Traffic Ticket Survival Kit

Courtesy of &

Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit - Courtesy of &

© 2003 Eureka .com • www. California 90740 Phone: 562-289-0468 * Fax: 800-643-1681 Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit .paynofine. The reader of this publication assumes responsibility for the use of these materials and information. rewritten. Information contained herein may be subject to varying state and/or local laws or & FightNow.Courtesy of PayNoFine. Neither the author nor Publisher assume any responsibility or liability whatsoever on the behalf of any reader of this publication.FightNow. Published by Eureka Communications 1077 Pacific Coast Hwy. Disclaimer Legal information is not legal advice. however no part of this publication may be altered. all rights reserved. #144 Seal Beach. repackaged or titled under any other name without the express written permission from the publisher.Copyright and Distribution Notice You are granted permission to distribute this eBook in its current format.

etc. etc. however thanks to the internet. it will give you an opportunity to study the environment and situation in more detail. You can search via Google. the fact remains that traffic tickets are a huge cash cow for local governments. ad take notice of any discrepancies contained on the citation. Locate the Law Just because the officer gave you a ticket doesn't mean you are guilty.Courtesy of PayNoFine. etc. First. After you've located the statute or ordinance on your citation. If you see that there are certain contributing factors at the scene. This should include: * * * * * * * * All roads with lane markings and widths. you’re not alone. street signs. the average fine was about $50 but in today’s “economic times. Examine the ticket and locate the specific vehicle code or law in which you were accused of violating.paynofine.” While we don’t advocate breaking any traffic laws. the government has become very dependent on the income traffic tickets generate.PART I . etc. bushes. visit your local library or check out www. you will need to prepare full documenting evidence for the trial. Below are some simple items you need to know that can help avoid being gouged. walls. shrubs. you want to read the law to ascertain if all the elements were met in order to be convicted. antennas. . While some are well deserved and others may be questionable.” both the politicians and courts are gouging drivers with fines up to $321 for a common “infraction. A decade ago.Traffic Ticket Options If you recently received a traffic ticket. they are betting that you will simply pay the fine or attend traffic school and they still get their revenue. Return to the Scene of the Crime Returning to the scene of your citation can serve several useful purposes. In essence. The evidence for the trial should be in the form of a large diagram of the entire scene that will document everything which is relevant. fences. All buildings. & FightNow. Location of the officer's vehicle and your vehicle at the time you were pulled over. it has become apparent that most officials claim traffic safety but in reality. The Citation Familiarize yourself with the citation to determine what you are being charged with. many savvy drivers are quickly learning that it may not be that difficult. hedges. Final location after both vehicles stopped. All trees. All traffic controls (lights and signs). Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit . An estimated 35 million citations are issued each year. All power lines. it may trigger some additional details that you forgot since the last time you were at the scene. Any other signage such as billboards.

you should consider joining the National Motorist Association (http://www. you then need to weigh the cost of the attorney's fee against the fine and insurance premium you have the most knowledge of the actual particulars and details that your attorney does not possess. If you still feel compelled to use an attorney.Courtesy of PayNoFine.In addition to the diagram. & FightNow. Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit . Should You Hire a Lawyer The only true test in deciding if you need an attorney or not is whether jail time is a possibility in your sentence. you might consider one of these traffic ticket specialist for the pure convenience. The NMA offers a variety of resources including an attorney referral service. any attorney brings with them a knowledge of the law and legal system. in a worst case. trial experience and a fee. These attorneys typically help in obtaining continuances. Any citation. arranging for probation sentences or. robbery. If the price is right and it appears that you could get an arrangement other than driving school. The advantage of using an attorney in requesting these services is they have ongoing relationships with the prosecutors and are usually able to work within the system better than a stranger. his attention span is going to be somewhat limited. These are all options that you are quite capable of handling without an attorney. Unfortunately.motorists. manslaughter. There are some attorneys who specialize in traffic ticket dismissal and generally charge between $50 and $100 for their services. etc. . such as: * DWI/DUI * Driving on a suspended license * Hit & run accident * A felony involving the use of your vehicle (drug or weapons possession. you might also take some pictures from the driver's perspective to illustrate any obstructed signage or other contributing factors. arrange for a driving school plea bargain. 90% of all traffic cases would not have benefited from the services of an attorney. Once you hire an attorney you loose control over the case. You also need to remember that this case is not going to land your attorney on the cover of the latest legal journal.) You definitely require the services of an attorney. If not. This service also maintains a database of attorneys by region who specialize in traffic ticket defense. One industry statistic shows that unless you testify on your own behalf and inadvertently convict yourself during that testimony.

Your Rights Should you decide to fight your traffic citation. It is crucial that you are fully aware of your rights as you approach your trial date. Generally speaking. The problem is that traffic court is usually a place where these rights are glazed over in an effort to get you to plead guilty and pay your fine. You pay the fine and the citation goes on your driving record.Not Guilty. Many schools work in a comedy theme and try to make the ordeal as enjoyable as possible. this scenario is a painless way to eliminate the charges against . if you have a fairly strong case. save the driving school option for another time and place since it is usually a once-a-year type option. The only other factor is cost.Guilty with Traffic School. You might want to seriously consider this option if your case appears weak and unlikely to be dismissed. This affords you the most options because you can always change your mind at a later time.Courtesy of PayNoFine. you’re probably aware that most courtrooms are. .Traffic School Option Here the defendant agrees to attend a school (or some other variation on the same theme) and provide a certificate of completion from a school that is licensed by the local jurisdiction. to say the least. Plea Options . . These six basic rights should be ingrained in your mind as you enter the courtroom: Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit . On the other hand. You could also experience an increase of your insurance premium for three years. Typically used when you're involved in an auto accident. A typical driving school will cost between $35 to $50. you still have certain undeniable rights.Guilty. Despite this overwhelming pall of & FightNow. In exchange for your attendance the charges against you will be dropped. This option is generally a once a year arrangement.Nolo Contendere. This is so you will have no doubt as to who is in charge and the seriousness of your situation. The total cost is still likely to be less than your fine would have been. You pay the fine and costs to complete a court-approved traffic learning course. You might also have to pay a court cost charge in addition to the school's fee. Similar to Guilty but the admission cannot be used against you in civil court. rather ominous and oppressive. . In some states you can even qualify for an insurance discount with your certificate of completion so long as you don't let it slip that you actually attended due to a speeding citation.

DO NOT forget this right as you get into the courtroom. You have a right to a speedy trial. You have the right to an .Courtesy of PayNoFine. 3.1. You have the right to cross-examine any witnesses against you. you do not have to testify against yourself. You have a right to remain silent. unless the situation clearly warrants. 6. Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit . Normally this is with a judge and not a jury. Under protection from the Fifth Amendment. In most states. no case. You have the right to subpoena witnesses or documents. You have the right to a court trial. 4. This is typically the officer who wrote the & FightNow. 2. This rule applies to most states. In a traffic case you must provide the attorney at your cost unless your offense could be subject to jail time. Some states will allow you to request a jury trial but you will have better luck with a judge than a jury of your peers in most traffic cases. This is why no officer. no conviction. you can use this right to your advantage. 5.

Over the years. It misguides drivers into believing that if they want to avoid getting a traffic ticket on a driving record. EXPLANATION: Under protection of the Bill of Rights. it must also be "beyond a reasonable doubt. 1. First. you are innocent until proven guilty . the fine/bail must be paid for the exact amount. in most cases. Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit . you pay the court the fine amount plus a few dollars. It is up to the prosecution to prove that you committed all the elements of a law in order to be convicted. CITATIONS ISSUED PRIMARILY FOR SAFETY MYTH: Traffic tickets are issued to ensure safety. simply "overpay the fine by a few dollars." Just because a driver is issued a citation doesn't mean the driver is guilty. TICKET EQUALS GUILT MYTH: Anytime you receive a traffic citation. 2. EXPLANATION: Unsafe driving is not the only reason why law enforcement issues traffic tickets.Courtesy of PayNoFine. Because it's not the exact amount of your fine.Part II . Provided you don't cash the court's refund check. the court is obligated to refund you the difference. Traffic citations reap local governments hundreds of millions of dollars been asked repeatedly asked to confirm or deny a series of traffic ticket and driver stories." The email explains that by overpaying the fine. the editors at PayNoFine. Below are some of the most popular myths about driving and traffic tickets. OVERPAY FINE & AVOID CONVICTION MYTH: In order for a traffic ticket conviction to appear on your driving record. the court is "required" to send you a refund check for the amount overpaid. It concludes that in order for a conviction to take place. the transaction must be completed in full. As state and local budgets shrink across the nation. 3. EXPLANATION: You probably received a few emails about this one.Top 10 Traffic Ticket Myths The proliferation of urban legends and driving-related societal myths have experienced tremendous growth due to the internet. government officials need to find a method of generating income. the transaction is never completed and thus no conviction is placed on your driving & FightNow. you are considered guilty otherwise you would not have received the ticket in the first place.

com & FightNow. he may have not been paying total attention when the alleged infraction occurred. 6. EXPLANATION: If an officer starts off by asking you the classic question. suspended or revoked. However. Regardless of these type of claims. YOUR MIRANDA RIGHTS MYTH: Since you are not under "arrest" and the officer has not read you your Miranda rights. the idea of a super license which gets rid of all your problems is tempting. CITATION MISTAKES MYTH: If there is an error on your traffic ticket.Courtesy of PayNoFine. Unfortunately. you could argue that the officer clearly was unaware of the proper laws in which to cite you as a motorist. International Driver's Licenses were intended for licensed drivers in the US to be granted permission to drive in other countries. International Driver licenses are not "recognized" by US law enforcement. simply apply for a license via another country. if there is more than one error. One other obvious exception is the actual law (statute) you're accused of . you could argue "reasonable doubt" because if the officer was not thorough in completing the citation. many unscrupulous marketers are promoting international driver's licenses as a way to bypass state licensing which is simply not true. " If you're in trouble with your regular driver's license. The key is to avoid admitting you committed any offense. the citation is automatically dismissed." he is trying to get you to admit guilt for the alleged violation. "do you know why I pulled you over. EXPLANATION: There is no guarantee a judge will dismiss your case based on an error such as the misspelling of your name. even the Federal Trade Commission (FTC) has begun cracking down on internet marketers who try and sell these bogus licenses. EXPLANATION: Under a 1949 United Nations agreement. If an officer charged you of a violation but indicated the wrong statute on the citation. They claim that if you lose your license in your resident state. Any admissions are written on the back of the citation to be used in court if necessary. anything you say cannot be used against you in court.4. you can still drive legally by obtaining an International Driver's license. INTERNATIONAL DRIVER'S LICENSE LOOPHOLE MYTH: If your license in your resident state is restricted. but it's a waste of money and an invitation to trouble. Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit . In fact. According to the FTC." 5. while citizens from abroad can drive here if licensed in their country.

500 feet. it's simply not true. there is no such thing as a "fast lane. * Do you understand each of these rights I have explained to you? * Now that I have advised you of your rights." Granted. written and eye exams. you have a right to stop answering my questions at any time you's actually a societal myth.Courtesy of PayNoFine. you've probably seen signs indicating "Slower traffic keep right. States classify receiving a driver's license as a "privilege. EXPLANATION: A traffic radar unit is incapable of determining with vehicle is being tracked because the signal the radar unit emits is a cone shaped beam. EXPLANATION: Although many drivers believe this statement to be accurate. are all the same speed.Miranda Warning * You have the right to remain silent and refuse to answer any questions.even if you do pass all the required tests. Besides. typically lanes on a highway or freeway (trucker's lanes excepted). THE FAST LANE MYTH: The government classifies the far left lane as the "fast lane. This beam has the width of approximately two lanes at a distance of 100 feet from the unit and increases to over four lanes of traffic at a distance of . Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit . * If you want a lawyer but cannot afford one. * As we discuss this matter. * You have a right to a lawyer before speaking to me." no government agency classifies the far left lane as the fast lane -. CITIZEN DRIVER MYTH: Provided you pass the minimum requirements for taking the driving." not an inherent right & FightNow. 9. 8. to remain silent until you can talk to him or her. RADAR PINPOINTS THEIR TARGET MYTH: Radar uses a laser pointer-type beam which is capable of determining which specific vehicle is being tracked. are you willing to answer my questions without an attorney present? 7." EXPLANATION: Despite the popular notion. possessing a driver's license is one of our rights as a citizen. and to have your lawyer present when you are being questioned. * Anything you say may be used against you in a court of law. one will be provided to you without cost.

were found not guilty. According to a study published by the National Motorists Association (NMA). keep in mind that in addition to the fine. is the cost of the fine & FightNow. over half of all drivers who contested their citation received a reduced . or their case was dismissed. Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit .Courtesy of PayNoFine. you will have the conviction on your driving record which may result in an increase of your insurance premiums by 15% for up to 3 years. THE FINE AMOUNT IS NOMINAL MYTH: The only costs associated with just paying the fine. EXPLANATION: Before you write that check.

that is the prosecution's problem and your salvation. You probably don't even have any real fight in . One last item concerning the not guilty plea: If you have to emotionally fight the moral issue of a not guilty plea.Should You Fight Your Ticket It is important to remember that Not Guilty. Learn how to fight your traffic ticket in court: www. In this case. you don't have the conviction (no pun intended) to see the fight through to the end. you would be best served by paying the fine and clearing your conscience. The burden of proof is now on the prosecution—not you. If the officer doesn't show up at your trial. The extent of your defense is a simple motion to dismiss due to lack of a prosecution witness. you might want to decide if your conscience can be cleared by time spent in driving school rather than paying the fine out right.FightNow.Courtesy of PayNoFine. What it does means is that the prosecutor must now has to prove beyond a reasonable doubt that you did commit the offense. does not necessarily mean you didn't commit the alleged offense. by law.Part III .com Permission Granted to Distribute this free eBook Traffic Ticket Survival Kit . Then & FightNow.

Sign up to vote on this title
UsefulNot useful