Posts Tagged ‘law enforcement’

Ways To Overcome A Traffic Violation

Friday, November 5th, 2010

If you are charged with breaking the law, such as getting a speeding ticket, in the eyes of the law everyone is supposed to be treated equally. Just because someone has been charged doesn’t mean they are guilty, a court must determine this.

Although it will require a little effort on your part, by understanding your legal rights it will greatly increase the chance you can beat a speeding ticket.

So to beat a speeding ticket, lets start with the scene of the flagging down, you have the right to limit your answers to a polite “no, officer” and “yes officer.” Known as the Miranda Rights, you are free not to admit your guilt or answer questions that can possibly lead to self-incrimination, especially without the presence of a lawyer.

However, be cooperative enough to provide basic details such as your name and presenting your driver’s license. Be clear that this is not included in your rights of silence.

To beat a speeding ticket, doing it in a civil manner is guaranteed to give the best results. Having a temper tantrum or insulting your officer can add to your charges, especially while in court. Respect and courtesy are heavily valued, which are also stated in the rights of others. Also, the road is not the best venue to air out your side.

You are not actually guilty until a judge finds you so in traffic court. And the burden of proof has to be provided by the law enforcement official who actually wrote the traffic citation. So don’t be afraid to defend yourself in court and try to beat a speeding ticket.

Remembering the facts about your traffic stop will help you beat a speeding ticket written against you. The traffic court gives equal opportunity to both sides to prove or disprove guilt.

You can retain a lawyer if you really want to, but you can also represent yourself, which is what most people do. You have a better chance to beat a speeding ticket if your facts are more credible and relevant to the event than the officers version of events.

You also have a right to have a speedy trial as the court recognizes the constraints to work and personal life of attending court proceedings. Also, you can point out lack of evidence or delay trials in case the officer-in-charge does not show up in the proceeding.

The law can provide alternatives such as community service or going to traffic school in lue of payment. To beat a speeding requires you check out all options available to you before going to traffic court.

If you can beat a speeding ticket you will benefit greatly because violations are listed in your driving history, which can in turn affect additional charges or increase in your premium rates so you would want to avoid such inconveniences with a clear record.

Abuse and biases are not tolerated by law, so expect it to be an ally in trying to beat a speeding ticket, although it can be punishing once you are not careful enough to avoid violations.

And the burden of proof has to be provided by the law enforcement official who actually wrote the traffic citation. Courtesy and respect can go a long way toward getting you out of a traffic violation. Contest Speeding Tickets Your right to be silent does not pertain to these.

Tricks To Get Thrown Out A Moving Citation

Monday, November 1st, 2010

If you are charged with breaking the law, such as getting a speeding ticket, in the eyes of the law everyone is supposed to be treated equally. Just because someone has been charged doesn’t mean they are guilty, a court must determine this.

By knowing your legal rights, you can have a better chance to beat a speeding ticket. This will require some effort though.

For some tips on how to beat a speeding ticket lets start at the beginning, when your getting pulled over. You absolutely have the right to limit any answer you give the officer to a simple but polite ‘yes officer’ and ‘no officer’. Everybody has heard of the Miranda Rights, but what it actually means is you have the right to NOT admit guilt, or answer any question that might hint at self incrimination. Especially without a lawyer present.

However, be cooperative enough to provide basic details such as your name and presenting your driver’s license. Be clear that this is not included in your rights of silence.

In order to beat a speeding ticket, you have to do things in a certain way. Being courteous and respectful to another human being can carry significant weight when an officer is still deciding to ticket you or not. Losing your temper or verbalizing insults toward an officer of the law will absolutely guarantee you will NOT get out of a traffic ticket. And if you push the issue too far it can lead to more charges, especially in court.

Your innocence is protected and maintained all through out, so do not be afraid of courts and to beat a speeding ticket. You are not judged unless there is sufficient evidence which is provided by the officer, who is obligated to present the burden of proof, and what you have to do is defend yourself.

The court gives equal chances to both parties, and the best way to maintain your not guilty plea is to remember the facts on what had transpired. Vague answers will definitely not help you to beat a speeding ticket filed against you.

Some people will bring a lawyer to court, I personally don’t think it is necessary as most people prefer to represent themselves and have a good chance to beat a speeding ticket by simply stating the facts clearly.

You are also granted the right to a speedy trial as traffic courts realize there are time constraints such as personal life and work. If the officer is a no show you can point out the lack of evidence and simply ask to have your speeding ticket thrown out.

You are also free to request for alternatives aside from payment, such as attending traffic schools or doing community service. Beat a speeding ticket by checking out all the options that the law has provided all who are facing charges.

If you can beat a speeding ticket you will benefit greatly because violations are listed in your driving history, which can in turn affect additional charges or increase in your premium rates so you would want to avoid such inconveniences with a clear record.

Traffic violations can be punishing for several reasons. Just keep in mind when trying to beat a speeding ticket, biases and abuse aren’t tolerated by the court. Which means you have as good a chance as anyone to have your speeding ticket dropped when you go to traffic court.

The first thing that comes to mind is saving on your auto insurance premiums. To beat a speeding requires you check out all options available to you before going to traffic court. Traffic Violations Lawyer But obviously you want to be cooperative with the officer.

Ways To Get Thrown Out A Traffic Ticket

Friday, October 29th, 2010

In the eyes of the justice system, everyone is supposed to be treated equally by state laws. So when you are charged with breaking a law, guilt isn’t determined until evaluated by the court system.

Same is true with speeding violations. You can beat a speeding ticket by knowing your rights which, although requires effort, can guarantee you the best chances of having the case dismissed.

So to beat a speeding ticket, lets start with the scene of the flagging down, you have the right to limit your answers to a polite “no, officer” and “yes officer.” Known as the Miranda Rights, you are free not to admit your guilt or answer questions that can possibly lead to self-incrimination, especially without the presence of a lawyer.

But obviously you want to be cooperative with the officer. You DO have to provide the basics such as name, proof of auto insurance and drivers license. These aren’t covered in your right to be silent.

In order to beat a speeding ticket, you have to do things in a certain way. Being courteous and respectful to another human being can carry significant weight when an officer is still deciding to ticket you or not. Losing your temper or verbalizing insults toward an officer of the law will absolutely guarantee you will NOT get out of a traffic ticket. And if you push the issue too far it can lead to more charges, especially in court.

Your innocence is protected and maintained all through out, so do not be afraid of courts and to beat a speeding ticket. You are not judged unless there is sufficient evidence which is provided by the officer, who is obligated to present the burden of proof, and what you have to do is defend yourself.

Remembering the facts about your traffic stop will help you beat a speeding ticket written against you. The traffic court gives equal opportunity to both sides to prove or disprove guilt.

Some people will bring a lawyer to court, I personally don’t think it is necessary as most people prefer to represent themselves and have a good chance to beat a speeding ticket by simply stating the facts clearly.

Not only does everyone have the right to a speedy trial, but if the police officer does not show up in court you can point out the lack of evidence and ask to have your ticket dismissed.

The law can provide alternatives such as community service or going to traffic school in lue of payment. To beat a speeding requires you check out all options available to you before going to traffic court.

If you are able to beat a speeding ticket, the benefits can be many. Keeping your driving record clean will in turn keep you auto insurance lower, and can also affect the outcome of a ticket you may receive in the future.

Traffic violations can be punishing for several reasons. Just keep in mind when trying to beat a speeding ticket, biases and abuse aren’t tolerated by the court. Which means you have as good a chance as anyone to have your speeding ticket dropped when you go to traffic court.

A lawyer can be summoned, if need be, or you can also represent yourself for minor charges. This means you have as good a chance as anyone to have your speeding ticket dismissed when you go to traffic court. Traffic violations can be punishing for several reasons. Speeding Tickets

You Can Get Dismissed In Municipal Court With A Parking Ticket

Wednesday, October 27th, 2010

State laws maintain that everybody is protected by equal rights in the eyes of justice. So, even when charged with an offence, culpability is not decided upon unless judged by the court, which even then undergoes through an extensive evaluation.

Although it will require a little effort on your part, by understanding your legal rights it will greatly increase the chance you can beat a speeding ticket.

For some tips on how to beat a speeding ticket lets start at the beginning, when your getting pulled over. You absolutely have the right to limit any answer you give the officer to a simple but polite ‘yes officer’ and ‘no officer’. Everybody has heard of the Miranda Rights, but what it actually means is you have the right to NOT admit guilt, or answer any question that might hint at self incrimination. Especially without a lawyer present.

However, be cooperative enough to provide basic details such as your name and presenting your driver’s license. Be clear that this is not included in your rights of silence.

In order to beat a speeding ticket, you have to do things in a certain way. Being courteous and respectful to another human being can carry significant weight when an officer is still deciding to ticket you or not. Losing your temper or verbalizing insults toward an officer of the law will absolutely guarantee you will NOT get out of a traffic ticket. And if you push the issue too far it can lead to more charges, especially in court.

Your innocence is protected and maintained all through out, so do not be afraid of courts and to beat a speeding ticket. You are not judged unless there is sufficient evidence which is provided by the officer, who is obligated to present the burden of proof, and what you have to do is defend yourself.

Try to remember specific facts about what happened before and while you were pulled over. Being vague wont help. Its easier than most think to beat a speeding ticket, the court gives both sides equal opportunity to present their side.

Some people will bring a lawyer to court, I personally don’t think it is necessary as most people prefer to represent themselves and have a good chance to beat a speeding ticket by simply stating the facts clearly.

You are also granted the right to a speedy trial as traffic courts realize there are time constraints such as personal life and work. If the officer is a no show you can point out the lack of evidence and simply ask to have your speeding ticket thrown out.

The law can provide alternatives such as community service or going to traffic school in lue of payment. To beat a speeding requires you check out all options available to you before going to traffic court.

If you are able to beat a speeding ticket, the benefits can be many. Keeping your driving record clean will in turn keep you auto insurance lower, and can also affect the outcome of a ticket you may receive in the future.

Abuse and biases are not tolerated by law, so expect it to be an ally in trying to beat a speeding ticket, although it can be punishing once you are not careful enough to avoid violations.

You are not judged unless there is sufficient evidence which is provided by the officer. Known as the Miranda Rights, you are protected by law to not answer any question that might lead to self incrimination. Avoid Traffic Tickets You can retain a lawyer if you really want to, but you can also represent yourself, which is what most people do.

Your Guide On Ways To Terminate Traffic Tickets

Sunday, October 24th, 2010

Throughout the years, there have been some pretty dreadful defense strategies used by many people when it came to their traffic ticket. But I don’t really blame them. Most were just relying on ‘insider’ information some website was selling.

In this article we will go over the 5 most common mistakes used by people when trying to fight their traffic ticket. Use these as a guide of what not to do.

Mistake #1- Delaying the Court Trial

Most would advise you to get a continuance. The claim is the longer your can postpone the traffic court date, the bigger the chance the police officer wont show up. This makes no sense and isn’t a good strategy to fight a traffic ticket.

Delaying the court date will not improve your chance of having your traffic ticket dismissed.

My question is what if you do postpone your traffic court date and the officer still shows up?

Traffic officers get paid overtime to be in traffic court. They don’t bring them off their patrols to be there.

Mistake #2- Requesting evidence before traffic court.

Don’t get me wrong, you have the legal right to view everything they plan on using to convict you. Its called discovery, and is useful before a murder trial. But this is traffic court and it can hurt your case.

When you make a motion for discovery and request evidence before your trial, this sends red flags to the prosecution that you are planning a good defense. He’ll take it as a challenge and will prepare his case so efficiently that it becomes almost impossible to win.

Don’t give the prosecution a heads up that you know anything about traffic court proceedings. Do not contact them prior to your traffic court date.

Mistake #3- Doing a lot of needless research

How many of you like to spend your free time at your local courthouse researching piles upon piles of law books? There’s absolutely no need to do this research. It’s time consuming and not to mention boring.

Only rarely would it be prudent to look up a law so you know how it may be worded, other than that it is needless to do this with most traffic tickets.

Mistake #4- Going after the police officers credibility

If your defense is to go to traffic court and try to make the officer who gave you the traffic ticket look like an idiot, don’t waste your time. Using any number of ridiculous excuses like the police officer singled you out or that he used the radar gun improperly will not work.

Don’t ever go into traffic court with the idea you are going to challenge the police officers training on the use of the radar gun. This will only draw scrutiny from the judge, who will accept the officers testimony that he is properly trained on the use of the equipment.

Its just understood that the officer has the proper training on the speed detecting equipment he or she used to give you a traffic ticket. There’s no question about it. Say you do try this defense, where are you going to get the evidence the judge will ask for to support your claim?

Mistake #5- Going to traffic court unprepared

This may be the biggest mistake individuals make when they try to fight a traffic ticket. They go into traffic court thinking they did their homework, when in reality they had no idea what they were doing, and end up paying the traffic ticket.

Those who did no research go to traffic court with the notion that they can just tell their side of the story and the judge will see things their way and dismiss their traffic ticket. Yeah right!

Its understandable that it can be nerve wracking showing up to traffic court. Just remember you aren’t on trial for your life, its just a traffic ticket. Traffic court is designed to be user friendly because of the volume of people going through there daily.

Avoid these five mistakes and you will have a better chance of winning your case in traffic court and getting your traffic ticket dismissed.

Common Sense Ways You Can Get Out Of Non Moving Violation Tickets Don’t sleep and drive. Keep yourself alert by sitting up straight and being aware of your surroundings. speeding fines It’s called photo radar and it’s important that you know if your city uses this type of method to write speeding tickets..

Say Cheese, The Photo Radar Might Be Taking Your Picture!

Saturday, September 18th, 2010

The way cops hand out speeding tickets has its limits. A police officer can pull over only one car at a time. As far as the governments view this is too expensive and slow.

Now with technology growing at a rapid pace, new and alternative methods have been created.

The government decided in its wisdom that it wasnt generating enough revenue with the traditional method of the traffic cop.

There were just too many elements that was involved with an actual police officer pulling you over to hand out a citation. The first thing was having to hire the officer himself to pull you over. Next he had to pull you over with his police vehicle which is expensive in itself. And then what he let you off with just a warning?

Lastly, during the time it takes to administer a traffic stop about a dozen other cars go by speeding… more money down the drain! But that was then, this is now!

So the photo radar was introduced to take handing out tickets to a whole new level. They can do the job of many officers.

Talk about customer service, there’s no longer a need to have an officer pull you over. A photo radar, or traffic camera, simply takes a picture and mails it to you!

Since its’ beginning, photo radar has been proven to: Save police department’s time and money. Improve conviction rates in traffic court. Maximize city resources available for traffic enforcement. Increase individual insurance rates.

Currently only 20 states or so use the photo radar for speeding detection, but it is on the rise.

However, the popularity of photo radar is growing by leaps and bounds.

Cities are starting to latch on to the photo radar band wagon because of the revenue generating potential. Its relatively simple for a city to have one installed and the photo radar pays for itself quickly.

Cash strapped cities are finding out that when they install photo radar it gives them immediate money generation.

Think about it: Within minutes, photo radar can clock dozens of speeding vehicles — something that would have taken about 10 real cops to accomplish with traditional speed enforcement!

How does a photo radar work you may ask? Think of it as a radar gun and a high quality camera rolled up into one. It gets programmed to take a photo of your license plate at a certain speed.

Say the speeding limit is 55 mph on a stretch of road but it detects a car cruising at 60 mph it will take a picture.

When a car passes the photo radar unit and is traveling faster than the predetermined cut off point it will snap a photo of your license plate. And so it goes 24/7, courtesy of big brother hundreds of people can be cited this way.

The following day, a few people will gather all of the pictures that were taken and begin to examine them.

What the examiners are looking for is the clarity of the picture and if the plate number can be read.

Once a legible license plate is found, the examiner will then look up the license plate number with the bureau of motor vehicles. The BMV will send back the name and address of the person the car is registered to. If the name comes back as a male, the examiner will then look to see if a male is sitting behind the wheel of the car. If there is, BINGO! The examiner will then send the registered owner of the car a speeding ticket in the mail.

This process is repeated with the next picture and so on until all available photos have been examined. Photo radar enforcement is on the rise, hopefully this article will give you a heads up about it.

Want to find out more about getting your speeding ticket dismissed? Then visit Janet Mcintyre’s site for the best advice on any kind of traffic violation.

Fighting Your Traffic Ticket: Don’t Make These 5 Foolish Mistakes

Saturday, September 4th, 2010

Throughout the years, there have been some pretty dreadful defense strategies used by many people when it came to their traffic ticket. But I don’t really blame them. Most were just relying on ‘insider’ information some website was selling.

Below I have listed the top five mistakes you can make when fighting your traffic ticket. I hope you too will see the futility in them and refrain from using these worthless defenses.

Mistake #1- Delaying the Court Trial

Almost every other book I’ve read on traffic tickets advises you to postpone the trial by asking for a continuance. They claim the longer your traffic court trial is from the original infraction, the greater the chance the officer will fail to show up to court on your traffic ticket.

Delaying the court date will not improve your chance of having your traffic ticket dismissed.

Lets say that you do get your traffic court date pushed back. What if the police officer still shows at court?

Then what? Police officers get paid overtime to show up to traffic court.

Mistake #2- Requesting evidence before traffic court.

You have the right by law to see any information the court plans on using to convict you. The process is called discovery. And it would be useful if you were charged with murder, but this is traffic court. Don’t do this, it can hurt your chances of successfully getting your traffic ticket dismissed.

If you file a motion for discovery this tells the prosecution that you intend to plan a defense. In almost every case the prosecutor will make sure his case is airtight so you have virtually no chance of winning.

Do yourself a favor and don’t even contact the court about anything related to your traffic ticket. You don’t want them to know your familiar with the proceedings of traffic court.

Mistake #3- Doing too much needless research.

Who likes to spend their free time at the courthouse researching boring piles of books pertaining to law? Trust me, there is no need in doing this.

For most traffic tickets it is pointless to read up on case law before traffic court. Except on the rare occasion that you may want to see how a certain statute is worded.

Mistake #4- Going after the police officers credibility

If you go to traffic court with the idea you are going to attack the officers credibility, don’t waste your time. You can forget getting your traffic ticket dismissed. Saying the officer didn’t use the equipment properly, or that he singled you out or any number of other excuses are useless.

Challenging the officers training of a radar gun will always draw scrutiny from the judge. He will take the officers side and will insist you ask the next question.

The officer will NOT have to prove his training qualifications in the courtroom. Let’s face it, the officer has been properly trained and knows how to work the radar/laser gun. No question about it. If you try and go this route you will be disappointed when the judge asks you to provide evidence supporting your claim.

Mistake #5- Showing up to traffic court unprepared.

This may be the biggest mistake individuals make when they try to fight a traffic ticket. They go into traffic court thinking they did their homework, when in reality they had no idea what they were doing, and end up paying the traffic ticket.

And then there are those who don’t do any research and think that they can tell there side of the story and the judge will have pity on them. Yeah right!

Its understandable that it can be nerve wracking showing up to traffic court. Just remember you aren’t on trial for your life, its just a traffic ticket. Traffic court is designed to be user friendly because of the volume of people going through there daily.

If you avoid these 5 mistakes you will have a better chance of winning your case in traffic court, and hopefully getting that traffic ticket thrown out.

Learn more about traffic tickets and hoe to fight them. Stop by Steven Swihart’s site where you can find out all about traffic violations and how to protect yourself against them.

The Difference Between Moving Violations And Non Moving Violations

Wednesday, September 1st, 2010

There are two broad categories of traffic tickets. Knowing which you have is important when determining what to do in your situation.

If you receive a minor citation that doesn’t result in points to your license you may be better off just paying it instead of fighting it in traffic court.

Traffic violations come under two main headings. They can either be moving violations or non moving violations. They usually involve smaller fines and can be something as simple as a parking or headlight ticket.

These can be a nuisance but at least they wont go on your driving history or be reported to your auto insurance.

Non moving violations can be things such as not wearing your seatbelt, a broken headlight or improperly parking your vehicle.

These types of violations are usually better dealt with by just paying the fine. Taking the matter to court is more of a hassle on your part because the fine being imposed is normally not more than $50. The amount of time, energy and cost involved in contesting the charged violation is not worth it. Besides, these types of tickets are very hard to beat in court. I mean, either you parked illegally or you didn’t.

However if the ticket can cleared easily you should certainly try. For example a ticket for a non working tail light can be dismissed if you show proof you fixed it in most cases.

Moving violations are a violation of the law committed while the vehicle is in motion, and this term ‘motion’ distinguishes it from a non moving violation. While most moving violations are considered misdemeanors or infractions, more serious violations can be felonies.

In most places, moving violations involve fines which must be paid as well as punitive points assessed to the license of the driver. As a driver accumulates points, he or she may be required to attend defensive driving lessons, re-take his or her driving test or even surrender his or her license.

You may think we have it bad in the US, and we do, because traffic fines can go all the way up to $500 and more. But in some countries around the world, traffic can be set according to an individuals income, and in some rare cases be more than $100,000!

Some of the more common moving violations include speeding, failure to stop at a stop sign or red light, failure to yield, crossing the median, violating HOV lanes or driving too slow for current road conditions.

Some examples of serious moving violations are drunk driving, racing on a public road, road rage and vehicular homicide.

A traffic violation can also be civil or criminal in nature. They both carry points and fines, but only a criminal charge can wind you up in jail. The sentence in a criminal case can result in an order to pay a fine, a sentence of probation or time in a jail.

The sentence imposed in a criminal case is an obligation that a person has towards the “state” for violation of law; that is, it is a punishment for the act that was committed. The ‘state’ could be a local township, municipality, city, county, state or the federal government. These are moving violations to avoid at all costs, obviously.

Learn more about different moving violations. Stop by Steven Swihart’s site where you can find out all about fighting traffic tickets for your individual needs.