Archive for April 8th, 2008

Traffic Ticket Advice from a Florida Lawyer

If you want to win in traffic court, your strategy begins the minute you are stopped. So put your ego in your pocket.

This is some advice from a Florida lawyer about traffic tickets. Most of this article applies to those in all states; but, a few things are Florida specific. Still good reading, though.

GavelRule No. 1:

Be polite. What do you have to lose by not being courteous? Let me count the ways: First, you will certainly get that ticket. Second, the police officer just might start searching for other tickets he/she can issue. I’ve had clients who received up to 10 tickets in one stop.

Things not to say to the police officer: “I’ll see you in court,” “My lawyer will see you in court,” or “Shouldn’t you be spending your time chasing real criminals?”
In traffic court, every judge is going to ask the police officer, “How did this person treat you on the side of the road?” Oops. Judges and police officers know one another. You are the outsider.

If you requested a hearing hoping the officer does not appear in court, and the officer does not appear, you got lucky. If the officer does appear, and you were not nice, the judge is not going to be nice to you.

If you think the officer was wrong and you have a good case, save your arguments for court. Do not try your case on the side of the road. At roadside, the officer is in control. If you don’t believe that, you may end up in jail.

By the way, sign the ticket. This is not an admission of guilt. This merely shows you received the ticket. Refusing to sign the ticket is a crime and an excuse for the officer to cart you to jail if you have been rude.

Rule No. 2

If you want to beat a speeding ticket, hire a lawyer. Florida law creates a presumption that the officer’s speed measuring device is accurate. Once the officer gets the reading into evidence, you have lost. The fight is in keeping the speed measuring device information out of evidence.

Things not to say in court: “My car just can’t go that fast;” “There was a car next to mine; the officer couldn’t have known which one he clocked;” ” I saw the officer behind me, so why would I have been speeding?” and “The officer didn’t show me his radar.”

You will be wasting the judge’s time, and this may be reflected in your sentence. Also, any speeding ticket you receive that’s 14 mph over the speed limit can be used by your insurance company to raise your rates even if you get no points. A lawyer may be able to get your ticket amended to a lower speed.

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