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Speeding Ticket Victory, Traffic court Strategy and Tactics

Speeding  Ticket Victory, Court  Strategy,  and Tactics

By

Charles w Ginsburg

                 Probably one of the most intimidating and helpless feelings I have personally felt is the thought of having to go to court to face the music. The thought of that was so impressive to me, I immediately sought out my legal options and found out things may not be as helpless and hopeless as I thought and that there were actually realistic and viable choices that I could make to get some soldiers on my side.

                My first of three speeding tickets that I had received in Vancouver, Washington, a few years ago. The officer was on a motorcycle and stated he had my speed verified at 28 mph thru a 20 mph school zone, using LIDAR and he also stated he paced me with his motorcycle, verifying my speed with his speedometer on his bike. , The time was 7:31, on the first day of school. The morning school zone signs and lights said the speed restriction for the morning, was from 7:30 a.m. to 8:30 am.

 

                  So within a matter of minutes I was looking at a pretty good chunk of change that I was going to have to fork out when I lost  this case .In my situation I was not only looking at losing my license again, but many thousands in fines and court costs, lawyers fees, court costs, required traffic classes that I had to pay $80 bucks a pop for but also the cost of my insurance would at least double and I would have to get sr-22 insurance on top of that. Besides that I would be going to jail and may get my car impounded.

                   Years before I was stopped and sited for a DUI, hadn’t been speeding or any other traffic infraction accept 2 empty beer cans in the car and one in my hand, An officer, as fate would have it, just happened to stop at the same stop light I was at, he yelled out and said, “Mister if that isn’t a Pepsi you better pull over. . You can probably guess how that went. Beer in Washington and Oregon has  6.0 % alcohol in it by weight. They are very serious about open containers and driving under the influence up there. Needless to say it cost almost $4000 bucks, just to keep my cdl license and the warning that I should not even think of getting the slightest infraction for at least the next seven years. Well I was a few years short.

 

                    I told a friend about the situation and he said,”Charlie you got to fight this”! He had a magazine under his arm, leafed thru it and produced an ad for “speed ticket victory” At the time I had to send of for the cd, now I guess it’s available for immediate downloading online .

 

                    Within minutes after reading this info I felt like I had a real fighting chance and I could fight fire with fire and use the law to my advantage instead of getting legally stomped on and lose maybe as much as $6k to $ 7k.in lawyers fees, court costs, classes and maybe go to jail, lose my cdl, my job, my car, my low insurance premiums.  Gosh I really felt like I had absolute hope.

 

                      I never really had much faith in mail order or computer downloaded items but boy did I find out how wrong I was. Heres what happened in court about a month later.

I joined about 50 other alleged offenders in the court room and the bailiff brought the court to order and the judge came in and took her seat. She called the first case and the clerk read the gals charges and the judge said Ms. Jones you plead not guilty, officer smith, her accuser, what happened on the date and time of the alleged offense?  Well your honor the defendant was speeding doing 50 mph thru a 30 mph residential area, she was clocked my the pacing of my car behind hers for a distance of one block.

 

                     The judge then asked “Ms Jones what is your defense to these charges” Well your honor, I was sick with a fever on the day of the incident and I was going to the pharmacy to get my prescription and I was very nervous and just wasn’t aware of my speed, I also had to get to a restroom quickly because I had diarrhea all that morning and my kids were screaming in the back seat. At that point she started crying and faked a fainting spell in court.  After the judge called a 5 minute recess to get the gal a drink of water and a sniff of smelling salts. She was returned to the court room and the judge asked “how are you feeling ms jones”, she said, “oh much better your honor, you are so kind”. The judge gave a small wry grin out of the side of her lips then said “are you ready to continue your defense”?  Ms Jones said , “yes your honor, besides all I have presented to you before, I now ask that the court have mercy on me and please understand I wasn’t exactly in my right mind your honor, and that’s all I have to say, thank you so much for being so understanding.

 

                      The judge then said thank you so much for your compliments and observations of my understanding. How ever, Ms Jones, I must judge between you and the evidence given and evidence presented by the people of Clark County represented by Officer Smith.  I do find, based on the preponderance of the evidence in favor of the people and find you guilty of the charges. You provided no evidence against the charges made against you.  I sentence you to pay the fine for the charges in the sum of $500 dollars, which is 100 dollars less then scheduled fine, also $200 for court cost, because this is your third offence I suspend your license for 90 days and remand you over to the custody of the Clark county jail where you will serve 90 days in confinement. I do hereby suspend that sentence, in exchange for 90 days probation, with the understanding that I will not see you in this court again, can you give me that assurance Ms Jones, In a low whimpering voice she said yes your honor, I promise you wont see me again.

 

                     The next case was pretty simple, the officer writing the ticket didn’t show up and wasn’t represented, case dismissed. The defendant has a right to face their accuser.

 

                     The next case was similar to mine, a gal was doing 26 in a 20mph school zone.. The charges were read, the officer gave his testimony. She was clocked on Radar. She didn’t dispute or challenge the officers charges or the aspects  of her ticket, what she did do, and got her  efforts noticed, was to define mechanical problems with her speedometer  and tire diameter which had caused her car to go faster than the speedometer read. She had the problems corrected and provided the judge with receipts and a written explanation of work that was done to correct the problems that were causing the false speedometer reading. The judge only charged her court costs, no fine, no points on her driving record.  Now it was my turn.

 

                  I felt a amazing peace and confidence as my name was called and the charges were read. I knew if I was found guilty I was going to lose a lot of cash, a lot of work, my CDL license and possibly my freedom, not to mention  a huge boost in my insurance premiums .  However, I had so much confidence in the preparations I had made and the step by step  procedure I would use and the awareness of any weakness in the peoples  case, that I can honestly say I felt I had already won before I got there.

 

                   The officer completed his testimony and the judge said Mr. Bell you may now present your case. I started with an immediate attack, (the information from the internet said the best defense is a good offense).  I immediately said in a forceful and loud commanding voice, “You’re Honor I respectfully request an immediate dismissal of my case on the basis of the officer’s mistaken determination of the time my alleged infraction occurred.  The ticket states 7:31 a.m., I contend and will prove that the time was not even 7:28 am, a full three minutes before the school zone speed restriction came into effect…

                   The judge said proceed Mr. Bell. Your Honor may I question the plaintiff, Yes you may she replied, Officer Doof, are you wearing the watch that you wore at the time of my alleged infraction? Yes it is, he replied. may I inspect your watch officer Doof; it’s a very nice Rolex isn’t it ? Yes you may and yes it is. You’re. Honor may I approach the bench that you might also inspect this watch of officer doof’s? Yes you may.  You’re Honor I would also ask that you inspect my cell phone time if you would, while I continue my questioning of officer Doof, sure, was her response.

 

                    Officer Doof, were the yellow flashing lights, flashing when you clocked me with you’re Lidar gun and also paced me with you motorcycle.. “well I don’t recall” was his response.  I immediately pointed out to the judge  “ you’re honor may I respectfully submit that not only were the lights not on, but the time was before 7:30 a.m. and that’s why they were not on, also your Honor, the officers watch was and is incorrect, please notice the time on officer doof’s watch, it is currently 2 minutes faster than the clock on the wall and faster than the time on my cell phone. My cell phone provider has their time matched to the exact GMT (Greenwich mean time) and the Atomic Clock in Denver, Colorado.

Because the speed in this area is determined by the time of day and that I was proceeding within the limits of the law at 7:28, I object to any further proceedings on the grounds that I am innocent of the charges, I respectfully request immediate dismissal.

 

                      After a good 2 minutes of silence, looking down and shuffling papers on her desk the judge asked, Mr. Bell, it is your responsibility to prove beyond a reasonable doubt that you are not guilty of the charges set against you,  What proof do you have that the lights weren’t just burned out or there was some other faulty circumstance with the maintenance and operation of the lights?  She leaned forward, looked over her bifocals and with that same wry grin at the corners of her mouth I had seen before, said “well Mr. Bell”?  I asked, you’re Honor may I have a few minutes to consider my response to you’re question.

I was  prepared because , I was instructed in the instructional cd I had received ,  “ don’t say nothing you can’t prove with original documentation”

 

                      She was up to something sneaky but I couldn’t figure what it was, what I had presented should have been enough to send me away free and clear. I got all my ducks in a row and proceeded. I did have a letter written from the supervisor of street maintenance and lighting in that area, that at that time and date, the lights, timers and electricity in the area were all working in proper order. When I gave the document to the bailiff I could almost see steam coming from the judges head and lightning bolts coming from her eyes. She read that document  till I thought it was going to catch fire. After several minutes I saw that wry smile forming on the edges of her mouth again and her hand slowly moving to the gavel. She said , Well Mr. Bell , I commend you on presenting valid and laudable defense, however this document is not a original and therefore is nothing more than hearsay evidence, “I find for the…”  “I OBJECT YOU’RE Honor”! it is a copy of his letter, he wouldn’t give me the original, however please look at the back of the letter, his secretary is a notary and she notarized and signed the document as well as the supervisor and myself. He has also in his own hand included his office phobe number if you had any questions concerning its validity.!

 

                       I could see the judge was noticeably irritated and was mumbling and grumbling and talking out of the side of her mouth at the bailiff.. After muffled conversation with the bailiff for some several minutes. She blurted out I will need a 5 minute recess in my chambers to call this supervisor and confirm this letter. “You’re Honor” I said. Is not the notaries mark valid enough? And if you need a phone please use mine, its right there on your bench.  “ I do have a right to a fast and speedy trial, and efficient due process, don’t I you’re Honor?”

She was clearly enraged , her hair was disheveled  as she called the number, and at the same time saying to me in an almost inaudible,  low growl, “ you think you’re pretty smart  don’t you Mr. Bell?” I replied “oh no Ma’am, With all due respect, I’m just trying to defend myself as best I can you’re Honor”!  Nobody answered and the judge closed the phone and said here’s your phone Mr. Bell, and threw it to me.  I think she was trying for my nose.

“

                  “Mr. Bell you have presented favorable evidence and I’ m now ready to rule, do you have anything further to ad?” Not really understanding that she was ready to rule in my favor, I very quickly blurted out, “Oh yes you’re honor, please consider these further points of contention”!

Officer Doof  has stated he was certified and specially trained in the use of the lidar gun, yet he presented no documentation verifying that certification. Officer Doof stated he used the Lidar gun, yet he did not mention whether or not the gun had been calibrated and certified in the last two months as Washington law requires, or provide documentation of these facts.

 

“Yes, yes, yes, Mr. Bell, please move along”, she said, as she was shaking her wristwatch in her ear.

  

 3. Officer Doof also alleges to have paced my car thru the school zone to verify my speed, yet he provided no documentation confirming his motorcycle speedometer had undergone a recent certification by the Washington state patrol, or provided documentation that certification had taken place in the last 3 months.

 

4.Your honor along with the fact that officer Doffs watch is fast and I was written a ticket 2 minutes before the speed limit changed.  I respectfully submit that Officer Doof does not have a case against me, providing sufficient and tangible evidence. I therefore request an immediate dismissal of this case, and full relief from any and all court cost and fees related to this case. Also your honor I would also ask  your consideration for recompense by the people, for my loss of wages for one day of work and fuel cost from my home and back, A total of $150.00,  if you would find in my behalf.

 

The judge raised her gavel and said Mr. Bell the court finds for the defendant (me) on all counts.  As for your wages and fuel, please be happy with your victory!!  smack went the gavel and everyone in the court room , even the bailiff , broke out in cheers, laughter  and pats on my back, as the Judge , with a smile on her face said, “Mr. Bell please get out of my court room”!

 

Charles W Ginsburg, has written here an excellant reveiw of an actual speeding case in traffic court . it resulted in victory for the defendant thru use of excellant online information. http://hopurl.com/73690


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