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- What rights do I have when a cop gives me a ticket?
You are within your rights to ask to inspect the speed detection device that the cop used to clock
your speed. You can ask how it was used to obtain a reading. Ask if the cop used a tuning fork.
You can ask the cop why he chose to stop you when other cars were going at the same speed.
Get the cruiser plate number or car number. Ask the officer what his qualifications are for
operating the speed detection device. Get the officer's full name, badge number or letter. All this
information you can use to fight your ticket in court, where you have to prove reasonable doubt.
This means that the cop's memory or judgment was faulty and unreliable. Cops make mistakes all
the time. Use them to your benefit.
- How can I fight a traffic ticket?
Ask to see all of the following from the police station where the cop who gave you the ticket is
stationed: The radar unit's calibration and maintenance records. The cop's radar training
certification. The tuning fork used to calibrate the radar unit, and the calibration certificate of the
fork. The actual radar unit that was used. The police station's FCC (Federal Communications
Commission) license. List of models, makes and serial numbers of all radar units being used by the police station. If you can't get any of these documents, tell that to the judge in traffic court, and you will have your ticket dismissed because you could not examine the evidence being used
against you. By law, you have the right to examine such evidence.
- Can a cop cheat on a ticket?
Yes, he can. Surprised? Cops can clock someone else's speed and say its yours. A cop can whistle
into his CB microphone and cause his radar unit to read any speed he wants (depending on the
pitch of his whistle). He can aim the radar unit to the ground and swing it to get a reading he
wants. He can clock a low flying aircraft and get a false reading. Or a cop can put his unit on
"calibrate mode" (to be used only to check the accuracy of a radar unit). That's why it's
important for you to ask to check his speed detection unit.
- How does traffic court work?
On the bottom of your ticket is the location of a municipal or justice court, and a date. You must
show up at that court, on that date, and do one of two things. If you are pleading not guilty, you
go straight to the clerk, plead not guilty in writing, and ask for a trial. Or you can attend an
arraignment. At an arraignment, you are asked to enter a plea of guilty, no contest, or not guilty.
If you plead guilty, the judge hands you a fine, you pay it, and you're out the door. Next your
ticket goes to the DMV as a conviction and your insurance company begins it's long reaching
surcharges. If you plead no contest, the same thing happens, only your plea cannot be used as
evidence in a civil suit against you. You would use this plea only if you got into an accident and it was clearly your fault. If you plead not guilty, a trial date is set, and you have to pay the bail
amount of the ticket (returned to you if you win), Make sure you get the type of trial where the
cop is present as the prosecutor or state's witness. All too often, the cop doesn't show up, and
your ticket is dismissed. If he does show up, try to shed doubt on his judgment and his memory. It shouldn't be hard, since he doesn't remember you, but you remember him.
- Do I need a lawyer?
This is your call, of course, because you can easily represent yourself in traffic court. It isn't Perry
Mason. But if you have the money to spend on lawyer's fees, then by all means get one. A lawyer
can be great if there is a technical or legal angle to your case. A lawyer can also plea bargain for
you and get your charge or ticket reduced or dropped to a less serious one.
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