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.

Rule 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.

Read the rest of this entry »

A motorist who became an internet celebrity after video of him being stunned with a taser by a Utah Highway Patrolman appeared on YouTube will receive $40,000 as part of a lawsuit settlement with the state, the Utah attorney general’s office said Monday.

Jared Massey claimed in civil lawsuit filed in January that his civil rights were violated because Trooper Jon Gardner fired his taser before telling Massey he was under arrest. The confrontation was widely viewed on the internet after Massey obtained a copy of the video taken by the cruiser’s dashboard camera.

The video has been viewed on YouTube at least 1.7 million times and shows Gardner drawing his stun gun after the 28-year-old Massey refused to accept a speeding ticket and was ordered out of the vehicle.

Massey’s attorney, Bob Sykes, said he’s pleased with the settlement offer.

“They made what we consider to be a very fair offer of a significant amount of money,” he said.

The Highway Patrol said the trooper’s use of the taser was justified, but that his attitude was a problem. They put Gardner on administrative leave for a few weeks and said he received training in conflict resolution. Gardner was primarily put on leave for his own safety after state officials received numerous complaints.

Sykes said state attorneys offered to settle the lawsuit before ever officially responding to it, probably because of the video evidence.

“It’s pretty damaging,” he said. “The force used under these circumstances was nothing less than outrageous.”

Read the rest of this entry »

An off-duty Maricopa County, AZ sheriff’s deputy was stopped and cited by Peoria police recently for going 96 mph in a posted 45 mph zone, officers said. Jason Parker was cited and released at Hassayampa Justice Court for speeding AND having no proof of insurance. Police said Parker was observed going westbound at a high rate of speed by a Peoria police motorcycle officer.

A radar reading indicated Parker was going 96 mph in a posted 45 mph zone, police said. Peoria police said Parker admitted he was showing off his new Corvette for a friend. He faces an administrative investigation by the sheriff’s office in addition to paying the speeding ticket.