the ticket as a work zone violation, if you were still speeding (exceeding the normal posted speed limit) you may have to fight the speeding charge against you. The only way to accomplish this is to follow the strategies I give in this book.
If the judge denies your motion to dismiss the ticket as a work zone violation, you can still fight it using the radar/laser techniques inside. If you still lose, you can be assured that at least you have saved yourself hundreds of dollars in fines and at least 2 to 4 extra points on your record.
Stipulations
The only stipulation here, as mentioned earlier, is that no students can be in the vicinity at the time you were ticketed. So, if you get a school zone speeding ticket at 6:00 PM you should have a fighting chance at beating it. If you were caught speeding through a flashing school zone traffic control signal then nothing here will help you. For the rest of you who have been illegally ticketed after or before school hours for the simple purpose of increasing revenue, then this next piece of information may help you.
It is important to stress that regardless of the school location, the best way to achieve reasonably safe and effective traffic control is through the uniform application of realistic policies, practices, and standards developed through engineering judgment.
The type(s) of school area traffic control devices used, either warning or regulatory, should be related to the volume and speed of vehicular traffic, street width, and the number and age of the students using the crossing. School area traffic control devices should be included in a school traffic control plan. Translation: This section basically acts as an introduction as to why the government has regulations in place with regards to school zones. Its been proven that simply lowering the speed limit without evidence that the lowered speed limit is in fact a correct and accurate speed to use does not have the desired effect of creating safety.
Part 7 sets forth basic principles and prescribes standards that shall be followed in the design, application, installation, and maintenance of all traffic control devices (including signs, signals, and markings) and other controls (including adult crossing guards, student patrols, and grade-separated crossings) required for the special pedestrian conditions in school areas. Translation: This basically states that the rules and regulations set forth in the MUTCD must be followed. The MUTCD takes precedence over any and all state or local governments.
SECTION 1A.09
The decision to use a particular device at a particular location should be made on the basis of either an engineering study or the application of engineering judgment. Thus, while this Manual provides Standards, Guidance, and Options for design and application of traffic control devices, this Manual should not be considered a substitute for engineering judgment. Engineering judgment should be exercised in the selection and application of traffic control devices, as well as in the location and design of the roads and streets that the devices complement. Jurisdictions with responsibility for traffic control that do not have engineers on their staffs should seek
engineering assistance from others, such as the State transportation agency, their County, a nearby large City, or a traffic engineering consultant.
The end of an authorized and posted school speed zone shall be marked with a standard Speed Limit sign showing the speed limit for the section of highway that follows or with an END SCHOOL ZONE (S5-2) sign (see Figure 7B-1). Translation: This section mandates that an end school zone sign be placed where the official school zone ends. Youd be surprised to know that many school zones in the country dont have an end school zone sign in place. Again, take a drive back to where you were ticketed and see if such a sign is there. If not, you may be able to beat your ticket. Remember, this is a government regulation that must be done. Local and state governments dont have a say in the matter and must abide by federal rules. These were the main issues from the MUTCD about school zone regulations. There are over 40 of them so it is suggested that you read through the manual yourself. You may find more which pertain to your individual situation. Remember (and I cant state this enough) the MUTCD is a federal guideline which all 50 states must abide by. If you find one or more of these guidelines not being followed then you should not hesitate in using this as a defense in court. By failing to enforce just one of these guidelines your speeding ticket may not be enforceable. Since every situation is different, it would be futile for me to attempt to give any defense strategies. However, with these MUTCD codes given, you should have no problem finding fault in at least one of them and using this as the basis of your defense strategy. If every MUTCD code has been followed correctly, then your only recourse is to use the defense strategies given inside this book. Regardless of what type of speeding ticket you have (construction or school zone) it is still a speeding violation determined by a machine (radar or laser gun) and can be beat by attacking the accuracy of such devices.
Laser Defense
For laser cases, you will want to bring in case law: In the Matter of the Admissibility of Motor Vehicle Speed Readings Produced by the LTI MARKSMAN 20-20 Laser Speed Detection System Also bring in any case laws from your state. Your Honor, these are copies of case laws brought down by some of the highest levels of court in (name your state) on the permissibility of evidence. I wish to submit them for your consideration. Or, if your state doesnt have any case law, bring in an out of state case law(s) and say the following Your Honor, the state of (your state) at the present time doesnt have any case law pertaining to the issue at hand. I ask that you accept these case laws from sister states since they were handed down by some of the highest levels of court in these states. Most states in the country have not taken judicial notice on the workings of laser type measuring devices. This means that the state does not accept this type of evidence as being accurate, unless substantial evidence (expert testimony) is submitted.
Exceptions:
Colorado (Boulder)
The city of Boulder does accept laser as a reliable speed measure provided
(1) Proof of annual certification of the device by the Colorado Department of Agriculture, (2) operator was trained and certified and instruction provided by instructor certified to provide such training, (3) proof instrument was operated in accordance with manufacturers specifications, (4) proof instrument in proper working order on date in question and device checked for accuracy at the beginning and end of shift to include (a) proof of proper sight reticle alignment, (b) proof speed reading maintained for at least 2 seconds, (c) proof of the distance of speed reading, (d) proof that the lidars instruments internal check indicated that the instrument was in proper working condition, (e) proof that the officer made a visual estimate of the speed of the vehicle in question to correlate the speed reading indicated by the lidar instrument.
Ohio (Columbus)
The city of Columbus does accept laser as a reliable speed measure provided
1) laser must be pointed so that the red dot on the scope is aligned with a reflective
areas such as a license plate, on the target vehicle; (2) target vehicle must be moving in a line directly moving toward or away from the laser; and (3) laser must be properly calibrated prior to use. 733 N 2d, 326.
Idaho
The entire state of Idaho does accept laser as a reliable speed measure.
Georgia
The entire state of Georgia does accept laser as a reliable speed measure.
Maryland Virginia
The entire state of Maryland does accept laser as a reliable speed measure. The entire state of Virginia does accept laser as a reliable speed measure. Heres what to do if you are not in any of the above jurisdictions. While the officer is giving his testimony, I would wait till I hear him say the word laser and then object and request a dismissal. DEFENDANT - Your Honor, the prosecution is introducing evidence that this state has not taken judicial notice on. If the prosecution does not introduce a QUALIFIED EXPERT on the workings of laser as the law requires, I motion for a dismissal. No Qualified Expert? CASE DISMISSED! In all probability the judge will dismiss the case right there. However, he may not and instead will say one of the following: He will ask you to prove that no judicial notice exists. If he does I would say: Your Honor with all due respect, it is impossible for me to try to prove the nonexistence of something that doesnt exist. If it doesnt exist, then how can I prove it? This is the prosecutions case and if they wish to continue then the burden lies on them to prove to this court that judicial notice does in fact exist. He may say that he will take judicial notice. If he does, I would say: Your Honor, I would like the record to show you are personally taking judicial notice on a matter when there has not been a single study, experiment or case in this state that has shown laser to be a reliable and accurate means of speed detection. The prosecution has failed to present any scientific evidence to disclaim my objection and further let the record reflect my objection to you taking judicial notice to this device.
He may say that he will allow the case to continue regardless of judicial notice. If he does, I would say: Your Honor please let the record reflect my objection to this case continuing without a qualified expert to testify as to the workings and accuracy of laser based speed devices since this state has never found, to a scientific degree of accuracy, laser to be a competent form of speed detection.
It's likely the judge will grant your request for a dismissal, if not, you will want to continue as you would using the radar defense. Laser guns, like radar guns, must be calibrated within a reasonable time of the offense. If the prosecution can not present evidence as to the accuracy of the device, I would ask for a dismissal. Some important facts regarding laser: Most states DO NOT accept laser as an effective measuring device. (Grounds for immediate dismissal without expert witness). The states and cities given above are an exception (they accept laser as an accurate means of speed detection). You CAN NOT use the judicial notice defense in these cities and states. However, you can still continue to fight it. Laser guns must be calibrated by a certified facility or technician. Laser is affected by the medium in which it passes through. If it passes through open air where the moisture level is high, it will bend. If it passes through a window it will also bend. IMPORTANT: Theres a good chance you are in a state that does not recognize laser as an accurate method of speed measurement. In these states the prosecution MUST bring an expert witness to testify on the workings and accuracy of the laser. If the prosecution attempts to bring a witness that is a representative of the manufacturer of the laser gun, OBJECT IMMEDIATELY! Have him disqualified from testifying on the grounds that he has a financial interest in the case and may be impartial.
If you are in the few states that have taken judicial notice on laser, they will have certain requirements in order to be accepted as accurate by the state. These requirements are as follows: 1. The laser was used in open air and not from inside the officers vehicle where the glass or windshield can bend it and alter the reading.
2. Moisture in the air is below a certain level. 3. Laser gun was operated by a trained officer. 4. Laser gun was tested and calibrated within a reasonable amount of time. 5. The means used to test the laser gun was done correctly. As you can see, laser is very similar to radar except for the first two points. It is from these first two requirements you will begin your line of questioning. DEFENDANT - Mr. Officer, where were you when you used the laser gun to clock my speed? If he says he was in his car.... DEFENDANT - Were your windows opened or closed? If he says they were closed.... DEFENDANT - Mr. Officer, are you aware that laser bends when going through glass? DEFENDANT - If your windows were closed and the laser beam went through it at an angle, how can you be so sure it targeted the right vehicle? By now it doesn't matter what he says. You have just established enough reasonable doubt. Now is a good time to ask for a dismissal: DEFENDANT - Your Honor, the officer has testified he was in his car and the windows were closed at the time he was operating the laser gun. The laws of physics state that laser will bend and refract if passing through a glass. If the laser bends, we can not be sure that the reading the officer obtained was accurate, to a scientific degree of certainty. I motion for a dismissal. If the officer says he was outside his car or shooting through an open window. DEFENDANT - What was the moisture level in the air the day you clocked my speed? DEFENDANT - Do you know that certain levels of moisture in the air will bend and alter a laser beams path? If he does not know what the level of moisture was that day (he wont), I
would ask for a dismissal. DEFENDANT - Your Honor, a laser beams path can easily be altered due to moisture in the air. Unless the prosecution can submit evidence that the moisture was at an appropriate level that day, I motion for a dismissal. Important Points: If the officer says the laser was calibrated, have him show proof. If he tested the unit using another officers help, (clocking the other officers vehicle) make sure the other officer is present to testify. If he provides documentation, make sure it is an original. Any documentation that is presented must be checked thoroughly. Reasonable time for calibration is the same for radar guns (about 6 months to a year).
The laser defense is very easy to implement. It's similar to radar, so use the radar defense strategy for laser. Just change some of the wording.
Laser Testing
Unlike radar guns, the laser gun has no tuning forks to test it with. Instead, the officer must perform what is called time-distance test. Basically the officer will stand at a predefined position and point the gun at an object that has been specifically measured for distance. You can almost always dispute the laser calibration results by following this next strategy. Theres a manual called Prolaser III. In it, the required steps to performing the test on a laser unit are clearly defined. The steps must be followed to a tee if the laser unit is to be considered accurate in the eyes of the law. You can refute the officers testimony that he properly tested the laser unit by following the standard procedures outlined in the Prolaser III manual. The manual states that the laser unit must be fixed to a tripod or other contraption so as to hold it securely in place. The officer must point and shoot the laser gun to an object that has already been measured for distance from the point of the tripod. During your cross examination, I would ask the officer the following questions: DEFENDANT - When you tested the laser unit, where was it situated? In almost every case the officer will say he was holding the laser unit in his hand. If so. DEFENDANT - Isnt it true, the laser unit must be fixed to a tripod or other similar device to prevent calculation errors? If he says no, correct him by mentioning what the Prolaser III manual states. DEFENDANT - Your Honor the Prolaser III is the most widely used laser gun in the country and the procedures outlined for testing are essentially the same for all laser guns. The officer has testified that he was manually holding the laser gun while conducting the calibration. This is not how to properly test the laser gun. I motion to have the laser gun evidence thrown out based on this fact. If motion denied.
DEFENDANT Officer, are there any markings on the ground to let you know exactly where to stand while conducting this test? If he says no DEFENDANT Then how do you know you were standing in the correct position at the correct distance from the target object? He wont have much to say here. If he says he stands in the same spot every time he tests the laser gun, say DEFENDANT What proof do you have the other tests you have conducted were accurate? He wont have any proof. DEFENDANT Being that you held the laser unit in your hand and did not stand at a predetermined position, how can you say, with a legal degree of certainty the laser gun was properly tested? Again, he wont have much to say here either. DEFENDANT Officer, do you know what the tolerance level is for testing of a laser speed device? He may say no. He may also give you a number. If he doesnt know or gives any other answer other than 1/2 foot, I would continue with DEFENDANT Officer, the correct tolerance level is one half feet. Can you prove being that you did not use a tripod; you did not deviate past this tolerance level? Of course he CAN NOT prove this. DEFENDANT Your Honor, through the officers own admission, its obvious the correct procedures to testing the laser gun were not followed. The Prolaser III manual is the standard that all police departments in this country follow in terms of accurate laser testing. The manual states on page 24 the gun must be in a fixed position and the object used must be in a fixed measured distance. It also states the standard deviation to be less than a foot. Since neither was followed and no testimony was given that he did not deviate past the recommended deviation length, the laser gun can not be considered accurate to a legal degree of certainty. I motion for a dismissal. A dismissal at this point is almost guaranteed!
Final Remarks:
You may use this Laser Defense in conjunction with the MUTCD Defense further below. Ask for a traffic survey if all else fails. You may begin your line of defense with the MUTCD Defense or you may start with the defense you see here and if the judge still has not dismissed the case you can start asking for a traffic survey for the particular stretch of road you were caught speeding.
Pacing Defense
Bring applicable case laws from your state. Your Honor, these are copies of case laws brought down by some of the highest levels of court in (name your state) on the permissibility of evidence. I wish to submit them for your consideration. Or, if your state doesnt have any case law, bring in an out of state case law(s) and say the following Your Honor, the state of (your state) at the present time doesnt have any case law pertaining to the issue at hand. I ask that you accept these case laws from sister states since they were handed down by some of the highest levels of court in these states. In the event that you were paced by a police officer, use the following defense strategies: You hand the judge and prosecutor a copy of the relevant case law(s) you have brought. Your case is called, officer makes his statement, and the prosecution rests its case.
SCENARIO #1
Officer Makes No Mention of Calibrating the Speedometer
DEFENDANT - Officer, are you certain the speedometer in your car was functioning accurately and if so would you present to the court evidence stating the vehicle's speedometer was calibrated within a reasonable amount of time the alleged violation occurred? If he can not, ask for a dismissal. DEFENDANT- Your Honor, the prosecution has failed to prove, by way of sufficient documentation, the speedometer was accurate at the time of the alleged violation. I motion for a dismissal based on this fact. I would venture to say that only 20% of the police departments in this country actually calibrate their squad car speedometers on a regular basis. If he can not produce the evidence, but says he believes the speedometer was functioning correctly, I would ask him the following questions: DEFENDANT Mr. Officer, Im not asking you for your assumptions or beliefs on the matter. Im asking for actual proof. DEFENDANT - Officer, are you trained or certified in the field of speedometer calibration? When he says no (and he will say no), ask for dismissal. DEFENDANT - Your Honor, the witness on the stand is not trained or certified in speedometer calibration. His testimony as to the accuracy of the speedometer is not valid and should be stricken from the record. I motion for a dismissal. If he does happen to produce evidence of the speedometer being checked, make sure it is an original document, if not, ask for dismissal. If it is the original or if the judge denies motion, continue on. Check to make sure the evidence he provides matches up with the exact vehicle used by the officer that day. If they don't match, ask for a dismissal. Have him show you the speedometer in his vehicle (license plate # or car #) is the same one being referred to in the document.
If everything matches (rare), I would ask the officer this question: DEFENDANT - Would you submit forth evidence proving the exact vehicle in question has had no external or internal changes that may affect the speedometers reading after the calibration was performed. A maintenance report on the vehicle showing no new tires, major mechanical parts, or accidents after the calibration occurred will suffice. If nothing is presented, I would ask for a dismissal: DEFENDANT - Your Honor, there are many factors which can alter a speedometers reading after it is calibrated. If it is not proven these factors did not occur after the vehicle was calibrated, we will never know just how accurate the speedometers reading was. Police cars are regularly involved in accidents or have parts repaired and replaced. If a vehicle maintenance record is not presented to extinguish any doubts, then I motion for a dismissal. If a maintenance report on the vehicle is presented, VERY UNLIKELY, you will want to make sure it is an original document and it is for the same vehicle driven by the officer that day. Police officers regularly change vehicles, so it is very possible they may bring in documentation pertaining to another vehicle. This is why its a very good idea to jot down the officers car number before leaving the scene of the traffic stop.
SCENARIO #2
The Officer Claims Another Officer Used a Radar Gun to Clock His Speed and They Both Came Up Even
Only the actual officer who performed the radar test can testify as to what the radar reading was. And only the officer who performed the testing on the radar gun can testify as to its accuracy. DEFENDANT Officer, what is the name of the other officer who performed the test with you? OFFICER - Officer Greene. DEFENDANT - Is Officer Greene in the courtroom today? OFFICER - No, he is not. When he says that he is not present, I would ask for dismissal. DEFENDANT - Your Honor, the defense can not give testimony as to what the other officer's radar reading was. Since the other officer is not present to testify, I motion for a dismissal. Important: If the judge or prosecutor says the other officer need not be present, say..... Your Honor, the prosecution's case against me is based solely on the fact that the speedometer used to measure my speed was accurate at the time the alleged violation occurred. Higher courts have ruled that if the defense request evidence, the prosecution must submit proof. This proof can only be presented, as the law requires, by the other officer who performed the test. Since the other officer is not here, I motion for a dismissal. If by chance the other officer is present, ask the officer to take the witness stand and continue on as you would with the radar defense strategy. Question him about the calibration of the gun and tuning forks and ask for original documentation.
SCENARIO #3
Your Ticket Shows a Speed Not in Increments of 5mph
For this next scenario you will want to look at your ticket and see what speed the officer has written down. If it is not in increments of 5 (ex. 20, 25, 30, 35, or 40) then I would continue with this next defense. In other words, if your speeding ticket has your speed as 57 mph for example, then this next defense will be extremely useful. Most, if not all speedometers do not give single digits for speeds. Theyre usually in increments of 5 or 10 mph. Many dont even have hash markings for each single mph. If you were issued a pace ticket and the officer did not write down your speed as an even 5 mph increment I would use the following defense. DEFENDANT Officer, does your speedometer clearly label each and every single mph? OFFICER No. DEFENDANT Then how is it, since your speedometer does not clearly label each mph you are able to give me an exact speed reading of 62 mph (or whatever it is)? More than likely he wont have an answer. However, he may respond by saying something along the lines of him having used estimation or approximating your speed. If he does, I would say DEFENDANT I see, so in other words you were simply guessing? This court requires your testimony be accurate and based on fact and not your guesses or approximations. Now, I would turn to the judge and motion for a dismissal: DEFENDANT Your Honor, the officer has just testified my speed reading is in itself not an accurate reading. The officers speedometer does not clearly label each and every mph and more than likely is labeled every 5 mph. Being such, the officer can not, to a legal degree of certainty, say that my speed is an exact and precise measurement as the law requires. I motion for a dismissal. Final Remarks: You may use this Pace Defense in conjunction with the MUTCD Defense further below. Ask for a traffic survey if all else fails. You may begin your line of defense with the MUTCD Defense or you may start with the defense you
see here and if the judge still has not dismissed the case you can start asking for a traffic survey for the particular stretch of road you were caught speeding.
VASCAR Defense
Quick Side Note
VASCAR is illegal in California and Washington. In these states lawmakers have concluded this type of speed measurement falls under the category of a speed trap. Use this defense for aerial (aircraft) speeding tickets also.
Sometimes the timing device used is attached to an onboard computer which calculates the speed. Other times the officer will have a chart to calculate your speed.
Basis:
More times than not, when it comes to VASCAR there are usually two officers involved. One to calculate the speed and one officer to pull you over and write up the ticket. As you already know, if two officers were involved in the stop (either directly or indirectly) then BOTH officers must come to court to testify. Remember this for your trial.
The officer will take the stand and begin to testify as to how you were caught speeding. He must testify to the following things: 1) Identify you as the driver of the car. 2) Testify as to the speed limit. 3) Accurately describe your car (make, color and license plate). 4) Testify that he has had training with VASCAR speed measurement. 5) Testify that he used the VASCAR speed measurement according to proper procedure. 6) Testify that your car and only your car was the one which was caught speeding. Make a list of the above and check off each one he testified to. If he leaves one of the required testimonies out circle it and wait for him to finish his testimony. Also wait for the prosecutor to rest his case. Refer back for the correct way to handle missing testimonies. If the officer happens to testify to all of the above, wait for the judge to ask you if you would like to cross examine the officer. You reply Yes, Your Honor and commence with your cross examination.
SCENARIO #1
The very first thing to do is find out if the officer acted alone or if there was another involved in the traffic stop. DEFENDANT Officer, who conducted the VASCAR speed measurement? If he says that another officer situated down the street or highway did, I would continue with DEFENDANT What is the name of this officer? OFFICER Officer Johnson. DEFENDANT Is Officer Johnson in the courtroom today? OFFICER No he is not. Now, I would turn to the judge and motion for a dismissal: DEFENDANT Your Honor, the officer has just testified that another officer was involved in the traffic stop and he is not in the courtroom today. This officer on the stand can not testify to my speed as he was not the one who calculated it and his testimony is strictly based on hearsay evidence. Unless the actual officer who calculated my speed is in court today to testify, I motion for a dismissal. Change it around if the officer who is on the stand is the one who calculated your speed but not the one who pulled you over. There are some instances where the prosecutor will request for a continuance to allow the second officer to show up. More than likely the judge will grant his request unless you object. DEFENDANT I object Your Honor. The trial is today and I have missed work and pay to be here. I also have come prepared to defend myself and had expected the same level of professionalism from the prosecution. If the prosecution has come unprepared then that is their own fault and not mine and I should not be the one to suffer as a result. I object to any more time given to the prosecution and ask that this case continue. The judge will more than likely not allow a continuance, but it is extremely important you object immediately when the prosecutor requests for additional time. If you dont object, your silence will be taken as acceptance of the motion and the judge will grant a new trial.
SCENARIO #2
The next thing I would attempt to do in the courtroom is to attack the accuracy of the timing device used. DEFENDANT Officer, this VASCAR timing device used to calculate my speed has it been properly calibrated? If he says he doesnt know, I would continue with a motion for dismissal: DEFENDANT Your Honor, higher courts mandate that if a speed measuring device has been used in the calculation of a defendants speed then this device must be properly calibrated. Since the officer doesnt even know whether or not this calibration has taken place, I motion for a dismissal as the officer can not testify, to a legal degree of certainty, the VASCAR device used to measure my speed has been recently properly calibrated. If he says yes, I would continue with the next question. DEFENDANT Could you submit forth the proper documentation proving this? If he doesnt have it in court with him I would continue with a motion for dismissal: DEFENDANT - Your Honor, higher courts mandate that if a speed measuring device has been used in the calculation of a defendants speed then this device must be properly calibrated. Since the officer doesnt have the proper documentation to prove the VASCARs accuracy, I motion for a dismissal as the officer can not testify, to a legal degree of certainty, that the VASCAR device used to measure my speed has been recently properly calibrated. If he does have calibration documentation, ask to see it and review for the following items: 1. Original Document (Best Evidence Rule) 2. The documentation is for the exact VASCAR unit in question. Match serial numbers. 3. The person who conducted the calibration was certified to do so. 4. The calibration was conducted within a certain time frame. This may differ from state to state. Basically, if it is over a year
old it is too old and inadmissible. Refer back for the proper way to handle a verification. If everything seems to be okay, continue with the next line of questioning.
SCENARIO #3
In this scenario, you will challenge the officers location of where he was standing at the time he clocked your speed. DEFENDANT Officer, where were you situated at the time you calculated my speed? If he says he was in between the two marker posts, skip down to Scenario #4. If he says anywhere else other than directly between the two marker posts I would continue with the next question. OFFICER I was situated parallel to the second marker (or line). He may also say he was parallel to this first marker. It doesnt really matter too much. What you want to establish is that he was not directly between the two markers. DEFENDANT Officer where would be the best position to situate yourself to receive an accurate reading with VASCAR? Hopefully he says directly between the markers. If he does. DEFENDANT Then why werent you in this position when you calculated my speed? By now, it doesnt matter what he says. Youve just established enough doubt that his calculated speed was not accurate. DEFENDANT Officer, which part of my vehicle did you use as a reference to where I crossed the two markers? Its almost always the front bumper. DEFENDANT Being that you were not situated directly between the two markers on the ground, how can you, to a legal degree of certainty, testify that your calculated speed was accurate? Again, it doesnt matter what he says. DEFENDANT Officer, being that you were not situated between the two markers didnt your angle of where my front bumper crossed the first marker (or second marker depending on his previous answer for question number 1) distort your observation? DEFENDANT How can you be so sure you started the VASCAR device at the exact moment I crossed the marker since you were situated at such an
extreme angle? DEFENDANT In order to calculate an accurate reading, doesnt VASCAR speed measurement require you to be between the two defined markers on the road? Now hes done for. He wont have much to say, or at least what he says will not be enough to convince the judge he did in fact calculate in accurate speed reading. When he is done fumbling around for the correct answer to give, I would turn to the judge and motion for a dismissal: DEFENDANT Your Honor, through the officers own admission he was not properly situated between the two posted markers. As a result, his angle of where my front bumper and the first (or second) marker met was extremely distorted. Therefore he can not, to a legal degree of certainty, testify that his speed calculations are correct. To operate VASCAR it is essential that his timing be accurate. We do not have clear and convincing evidence to this fact and I motion for a dismissal.
SCENARIO #4
Lets say the officer happened to be situated between the two markers. Now it is time to attack whether or not the actual distance between the two markers were accurate. DEFENDANT Officer, what is the distance between the two markers on the ground? If he says he doesnt know, I would motion for a dismissal: DEFENDANT You Honor, it is obvious that if the officer does not know the correct distance between the two markers then he could not have accurately calculated my speed. Since the officers defense is solely based on a timing device which uses a mathematical formula (speed = distance/time) the distance between the two markers is crucial evidence. Since this basic information is not known, I motion for a dismissal. If he does give a distance. DEFENDANT How was this distance measured? Who measured it? If he says he measured it (which is usually the case) and some type of tape measure was used I would follow up with the next question. DEFENDANT What type of tape measure did you use? Any answer is fine. DEFENDANT Was this tape measure approved by the Department of Transportation (DOT)? If he says yes, have him show proof. If he says he doesnt know for sure but he believes it is. DEFENDANT Im not asking you what your beliefs are, I want a definitive yes or no answer. And if your answer is yes submit the proper documentation that proves your claim. Since he has already admitted that he is not sure of its certification with the Department of Transportation it would be foolish of him to say yes. If he does say yes I would follow up with this next question. DEFENDANT Officer, didnt you just testify that you were not sure if this tape measure used to measure the distance between the two markers has
been approved? OFFICER Yes but. DEFENDANT Now you are testifying that you are sure? DEFENDANT Well, which is it. Either you know or you dont know. DEFENDANT Submit to the court the proper documentation proving that this tape measure is approved by the Department of Transportation. You can bet he doesnt have this documentation handy in court. When he says he doesnt, I would motion for a dismissal. If he says someone else measured the distance I would follow up with this next question: DEFENDANT Officer, what is the name of this person who measured this distance? OFFICER Officer Ramon. DEFENDANT Is Officer Ramon in the courtroom today? You can bet he is not. OFFICER No he is not. When he says this second person is not in the courtroom, I would motion for a dismissal: DEFENDANT Your Honor, since someone else has conducted the measurements between the two markers and that person is not here to testify as to the way they measured it and whether or not the measuring device used was approved by the Department of Transportation, the officer can not testify as to the length between the markers. This is obvious hearsay testimony. I motion for a dismissal. If the officer says the exact measurement between the two markers has been documented, have him produce this document to the court. DEFENDANT Officer, you claim that you know the distance between the two markers because it is documented somewhere. Correct? DEFENDANT Then would you submit this documentation to the court? Again, the officer does not have this documentation with him in court today.
Hes never that prepared and neither is the prosecutor. If and when he can not submit this document to the court, motion for a dismissal: DEFENDANT Your Honor, the officer claims the exact distance between the two markers are documented in some type of report. His testimony is of little relevance unless he can produce this exact document right now. Since he can not, I motion for a dismissal.
Final Remarks:
You may use this VASCAR Defense in conjunction with the MUTCD Defense further below. Ask for a traffic survey if all else fails. You may begin your line of defense with the MUTCD Defense or you may start with the defense you see here and if the judge still has not dismissed the case you can start asking for a traffic survey for the particular stretch of road you were caught speeding.
EXAMPLE Its a warm, dry and sunny day in your city. The sky is clear and visibility is at a maximum. Youre traveling on the highway to Sunday church. Right before you reach your exit, you get pulled over for speeding. The officer says you were doing 75 mph in a 65 mph zone and gives you a ticket. If your jurisdiction or state has a presumed speed law, you could easily have this ticket dismissed in court. Because all four conditions have been met: 1. Road conditions favorable (dry and sunny day) 2. Weather conditions favorable (sky clear and no rain or snow)
3. No pedestrians (traveling on highway) 4. Actual speed favorable (only exceeded a 65 mph limit by 9 mph) 5. Plus you have a bonus; the fact that it was Sunday morning also shows that traffic was light at the time (I might also point out that all of the above conditions don't necessarily have to be met to legally speed, but the more the better.) The above example gives you a good idea of what type of conditions must be met in order for your defense to work in court. Now would be a good idea to take pictures of the general area and roads to show how dry and clear conditions were. If you can prove some or all of the above factors, you may convince the judge you were in fact conforming to the law. Look at your speeding ticket and see what the officer has written down as for visibility, weather, traffic and location. See if it suggests ideal conditions were present that day. After the officer gives his testimony, start with this line of questioning: DEFENDANT - Officer, to the best of your knowledge, can you describe the weather conditions that day? OFFICER - Well, as I can remember it, it was a bright sunny day. DEFENDANT - Were the roads wet? OFFICER - No. DEFENDANT - How about the traffic that day? OFFICER - It was pretty light at the time I stopped you. DEFENDANT - Were there any children, students, or bystanders anywhere in the vicinity? OFFICER - No, you were stopped on the highway. DEFENDANT - Your Honor, the officer has just testified that the roads were dry, traffic was light, the visibility was clear and there were no children or bystanders in the immediate area. Plus, I was clocked going only 10 mph over the limit. Based on the presumed speed limit
code VC - 88796 (or whatever it is - check with your local law library or the internet), this puts my driving at an acceptable speed in the eyes of the law and I motion for a dismissal. Before using this line of defense, it's important that you were not clocked traveling at a high rate of speed. Only use this defense if ideal conditions were present and you weren't traveling more than 10 to 15 mph over the limit.
MUTCD Defense
I suppose you can say I saved the best defense for last. This is the infamous MUTCD defense that every cop, traffic court judge and prosecutor absolutely hate. This defense works in every state, but it is exceptionally useful in states which have decriminalized speeding tickets. In these states the standard of proof is by preponderance of the evidence which also means you sometimes will be denied your lawful rights to contest the evidence against you. If the officer on the stand says you were speeding in one of these states, then in the eyes of the judge. you are guilty. End of case. My suggestion to you is to first contest the evidence using the previous defenses. If they stop you from doing so, I would continue with this defense. The wonderful thing about this defense is that you will not be contesting any of the evidence against you. I dont care if the prosecutor has piles and piles of documents to prove your guilt, they will mean absolutely nothing when you are through implementing this strategy. In essence what you will prove to the court is that all of their evidence along with the officers testimony are without merit because you are going to easily show that the officer never had any legal authority to conduct speed enforcement on the particular highway or stretch of road you were allegedly caught speeding. The previous defenses I have given are definitely good ones and anyone (regardless of which state they are in) that uses them properly can win their case. However, it is with this particular defense that I can almost assure you will win. Heres how it works.
Speed Survey
Before any police officer in any state in this country can perform speed enforcement (whether it be radar or laser), the highway or road must first have a speed survey conducted. This speed survey may go under a different name in different areas of the country. Some call it an engineering survey, speed study, or engineering study. Whatever it may be called in your neck of the woods, its purpose remains the same. It is a federally mandated procedure which determines the proper
speed limits to place on roads. Without this survey being conducted on every publicly traveled road (only exceptions are MAXIMUM state speed limits), no law enforcement agency has the right to perform any speed enforcement on that particular road. This is specifically mandated in the Manual of Uniform Traffic Control Devices (MUTCD). This particular manual will be your best friend in court. It literally dictates to every state in the country what should and shouldnt be done when it comes to traffic issues. The MUTCD is the national standard for all traffic control devices installed on any publicly traveled street or highway in the country. Note that the MUTCD is a federal document and supersedes any and all traffic control manuals that individual states may have in effect. It is the top dog and no other manual can come before it.
The Manual on Uniform Traffic Control Devices (MUTCD) is incorporated by reference in 23 Code of Federal Regulations (CFR), Part 655, Subpart F and shall be recognized as the national standard for traffic control devices on all public roads open to public travel in accordance with 23 U.S.C. 109(d) and 402(a).
The decision to use a particular device at a particular location shall be made on the basis of either an engineering study or engineering judgment. Jurisdictions with responsibility for traffic control that do not have engineers
on their staffs should seek engineering assistance from others, such as the state transportation agency, their county, a nearby large city, or a traffic engineering consultant. Translation: The first sentence says that an engineer must conduct the traffic survey. The second sentence says that if a city does not have an engineer then they are not exempt from using one. They must hire one from a nearby city or from a state transportation agency. This will be your basis for the attack.
23 CFR 655.603 adopts the Manual on Uniform Traffic Control Devices as the national standard for all traffic control devices installed on any street, highway, or bicycle trail open to the public. When a state or other Federal agency manual or supplement is required, that manual or supplement shall be in substantial conformance with the Manual on Uniform Traffic Control Devices. Translation: This says that no state can make up their own manual. If they do, it has to conform exactly to what is inside the MUTCD. No exceptions!
Standard #2 Guidance A statement of recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgment or engineering study indicates the deviation to be appropriate. Translation: This says that while not everything in the MUTCD Manual is mandatory, it will have to be proven by way of an engineering study why a state or local city chooses not to conform to the rules. Simply not doing something because of specific conditions that may exist is not enough. They have to have an engineering study proving that their way is better. So, if the judge or prosecutor says that specific conditions existed at the time that allowed the city to do something a different way, then you should ask for an engineering study that proves so. Failure to produce this study is immediate grounds for a dismissal. It is essential the speed survey was done. If it wasnt (or if it wasnt done according to the law) you should have no problem dismissing your case, regardless of where you live. Have you ever wondered where speed limits come from? I mean, who
determines the exact limit to put and how do they come to this conclusion? Well, thats the whole idea of the speed survey. It is an engineering study (carried out by licensed engineers) which follows a stringent procedure to determine what would be the safest speed for vehicles to travel on a particular highway or publicly traveled street. Heres what they do: First, an ideal location is chosen on the street or highway to begin the survey. Second, surveillance on the side of the road is set up. This can be either a police officer or engineer with a radar gun or what is called a radar trailer. Lastly, a speed measurement of about 100 cars is carried out. Afterwards, they will take the average speed that 85 of these cars were traveling and create a speed limit based on this average speed. This is essentially what is called the 85th Percentile. It is the standard in traffic engineering. Ideally, this is how a speed survey is conducted and only after this has been done can a police officer begin speed enforcement on that road. And this survey must be done every 5 years if the road has had any major changes. So if the road has had significant changes and no new survey has been conducted, it is as if a speed survey was never done and no police officer has the right to perform speed enforcement until a new survey is conducted. Your first mission is to get a copy of the speed survey for the particular stretch of road you were caught speeding.
Very Important: If anyone tells you there is no survey for the location, make sure you get that in writing. If a DOT employee tells you this, get their name and take a trip down there. Ask for this person and ask for a letter stating that no speed survey is available for the location you are interested in. Make sure it is on DOT letterhead. The judge will accept nothing less.
Occasionally you will find that someone will tell you that no speed survey exists for your road. DO NOT take their word for it. Get names, titles and have them make it official by putting it in writing. If a speed survey does exist, but you are denied access to it, then this is illegal. It is illegal because a speed survey is considered a matter of public record and you have every right to obtain a copy. The Freedom of Information Act (FOIA) guarantees your rights to access of this type of document. They may say the speed survey is an exception to the rule. Hogwash! It is not. You are a tax paying citizen with every right to obtain this document and if you are denied access to it, this is not only illegal, but it carries a minimum $1,000 fine to any organization that denies you access. No state is exempt from the FOIA. They MUST give you a copy of the speed survey.
9. Direction of Travel North, East, South, or West (One will be circled) 10. Number of Vehicles Surveyed 11. Person Surveying Name of person conducting the survey and title. 12. Compliance Total Total number of vehicles in compliance with posted limit. 13. Agency The agencys name 14. Percent Compliance Record of percentage in compliance by dividing the total number of vehicles into the total number of vehicles in compliance to obtain the percentage in compliance. 15. Speed Measuring Device Used Radar, Laser, etc.
Ever noticed those speed trailers on the side of the road (like the one in the picture)? Well, if you ever see one of these then it is safe to assume that they are conducting a speed survey on that road. This is the most common way that a speed survey is conducted. But, there is actually something very sneaky going on here. If you notice, the speed trailer displays your speed in very large numbering. Do you know why they do this? Its actually a very shrewd way to abuse the system and not be in violation of the MUTCD rules. What does everyone do when they see this speed trailer with their speed clearly displayed in very large numbering? Of course, they slow down. And by slowing down, the city succeeds in creating abnormally low speed survey results.
Most people upon seeing this speed trailer will slow down by several mph. In doing so, they will also lower the average speed on that street. This will allow the city to justify putting lower than normal speed limits. After all, they are going by what the average speed is on that street. Lets say the speed limit on the street is 35 mph. Lets also say you are traveling at 37 mph. When you see your radar reading you will automatically reduce your speed to about 30 mph. This will in turn substantially lower the 85th percentile for that street. The lower speed will make its way to the engineers calculations and you will have unknowingly contributed to falsely lowering the speed limit. But, if your speed was not displayed, chances are good that you would continue to drive your normal speed and not give it a second thought.
Another way that city engineers can manipulate the system is by conducting the speed survey before, during, or right after a curve in the road. By doing so, they succeed in falsely lowering the average speed (85th percentile) on that road. Everyone slows down for curves. Its common sense. So, they will set up a speed survey right by a curve in the road while everyone is slowing down an average of 10 mph lower then they would immediately after the curve. So, instead of a valid 35 mph speed limit, the survey will show the speed limit should be 25 mph.
Hills are another favorite place to lower speed survey results. Normally what they will do is set up the speed survey on the upward slope of the hill. Most cars are not going too fast up a hill. As a result the average speed of the vehicles is once again lowered. However, most of the speed enforcement is on the opposite side (downward slope) of the hill where most if not every car will succumb to the basic laws of physics and speed up. Yup, you guessed it. this is a speed trap!
Many roads and highways can become extremely congested during certain
times of the day. Be on the lookout for a survey conducted during morning and evening rush hour. Traffic is normally slower during these times which also give abnormally low 85th percentiles.
After the survey has been conducted, whatever average speed was derived, the speed limit must be within 5mph. If the 85th percentile was 37 mph for instance, then the MUTCD has regulated that the city must use a speed limit within 5 mph. However, you will almost always find that your speed limit is not within this mandatory 5 mph range. This is illegal and grounds for an immediate dismissal. Heres what the MUTCD 2003 Edition has to say about this:
Within 5 MPH
When a speed limit is to be posted, it should be within 5 mph of the 85th Percentile speed of free flowing traffic.
Court Time
Okay, youve got your survey and now you are in court. The fact that you have done your homework and obtained a copy (and hopefully evaluated it for any discrepancies) puts you way ahead of the game. I would venture to say that at least 95% of the time the officer or prosecutor will not bring a copy with them. They dont bring it because they dont think they need it. However, you are going to make them wish they did have it. The following is a sample of how I would go about questioning the officer. You may use my questions word for word or change them around a bit to better suit your situation. DEFENDANT Officer, do you know if a speed survey was conducted on the particular stretch of road I was allegedly caught speeding? If he says he doesnt know or if hes not sure, I would motion for a dismissal: DEFENDANT Your Honor, the federal government has mandated that all federally funded streets and highways in this country must have a speed survey conducted before any officer of the law can perform speed enforcement on it. The officer has just testified that he does not know whether or not this survey was in fact conducted. Unless he can provide evidence to prove that it was, I motion for a dismissal. If the judge asks where does the federal government say this, I would say: (Important: Write it down and read it word-for-word) DEFENDANT Your Honor, the Federal Highway Administration publishes a manual called the MUTCD. The MUTCD is adopted by reference in accordance with title 23, United States Code Section 109(d) and Title 23, Code of Federal Regulations, Part 655.603 and is approved as the national standard for designing, applying, and planning traffic control devices which includes speed limits. If the officer says that it has been surveyed DEFENDANT Then would you submit this survey to the court, Mr. Officer? If he doesnt have it, motion for a dismissal (same as above). If he does have it (very rare), I would continue as follows:
Remember, you already obtained a copy of yours so you know whats on it. Now, your main objective is to attack the numerous discrepancies that can occur. By having examined your copy beforehand, you already know of any discrepancies and should start your line of attack with the biggest ones. But, before you begin, make sure the speed survey is an original and for the same stretch of road you were caught speeding. Remember that speed surveys are conducted in certain blocks of addresses. If the officer submits a speed survey for the 2000 block of Ridge Rd. but you were clocked on the 1000 block of Ridge Rd., I would motion for a dismissal. But, you must first ask to see it. I would check to make sure that it is in fact for the same stretch of road you were caught speeding. If it is, hand it back to the officer.
Discrepancy Defenses
No Licensed Engineer:
DEFENDANT - Officer, is it true that a licensed engineer must conduct or at least supervise the survey? OFFICER Yes. Now I would motion for a dismissal: DEFENDANT Your Honor, the MUTCD has mandated that a licensed engineer must conduct or at the very least supervise the survey. This survey the officer has submitted was not signed by a licensed engineer making this survey invalid. I motion for a dismissal.
OFFICER Actually there is. Note: If he is not sure or he says there is not, it may be a wise idea to take a picture of the curve and bring it with you to court. DEFENDANT Would you say that traffic generally slows down when going through the curve? OFFICER Sure. DEFENDANT Officer, is it possible that the speed survey, since it was conducted in the 1500 block of Ridge Rd. where the curve is situated was actually conducted before, during, or immediately after the curve? Now, the officer may say yes, maybe, or no. But more than likely since it is a definite possibility and the officer does not have first hand knowledge of it not being conducted by the curve, he will say yes. OFFICER Sure, I guess. Now I would motion for a dismissal: DEFENDANT Your Honor, the whole purpose of the speed survey is to establish a relative speed that is both safe and fair for the driving public. This means that in order for the survey to be deemed as accurate, the survey must not have been conducted near areas that would tarnish the speed surveys results by giving a falsely low 85th percentile. The 1500 block of Ridge Rd. does have a curve in it. The officer has just testified that it is quite possible the survey was conducted near the curve which in itself could very well give a falsely low 85th percentile since all vehicles going through the curve would have substantially lowered their speeds. Unless the officer can prove this did not occur, I motion for a dismissal. On the other hand, the officer could say that it is not possible for the speed survey to have been conducted near the curve. OFFICER No, the survey could not have been conducted near the curve. DEFENDANT How do you know this? OFFICER I dont, but Im assuming that the engineer would know better. DEFENDANT Mr. Officer, Im not asking you for your speculations or beliefs. Do you have first hand knowledge that this survey was not conducted near the curve?
OFFICER No I do not. (The only answer he can give.) Now I would motion for a dismissal similar to above. You can continue with any other discrepancies on the speed survey. Formulate a defense by using the previous pointers. The possibilities are endless.
The Judge, Police Officer or Prosecutor May Say the Road You were Clocked Speeding is Exempt from the MUTCD Rules and Regulations:
Occasionally you may find that a hard nosed judge or prosecutor will tell you the MUTCD is not applicable for your case and as such, no speed survey need be conducted. Or they may say something to the effect that they go by their state manual instead. First, I would mention the MUTCD is a federal document that supersedes any local or state manuals. Next, I would tell them the MUTCD states that ALL publicly traveled roads must have a speed survey conducted. The only possible exception is a road with the states MAXIMUM speed limit (65 or 70 mph). Or a road that is not a through street (this type of road does not need a speed survey because of the lack of traffic. An example would be a cul de sac.) Heres an example of what I would say: Your Honor, the MUTCD is a federal manual that no state is exempt from using. It supersedes any and all state or local traffic manuals. The MUTCD does not distinguish between roads and specifies that ALL publicly traveled highways and streets must have a speed survey conducted. Its written in very plain English. Why the prosecutor (or police officer) says the road I was allegedly clocked speeding is exempt from the survey is beyond me and totally false.
You Ask For the Speed Survey and the Judge or Prosecutor Tell You the Officer Is Not Required to Bring It:
Okay, here we have a very important issue. Technically speaking, the officer doesnt really have to bring the survey to court with him because it is not actual evidence to the crime youve committed. It is not the same as asking him for the radar calibrations. The radar calibration is actual evidence against you and should be brought to court. Its the foundation for the radar guns accuracy. However, the speed survey is not actual evidence. This is why you should bring your copy with you. When the judge says the officer doesnt have to bring the speed survey to court, I would just mention to him that you have brought your own. Also, in this instance it may be a good idea to petition or subpoena the speed survey. This is an exception to what Ive been telling you all along. You DO NOT want to subpoena the radar guns calibration records because it is evidence against you and the prosecutor or officer should bring those without any subpoenas. However, it might be in your best interest to subpoena the speed survey. This way when you ask for it and they do not have it, this will allow you to be granted an immediate dismissal. Contact the court clerk for the correct form to use when subpoenaing the speed survey. Tell him/her you want to make a subpoena duces tecum (pronounced dookis takem). Just make sure you mail it by registered mail (so they can sign for receiving it) and bring a copy of it with you to court so that you can show the judge that you did in fact do it. The wonderful thing about subpoenaing the survey is the very likely chance they will still fail to bring it to court. If they do, you should be granted a dismissal.
you went to) and they told me I was not allowed to have a copy of the speed survey. This is in direct violation of the Freedom of Information Act and I have filed a complaint. The speed survey is an essential piece to my defense and without it I am unable to reasonably defend myself. I ask that this court be continued to a later date until I can get a copy of the speed survey. Its essential that you did in fact file a complaint. No sense in lying in court. To file a complaint visit the FOIA website at http://www.usdoj.gov/04foia/. Bring the complaint document with you to court to show that you did in fact file a complaint. This will give the judge more incentive to postpone the trial to a later date. If you would rather not postpone your trial, I would still go on with the trial and ask the officer to present a copy of the speed survey. If he does not, I would motion for a dismissal. If he does have it, I would motion for 5 to 10 minutes so that you can have time to look over it. Dont forget to mention you were denied a copy, so that you will have good enough reason for the delay. Speed surveys arent that long and when you know what to look for it will only take about ten minutes to find any discrepancies. Remember, almost all speed surveys have at least one major discrepancy that will make it invalid.
PART 3
The Finale
Playing Unfairly
Evidence Concerning Testing and Calibration
Your biggest battle in the courtroom will be to challenge the accuracy (testing and calibration) of the method used to clock your speed. You may find the judge or prosecutor adamantly trying to deny your right at receiving a fair trial by not allowing you to request the testing and calibration documents. If the judge or prosecutor says evidence regarding the testing or calibration of the device used is not important and the officers testimony will suffice, you should say. Your Honor, higher courts have ruled that if brought up by the defense the evidence regarding testing and calibration must be proven. The states case against me is based on the fact that a reliable method of speed detection was used to clock my speed. If that is true, Im merely trying to get the state to prove the device was accurate. The officers testimony says it was, but proper foundation must be presented also, to prove with a legal degree of certainty that it was accurate.
Subpoenaed Evidence
If the judge says you should have subpoenaed the prosecutions evidence before your trial. This also includes the speed survey if you didnt subpoena it. You might say....... Your Honor, if the prosecution wanted to prove their case against me, these documents should have been brought to court. Building proper foundation as to the evidence submitted is essential for the prosecution to prove its case. Im sure the prosecutor knows this and if these documents were not brought here today, its his fault and not mine. Its not my job to tell the prosecutor what to bring to trial.
Line of Questioning
If the prosecutor feels your cross examination of its star witness is damaging his case against you, he may attempt to halt your efforts. He may try to throw you off your rhythm. One way to do this is to make objections towards your line of questioning. If the prosecutor objects to the way you are asking questions, just tell the judge you are sorry and you ask for a little leniency when it comes to your legal knowledge. Your Honor, I apologies if my line of questioning is unacceptable to the court. I will try my best to rephrase my questions and ask the court show a little leniency being that I am not an attorney. You are a layman and your request will be granted. This should prevent the prosecutor from making any further objections.
New Evidence
Object if the prosecution attempts to submit new evidence after it has rested its case.
Eye Witness
Object if the prosecutor attempts to get someone to testify that was not an eye witness to the alleged violation. This happens a lot with photo radar devices.
No Witness
Object if the prosecution tries to obtain a continuance due to their star witness (police officer) not being present.
Hearsay
Object if a witness is trying to testify on behalf of someone else. This especially happens when the police officer testifies that someone else calibrated the radar/laser gun.
More Time
Object if the prosecutor asks for more time to get the evidence you are requesting.
Irrelevant
Object to anything not relevant to the case. If the officer or prosecutor brings up your DMV record, it has absolutely nothing to do with this trial and may make the judge biased when rendering his decision.
Speculation
Object if the officer or prosecutor says something they could not have possibly known. If the officer testifies that you saw the speed limit, he is testifying to something he cant prove. Dont allow him to speculate. Objecting to the right thing at the right time can be very beneficial to your case. You dont want the prosecution to win by cheating. Inside the courtroom its only you that can keep the prosecution in line. The judge will never prevent the prosecution from doing something unless you bring it up. Objecting is your right, but dont over do it. Only object if the previous examples warrant it. Objecting too much will slow down the trial and hurt your case. Only object if you have a valid reason to. Otherwise, keep quiet and let the trial proceed.
Leading Questions
When someone is asking a leading question, they are doing so with the intent to get a specific answer. This is generally not allowed in court. Often times a leading question will have part of the answer in it. For example....
Leading:
Not Leading:
What did you tell the defendant to do? The way you phrase a question may not be too much of an issue, because the judge knows you are not an attorney. If you notice the prosecution asking leading questions, dont object to them. They wont be damaging to your case. Allow the prosecutor to ask any question any way he likes. In the end, Beat the System will prevail. Remember one important fact. While cross examining a witness, the one cross examining is allowed to ask leading questions. It is only during direct examination (when the prosecutor is asking the officer questions) that asking leading questions is not allowed. If while cross examining the police officer, the prosecutor objects to your line of questioning (leading questions) just tell the judge you are allowed to ask leading questions during cross examination. This should make the prosecutor back off a bit.
If the judge decides that he will act as the prosecutor in this case, I would OBJECT: Your Honor, with all due respect, it is unconstitutional for you to act as judge and prosecutor. You sole purpose is to act as a neutral and unbiased figure in the courtroom and you can not accomplish this by taking a double position as a judge and prosecutor. I motion for a dismissal. If motion denied. Your Honor, I ask that the record show my objection towards you acting as prosecutor and judge. I also ask that this case be moved to a higher court. If he still denies your request, just go on with the trial. If you happen to lose, you have a great chance for winning an appeal based on your objections. If the judge says the officer will be acting as prosecutor, OBJECT: Unless the officer holds a law degree and is allowed to practice law in this state, I object to him acting as a prosecutor. He is the witness against me and has not been hired to represent the states case. Besides, if he will be acting as prosecutor, he can not call himself to the witness stand and can not direct examine himself. I motion for a dismissal. If your case is dismissed, then you can go home. If not you will have to continue with the trial. But, by having made all of these objections, you now have a better position in the courtroom as opposed to having made no objections at all.
Helpful Tips:
If you are continuing the case without a prosecutor present, there are some things you should keep in mind. The first thing you should remember is that the police officer is a witness against you and technically can not enter anything into evidence. If he does, OBJECT: Your Honor, the officer is a witness in this court case and as such can not enter anything into evidence. This procedure is to be handled by a prosecutor. Since the state has chosen to continue this case without a prosecutor, I object and ask that this evidence be inadmissible. Although the judge has the highest position in the courtroom, there are certain things that he can and cant do.
What What
the Judge CAN Do Ask you questions pertaining to the case Present himself as a neutral unbiased figure in the courtroom See to it that your rights are not violated the Judge CAN NOT Do: Make any motions whatsoever Make any objections whatsoever Make any objections to your motions Enter anything as evidence Make opening and closing statements
If you find the judge doing anything he is not allowed by law to do, you must object. If you dont, it will be perceived that you have no disagreement with the way the judge is presenting himself and this will hurt your chances at getting an appeal. Its very important you do not lose your cool in a trial without a prosecutor present. You will handle the case much like you would a case with a prosecutor. However, it becomes very important you prevent the judge and police officer from doing things they normally would not do if a prosecutor were present. Always make objections when they do something they are not allowed to do. Even if your objections are overruled, it seriously hinders their normal course of operation. By objecting, you are essentially letting the judge know you will not be taken for a fool. Its important to object immediately. If you go on with the trial with no objections, it is assumed that you have no complaint about the way the trial is being handled. When you go to appeal, the appeal may not be accepted based on the fact that you did not object in the first place. If the judge or police officer does something they are not allowed by law to do, but still continue to do so, a reversal upon appeal is almost guaranteed.
Magistrate
A magistrate is considered a civil officer hired to help handle lower and less important court cases where jail time is not an option. Usually he will serve a four year term and can be reappointed. He will try to act high and mighty while sitting on his throne. But in all reality, most magistrates havent even stepped foot inside a law school. Magistrates have no power to take any action unless authority has been expressly conferred by statute. Magistrates have the following powers:
To To To To To To To
issue arrest warrants. issue search warrants. admit to bail or commit to jail. issue warrants and subpoenas. issue civil warrants and pre-trial levies and seizures. administer oaths and take acknowledgements. act as a conservator of the peace.
offenses. To issue emergency custody orders. To issue temporary mental detention orders. To issue medical emergency custody and temporary detention orders. To issue emergency protective orders. To issue out of service orders.
As a general rule, magistrates may exercise their authority only within the borders of their judicial district.
Issue subpoenas, summonses and warrants, including search warrants Receive affidavits, declarations and affirmations Administer oaths Conduct bail hearings Release defendants on judges orders and explain rights and obligations Hear evidence at trials on summary conviction offences and may preside over trials of criminal offences at the discretion of the chief judge of the jurisdiction or as provided for in federal, provincial or territorial statutes Perform civil marriages.
Commissioner
A commissioner is usually more educated on the law than a magistrate or justice of the peace. They too are appointed to hear less severe court cases (like traffic). Before your trial, the one presiding over the case may be introduced as either a circuit court judge, magistrate, justice of the peace or commissioner. Its important for you to know this information.
In the event you get found guilty by anyone other than a real circuit court judge, you have the right to appeal your case to be heard in front of a real judge. They CAN NOT deny you this right. It acts as a second chance for you to have a fresh new trial. In the event the person presiding over the case is not introduced, simply ask someone (lawyer or court clerk) who it is presiding over the case. If they say anyone other than a circuit court judge, then you know that whatever ruling is handed down, you have the legal right to have a new trial. Just make sure you file an appeal that same day. There are time limitations for filing an appeal, so its recommended that you file an appeal immediately! After you get found guilty, heres what you should say. Appeal: I appeal this courts decision and request a new trial as required by law in front of a real circuit court judge.
Appealing
If after all your strong efforts to defend yourself, you still wind up with a guilty judgment, all is not lost yet. You have a right to appeal your case to a higher court. If in fact the prosecution failed to submit crucial evidence pertaining to their case and the judge still found you guilty, a higher court can overthrow the judges decision. There are some pros and cons to filing for an appeal. You will want to consider them before you carry out the appeal process. If you feel you were treated unfairly and the judge did not grant a dismissal when he should have, filing an appeal may be the right choice.
PROS:
Suspend all action against you until the verdict from the higher court is given.
Guaranteed to win if you have a good case. The word if is a very big if. If reasonable doubt was clearly established by you during the trial (in a criminal case), an appellate court should reverse the original verdict or at least give you a new trial.
CONS:
Deals with too many confusing legal procedures, so often times the services of a lawyer must be hired.
Lawyers dont come cheap, so you will want to weigh your options considerably. Generally speaking, if were talking about your first speeding ticket in a few years, it may be wise to just accept it as an unfair loss and get on with your life. Its not worth the trouble and expense to file an appeal under this circumstance. If your license is at stake, youre accumulating too many points, or jail time is a possibility, you just may want to continue on with the appeal. Consider it a last chance effort. Only file for an appeal if you have a good chance of winning. No sense in spending time and money on a winless case. If you are planning on going through with the appeal, you had better do it
quick. There is a statute of limitation on filing for an appeal, which means you only have so long to file for it. The exact time is different across the country. In some places its 10 days and others its 30 days. The best way to find out is to ask the judge how long you have. Hell be glad to tell you. And go to the clerks office for the proper documentation and procedures. The following should help you some more: An appeal is not a retrial and you will not be permitted to introduce new evidence. You must file your Notice of Appeal with the clerk of the trial clerk (usually within 30 calendar days after the rendition of the judgment). In some states, you must prepare a proposed statement to provide a complete record on appeal. The proposed statement usually contains: 1. Grounds of an appeal a statement of the legal errors you believe were committed. 2. An official transcript or a statement of the evidence or trial procedures relevant to each of your grounds of appeal. If your trial was recorded, you may receive a copy of the recording. In some counties, a certified transcript of a trial may be available. Depending on where you live, the filing of an appeal does not postpone the payment of your fine or any other condition of the sentence. But then again in some states it does. If you decide not to go through with the appeal you must file what in some places is called an Abandonment of Appeal.
Bear in mind the preceding information is by no means conclusive for all 50 states. Each state has its own procedures for filing an appeal. You should consult with the court clerk for more state specific information.
Traffic School
Almost every state allows a person ticketed for some types of moving violations to attend a 6-to-8 hour course in traffic safety in exchange for having the ticket officially wiped from their record. Often attending traffic school is your best choice, even if you think you have a watertight defense. After all, while a trial is always something of a gamble, traffic school is 100% reliable in keeping the violation off your record. (As long as you remember to set your alarm clock, of course, and make it to the class.) Policies on allowing you to eliminate a ticket from your record by going to traffic school vary from state to state. (They can also occasionally vary within a state, where local courts have some discretion to set their own policies.) For example, in some states you can attend traffic school once a year, while in others you must wait 18 to 24 months before you can eliminate a new ticket with a new trip to traffic school. And in some states, you arent eligible for traffic school if youre ticketed for exceeding the speed limit by more than 15 or 20 miles per hour. Procedures for getting into traffic school also vary from place to place. Most courts allow you to sign up through the court clerk, but a few require that you appear before a judge to make your request. How a traffic school attendees ticket is handled is also different in different areas. For example, in some states, courts dismiss your case when proof is received that youve completed traffic school. In other states, courts require you to pay your fine (forfeit bail) with the understanding that the conviction will not be placed on your record if you complete traffic school by a prearranged deadline. Under this system you must pay twice once for the fine and again for the school. In brief outline, for those who are eligible, the advantages of attending traffic school are as follows:
As long as you show up, its normally a 100% sure way to keep a violation off your record. It reduces the possibility of your license being lifted or your insurance rates going up if you get new tickets, and
If you pay attention, your driving skills may improve. (Or you may be so bored that you will drive more safely to avoid another day in traffic school.)
It typically lasts six to eight hours. In many areas it is expensive. This is especially true if you are in a state where you must pay for traffic school plus the fine for the ticket. In some states, you can go to traffic school only once every 12 to 18 months. If you can beat this ticket, you can save the school option just in case you get a tougher ticket later on.
In some states, erasing a ticket through traffic school may be accomplished while sitting at home. For example, California is just one of a number of states where traffic courts authorize Internet-based traffic schools (they use tests and other devices to be sure you are paying attention). This trend is almost sure to spread. But be sure to check with the court in your particular area to make sure that an Internet-based program is acceptable. Do not pay any money to the traffic school unless you are sure the court accepts that particular schools program.
Closing Argument
Odds are, if you are using Beat the System to beat your ticket, you will never have to make a closing argument. Your case will be dismissed by then. However, it's still a good plan to have an idea of how to create one just in case. It would be virtually impossible for me to write a closing argument for all to follow. Everyones particular situation is different. Write your own closing argument using the following pointers: 1. Make it concise and to the point. 2. Mention that the states star witness has failed to submit crucial documents to make his case. 3. Mention that legal doubt has clearly been established. 4. Mention that the evidence against you has not clearly been corroborated by the prosecution. 5. If you used the MUTCD Defense, mention that no speed survey was conducted or if it was, that it had many discrepancies. Heres an example Your Honor, the prosecution has brought a witness to testify as to my guilt. The witnesses testimony is without credibility in the absence of proof that I was traveling at 75 mph. I have requested certain pieces of evidence from the witness to corroborate their testimony and they have failed to produce any. The radar gun used to clock my speed lacks proper foundation as to the accuracy of its workings at the time I was clocked. Reasonable doubt has clearly been established. I was not speeding and motion for a judgment of not guilty. Or if your trial is a civil matter: Your Honor, the standard of proof in this trial is preponderance of the evidence. I feel that all the evidence weighs in my favor as the officer has failed to back up his testimony with hard physical evidence as required by law. I have made numerous requests for additional evidence to show that the officer did in fact comply with the law when conducting his speed enforcement. He has failed to do
so and without this evidence we do not have convincing proof to a legal degree of certainty as to my guilt. I was not speeding and I ask that you give a judgment of Not Guilty. Your closing argument doesnt have to be fancy, just list the relevant points of your case that point towards your innocence. What was presented as evidence, what was not presented as evidence, what the officer said, didnt say, how the prosecutor conducted his case and a whole assortment of other things will determine what your closing argument will contain. Yes, it is somewhat difficult to think of a closing argument on the spot. But, the good news is that there is a 95% chance that you will not have to make a closing argument. By properly using the defense strategies in this book your case should be dismissed during the early stages of the trial.
Conclusion
Stay Focused
When you are in the courtroom, don't get distracted. Only have Beat the System on your mind. Clear out all outside influences and concentrate on what you came to do. You came to challenge the evidence against you. You are not here to proclaim your innocence or accuse the officer of lying. Everyone in that courtroom knows you are guilty of the violation against you, but you don't care. Unlike everyone else in the courtroom, you know it's the prosecution that will have to PROVE you're guilty.
Note Taking
You definitely don't want to walk into court without any notes. Good note taking prior to the trial is necessary if you want to win your case. Use note cards to write your questions on and as a guideline for how to respond to different answers from the officer. Youre allowed to directly read word-for-word from notes in court. The cards should contain the exact questions you wish to ask during cross examination and various motions for dismissal. Not only that, you should know how to reply to different yes and no answers from the officer. Dont forget that you can also print the relevant pages directly from this book and take them with you to court.
Do Your Homework
The key to winning your court case is preparation. The prosecutor will NOT do much when it comes to gathering up his case against you. You, on the other hand, should be doing the opposite. It's your money we're talking about here. A couple hours of work will be worth the effort, I promise you. When you step into that courtroom, you must have the mental confidence that you are going to walk out a winner. This confidence only exists when you understand the full scope of what you have to do. This is accomplished by practicing what you learn from this book. Many will just read and think they understand the rules of Beat the System. Come court time, they try to use the strategies and they lose their case. They lose only because they didn't practice.
Well, there you have it. Everything you need to beat any speeding ticket that comes your way. Let the whole world know that speeding tickets don't have to be such a nightmare. Beat the System is more than just an informative book, it's a study course. Study and relate to it. Keep your mind open to newer and better possibilities. Use the questions I have given or make up your own. If the situation calls for it, change some things around to better fit your situation. Traffic laws and courtroom procedures differ throughout the country. But one thing that does not change is the fact that the burden is on the prosecution to find you guilty and not for you to prove your innocence. This is the same no matter where you live throughout the country and it is the sole foundation this book was written on. The law actually works in your favor. The most important point you should have gotten from reading this book is that receiving a speeding ticket is not a hopeless situation. You can easily beat it in court. Confidence in yourself and Beat the System is essential in winning your case. With that I bid you farewell, safe driving and good luck in fighting your speeding ticket!
Damon Dallah
www.TrafficTicketSecrets.com
Glossary
Accused A person charged with a crime. Affidavit Any written document in which a person swears under oath before a notary public o someone authorized to take oaths (i.e., county clerk) that the statements in the document are true. Appeal To ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. Arrest To take or hold a suspected criminal with legal authority, as by a law enforcement officer. (For our purposes, arrest does not mean being handcuffed and taken to jail. It means being held during the traffic stop.) Best evidence rule The legal doctrine that an original piece of evidence, particularly a document, is superior to a copy. If an original is available a copy will not be used as evidence. Burden of proof The requirement that a plaintiff show by preponderance of the evidence that all the facts necessary to win a judgment are presented and are probably true. In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the accused beyond a reasonable doubt, a much more difficult task. Calibration To check, adjust, or determine by comparison with a standard (the graduations of a quantitative measuring instrument): calibrate a thermometer. Case in chief The main part of a partys case including arguments for which the party bears the burden of proof, but not including rebuttal. Case law Reported decisions of appellate courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents. Charge The specific statement of what crime the party is accused (charged with) contained in the indictment or criminal complaint. Continuance A postponement of a date of a trial, hearing, or other court appearance to a later fixed date by order of the court. County seat A town or city that is the administrative center of its county. Court A tem that is used not only to refer to the court house, but also the
judge o other officers of the court. Cross examination The opportunity for the prosecutor (or unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party. Defendant The party sued in a civil lawsuit or the party charged of a crime in a criminal case. Demonstrative evidence Actual objects, pictures, models, or other devices which are supposedly intended to clarify the facts for the judge or jury. Direct examination The first questioning of a witness during a trial. Discovery The process of obtaining information before a trial through demands for production of documents. Dismissal The act of a judge terminating a criminal prosecution or a civil suit. DMV Department of Motor Vehicles Evidence The poof presented at trial. Foundation The basis that is sometimes necessary before certain types of evidence can be admitted. Guilty Having been convicted of a crime. Inadmissible evidence Evidence that is not allowed to be presented in court. Judge The official who hears cases in courts. Judgment The final decision by a court in a lawsuit or criminal prosecution. Judicial notice The authority of a judge to accept as facts certain matters which are of common knowledge from sources which guarantee accuracy or are matters of official records. Jurisdiction Te authority given by law to a court to try cases and rule on legal matters within a particular geographic location. Layman (layperson) A person not a member of the clergy or of a legal profession.
Motion A formal request made to a judge for an order or judgment. Merger The act of combining two offenses into one. No contest A defendants plea in court that he/she will not contest the charge of a particular crime. Not an admission of guilt. Not guilty The plea of a person who claims not to have committed the charges he/she is accused of committing. Objection A protest of a legal correctness of a question which has been asked of a witness by the opposing party, with the purpose of making the trial judge decide if in fact the question can be asked. Offense A crime or punishable violation of law of any type or magnitude. Officer of the court Any person who has an obligation to promote justice and effective operation of the judicial system. Ordinance A statute enacted by a city or town. Plaintiff The party who initiates a lawsuit by filing a complaint with the clerk of court against the defendant. Plea The response by an accused defendant to each charge of the commission of a crime. Plea bargain A negotiation between the prosecutor and the opposing party. Preponderance of the evidence The greater weight of the evidence requied in a civil (non criminal) lawsuit for the trier of fact. Proceeding Any legal filling, hearing, trial and/or judgment in the ongoing conduct of a lawsuit or criminal prosecution. Proof Confirmation of a fact by evidence. Prosecution In criminal law, the government attorney charging and trying the case against a person accused of a crime. Prosecutor The generic term for a governments attorney in a criminal case. Rebut To counter, disprove, or contradict the oppositions evidence. Reversible error A legal mistake at the trial court level which is so significant that the judgment must be reversed by the appellate court.
Rule To decide a legal question or to make a judicial command, or any regulation governing conduct. Standard of proof The amount of proof required to find a defendant guilty. Statute A federal or state written law enacted by the Congress or state legislature, espectively. Stipulation An agreement, usually on a procedural matter, between the attorneys for the two sides in a legal action. Subpoena An order of the court for a witness to appear at a particular time and place to give testimony. Subpoena duces tecum A court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. Testimony Oral evidence given by a witness under oath. Transcript The written records of a proceeding. Trier of fact The judge or jury responsible for deciding factual issues in a trial. Trial The examination of facts and law presided over by a judge. Verdict The decision of a jury after a trial. The judgment of a judge is not a verdict. Waive To voluntarily give up something. Note: Not all of the preceding definitions were mentioned in this book.
Appendix
50 States Websites and Informative Information
ALABAMA Court Website: www.judicial.state.al.us Speed Detection Methods: Pacing, aircraft, radar, laser Speed Law: Absolute DMV Website: www.dps.state.al.us ARIZONA Court Website: www.supreme.state.az.us Speed Detection Methods: Pacing, VASCAR, radar, laser Speed Law: Presumed DMV Website: www.dot.state.az.us/MVD CALIFORNIA Court Website: www.courtinfo.ca.gov Speed Detection Methods: Pacing, aircraft, radar, laser Speed Law: Presumed and Absolute DMV Website: www.dmv.ca.gov CONNECTICUT Court Websites: www.jud.state.ct.us Speed Detection Methods: Pacing, aircraft, radar, laser Speed Law: Presumed and Absolute DMV Website: www.dmvct.org ALASKA Court Website: www.state.ak.us/courts Speed Detection Methods Pacing, radar, laser Speed Law Absolute DMV Website: www.state.ak.us/dmv ARKANSAS Court Website: www.courts.state.ar.us Speed Detection Methods: Pacing, radar, laser Speed Law: Absolute DMV Website: www.state.ar.us/dfa/motorvehicle COLORADO Court Website: www.courts.state.co.us Speed Detection Methods: Pacing, VASCAR, radar, laser Speed Law: Presumed and Absolute DMV Website: www.mv.state.co.us DELAWARE Court Websites: courts.state.de.us Speed Detection Methods: Pacing, aircraft, radar, laser Speed Law: Absolute DMV Website: www.delaware.gov/yahoo/dmv
DISTRICT OF COLUMBIA Court Websites: www.dcsc.gov Speed detection Methods: Pacing, Radar Speed Law: Absolute DMV Website: www.washingtondc.gov/main GEORGIA Court Website: www.state.ga.us/courts Speed Detection Methods: Pacing, aircraft, VASCAR, radar Speed Law: Absolute DMV Website: www.dmvs.ga.gov IDAHO Court Website: www.state.id.us/judicial Speed Detection Methods: Radar, laser, pacing, aircraft Speed Law: Absolute DMV Website: www.state.id.us/itd/dmv INDIANA Court Website: www.state.in.us/judiciar Speed Detection Methods: Radar, pacing, VASCAR Speed Law: Absolute DMV Website: www.ai.org/bmv
FLORIDA Court Websites: www.flcourts.gov Speed detection Methods: Pacing, VASCAR, radar Speed Law: Absolute DMV Website: www.hsmv.state.fl.us HAWAII Court Website: www.courts.state.hi.us Speed Detection Methods: Pacing, aircraft, VASCAR, radar Speed Law: Absolute DMV Website: NONE ILLINOIS Court Website: www.state.il.us/court Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Law: Absolute DMV Website www.library.sos.state.il.us IOWA Court Website: www.judicial.state.ia.us Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Law Absolute DMV Website: www.dot.state.ia.us/mvd
KANSAS Court Website: www.kscourts.org Speed detection Methods: Radar, laser, pacing, VASCAR Speed Law: Absolute DMV Website: www.ksrevenue.org/dmv LOUISIANA Court Website: www.state.la.us/gov_judicial Speed Detection Methods: Radar, pacing, aircraft, VASCAR Speed Law: Presumed and Absolute DMV Website: Omv.dps.state.la.us MARYLAND Court Website: www.courts.state.md.us Radar, laser, pacing, VASCAR Speed Law: Presumed and Absolute DMV Website: mva.state.md.us MICHIGAN Court Website: www.courts.michigan.gov/scao Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Law: Presumed DMV Website: www.sos.state.mi.us/dv
KENTUCKY Court Website: www.kycourts.net Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Law: Presumed DMV Website: www.kytc.state.ky.us/mvl MAINE Court Website: www.courts.state.me.us Speed Detection Methods: Radar, pacing, VASCAR Speed Law: Absolute DMV Website: www.state.me.us/sos/bmv MASSACHUSETTES Court Website www.state.ma.us/courts Radar, laser, pacing, VASCAR Speed Law: Presumed and Absolute DMV Website: www.state.ma.us/rmv MINNESOTA Court Website: www.courts.state.mn.us Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Law: Absolute DMV Website: www.dps.state.mn.us/dvs
MISSISSIPPI Court Website: www.mssc.state.ms.us Speed detection Methods Radar, pacing, VASCAR, aircraft Speed Law: Absolute DMV Website: www.dps.state.ms.us/dps/dps/nsf MONTANA Court Website: NONE Speed Detection Methods: Radar, pacing, aircraft Speed Law: Absolute DMV Website: www.doj.state.mt.us/mvd NEVADA Court Website: www.clan.lib.nv.us Speed Detection Methods: Radar, laser, pacing, aircraft Speed Law: Absolute DMV Website: www.nevadadmv.state.nv.us NEW JERSEY Court Website: www.judiciary.state.nj.us Speed Detection Methods: Radar, pacing VASCAR Speed Law: Absolute DMV Website: www.state.nj.us/mvs
MISSOURI Court Website: www.osca.state.mo.us Speed detection Methods Radar, pacing, aircraft Speed Law: Absolute DMV Website: www.dor.state.mo.us/mvdl NEBRASKA Court Website: court.nol.org Speed Detection Methods: Radar, laser Speed Law: Absolute DMV Website: www.state.ne.us/dmv NEW HAMPSHIRE Court Website: www.state.nh.us/courts Speed Detection Methods: Radar, laser, pacing, aircraft Speed Law: Absolute DMV Website: Webster.state.nh.us/dmv NEW MEXICO Court Website: www.nmcourts.com Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Law: Absolute DMV Website: www.state.nm.us/tax/mvd
NEW YORK Court Website: www.courts.state.ny.us Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Law: Absolute DMV Website: www.nydmv.state.ny.us NORTH DAKOTA Court Website: www.court.state.nd.us Speed detection Methods: Radar, laser, pacing, aircraft Speed Law: Presumed DMV Website: www.state.nd.us/dot OKLAHOMA Court Website: www.ocsn.net Speed Detection Methods: Radar, pacing, VASCAR Speed Laws: Presumed and Absolute DMV Website: www.dps.state.ok.us/dls PENNSYLVANIA Court Website: Philadelphia Courts.phila.gov/tc Pittsburgh www.city.pittsburgh.pa.us Speed Detection Methods: Radar, pacing, VASCAR, aircraft Speed Law: Absolute: DMV Website: www.dmv.state.pa.us
NORTH CAROLINA Court Website: www.nccourts.org Speed Detection Methods: Radar, pacing VASCAR Speed Law: Absolute DMV Website: www.dmv.dot.state.nc.us OHIO Court Website: www.sconet.state.ohio.us Speed detection Methods: Radar, laser, pacing, VASCAR Speed Law: Presumed and Absolute DMV Website: www.ohiobmv.com OREGON Court Website:
bluebook.state.or.us/state/judicial
Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Laws: Presumed and Absolute DMV Website: www.odot.state.or.us/dmv RHODE ISLAND Court Website: www.courts.state.ri.us Speed Detection Methods: Radar, laser, pacing Speed Law: Presumed and Absolute DMV Website: www.dmv.state.ri.us
SOUTH CAROLINA Court Website: www.judicial.state.sc.us Speed Detection Methods: Radar, laser, pacing Speed Law: Absolute DMV Website: www.scdps.org/dmv TENNESSEE Court Website: www.tsc.state.tn.us Speed Detection Methods: Radar, laser, pacing, aircraft Speed Law: Absolute DMV Website: www.state.tn.us/safety UTAH Court Website: court link.utcourts.gov Speed detection Methods: Radar, laser, pacing, VASCAR Speed Law: Presumed and Absolute DMV Website: driverlicense.utah.gov VIRGINIA Court Website: www.courts.state.va.us Speed Detection Methods: Radar, pacing, VASCAR Speed Law: Absolute DMV Website: www.dmv.state.va.us
SOUTH DAKOTA Court Website: www.state.sd.us/state Speed Detection Methods: Radar, laser, pacing Speed Law: Absolute DMV Website:
www.state.sd.us/dcr/dl/sddriver
TEXAS Court Website: www.courts.state.tx.us Speed Detection Methods: Radar, laser, pacing Speed Law: Presumed DMV Website: www.txdps.state.tx.us VERMONT Court Website:
www.vermontjudiciary.org/courts
Speed detection Methods: Radar, laser, pacing Speed Law: Absolute DMV Website: www.aot.state.vt.us/dmv WASHINGTON Court Website: www.courts.wa.gov Speed Detection Methods:
Radar, laser, pacing, VASCAR
WEST VIRGINIA Court Website: www.state.wv.us/wvsca Speed Detection Methods: Radar, laser, pacing, VASCAR Speed Law: Absolute DMV Website: www.wvdot.com/6_motorists/dmv WYOMING Court Website: courts.state.wy.us Speed Detection Methods: Radar, pacing Speed Law: Absolute DMV Website: Dot.state.wy.us/web/driver_services
NOTE: For those states where the speed law says Presumed and Absolute together, those states differentiate between which types of roads are considered to have presumed speed limits and which ones have absolute speed limits. Check with your local laws.