Beat The System 0708

The Definitive Guide to Outsmarting the System
And Beating Your Speeding Ticket in Court

WITHOUT A LAWYER!

By Damon Dallah

Fourth Edition

Copyright Beat the System All Rights Reserved
- 1 -
LEGAL DISCLAIMER:

The information contained within this book is not intended to be used as legal advice.
Beat the System is a compilation from the authors own knowledge, research,
opinions, experience and by consulting some of the relevant authorities, laws and
government publications.

Every attempt was made to ensure this information is accurate and up to date. The
author disclaims any responsibility for the accuracy of the content of this book. The
publisher and author disclaim any personal liability from loss, damages, convictions,
or risk incurred as a consequence of the use and application, either directly or
indirectly, of any information or methods presented in this book.

Also note that the author does not guarantee (either expressed or implied) that any
speeding tickets will be avoided or dismissed in a court of law when this system is
being worked. The reader agrees to use this information in a reasonable manner and
at their own discretion and risk.

Court procedures and laws differ (and change regularly) from sate to state and
county to county. The reader agrees it is their responsibility to know the law and
exact court procedures used where they live. If the reader is in doubt as to any legal
procedures, it is to their own benefit and highly recommended they consult with a
licensed attorney specializing in such matters.

Do not act on or rely on any information from Beat the System without consulting
with a licensed attorney as this book is not a substitute for obtaining appropriate
legal advice from competent, independent legal counsel.

TERMS OF SERVICE:

BY READING BEAT THE SYSTEM, YOU AGREE TO BE BOUND BY THE
PREVIOUS TERMS AND CONDITIONS OF USE. IF THESE TERMS AND
CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST STOP READING
ANY FURTHER.

This book contains material protected under International and Federal Copyright
Laws and Treaties. Any unauthorized use or reprints of this book is strictly
prohibited. You DO NOT have the right to repackage, copy, distribute or resell this
book! All violators will be prosecuted to the full extent of the law.

Copyright BEAT THE SYSTEM - All Rights Reserved

- 2 -
Table of Contents

Intro...6
How to Use This Book...........................................................................9

PART 1..10
So You Got a Ticket..11
First Things First..12
Set a Court Date.14
Your Legal Rights....16
Good Impression.19
The Traffic Court System..................................................................20
Players..21
In and Out24
Time in Court.25
Methods of Speed Capture......................27
Case Essentials..30
Calibration.30
Log Books.34
Direct and Cross Examination..35
Judicial Notice...36
Close Doesnt Count.38
Actual Trial............................................................................................39
What Not to Do..........................................................39
Plea Bargaining.44
Preventing the Officer from Showing Up..48
Standards of Proof...............................................................................51
Reasonable Doubt..52
Preponderance of the Evidence..54
How to Throw Out Evidence..57
Defense Strategy.58
Reasonable Doubt..59
Case Law62

Part 2.72
Fatal Flaws..73
Testimony Attack75
Stationary Radar Defense.82
Scenario #1..............................................................85
Scenario #2.88
Scenario #3.90
Scenario #4.93
Scenario #5.95
Scenario #6.97
Scenario #7.98

- 3 -

Moving Radar Defense.99
Construction Zone Defense.......................................................106
School Zone Defense.114
Laser Defense.118
Testing..123
Pacing Defense..126
Scenario #1127
Scenario #2129
Scenario #3130
VASCAR Defense..132
Scenario #1134
Scenario #2135
Scenario #3137
Scenario#4.139
Legally Speed Defense.142
Visual Estimation Defense...145
MUTCD Defense..146
Court Time..154
Discrepancies.156

PART 3..161
Playing Unfairly.162
Objections and Leading Questions165
Objections.165
Leading Questions.167
No Prosecutor...................................................................................168
Get a New Trial...171
Appeal173
Traffic School176
Closing Arguments178
Conclusion180

Glossary..183
Appendix187

- 4 -

This page left intentionally blank.

- 5 -
Introduction

Hello and welcome to Beat the System. When it comes to contesting
speeding tickets, NO other book comes close. Consider yourself fortunate for
being able to read this.

Much of its' content is not known to the general public. So mysterious and
secret, Beat the System will reveal amazing proven techniques that really
work!

Your decision to stand up and fight is an undoubtedly wise decision. At the
same time, it is a brave one for the simple fact that you will be going up
against one of the most powerful entities around... the US government.

I know that may seem like a very formidable opponent - but never fear. The
government, like any other form of organization in the world, is prone to
some mistakes.

These mistakes are our secret weapons.

What you have before you is all you'll need to master the art of beating
speeding tickets. Beat the System is a treasure chest of interesting tips,
tricks, and proven strategies that will ultimately have you saying goodbye to
speeding tickets forever.

Beat the System will put you inside the courtroom with the legal strategies
and defense tactics you need to beat your ticket easily and effectively.

Don't let that word 'legal' fool you. There's absolutely nothing difficult or
confusing about it.

No traffic court system in the country will be able to convict you of speeding
once youre done implementing Beat the System. The opposing state
prosecutor will wish he never laid eyes on you.

Who Deserves A Ticket?

So, what distinguishes one who deserves a ticket from one who doesn't?
Basically, there are two types of drivers on the road today.

You have your law abiding citizens who stop at every red traffic light, slow
down through school zones and give other drivers the right of way when
necessary.

They try to follow the posted speed limits at all times. Occasionally they may

- 6 -
exceed the speed limit, but only when it is safe to do so. Or they may exceed
the speed limit absentmindedly for a few moments. In other words, they are
for the most part safe drivers.

On the other hand, you have your speed racers who think they own the
streets. They make their presence felt with their disregard for traffic laws and
safety.

They run through stop signs, tailgate to get others to move and cut and
weave through heavy traffic.

They usually use their daily commute to catch up on things they didnt have
time for at home like eating breakfast, shaving or applying makeup.

They do all of this without the least bit of concern for others safety. Its
these types of people police officers should be focusing their attention and
trying to catch. Their driving habits are dangerous for everyone on the road.

I advocate safety to the fullest.

This is NOT a book that condones or
encourages fast and reckless driving!

If you find yourself driving extremely fast without any regard for others
safety, then you're on your own. You won't find anything to help you here.
You deserve a ticket. Beat the System crosses the line between safe
speeding and irresponsible driving.

As long as you aren't driving recklessly or while intoxicated, you will have a
great chance at beating your speeding ticket.

That's only common sense, but many people who do drive exceptionally fast
think they can continue to do so and get away with it simply by reading this
book.

So, if you bought this book with the intention of avoiding a ticket while you
and your buddies do a little drag racing, stop right now and get your money
back.

Nothing in here will help you!

It would be in your best interest to close this book and open up The Yellow
Pages instead to start looking for a good lawyer.

For the rest of you who momentarily lost track of your speed, werent going
40+ over the limit or who are innocent victims of the system, with Beat the
System at your fingertips you hold the most powerful source of information

- 7 -
money can buy.

This book will continue to pay for itself time and time again. Never will you
be duped into "illegally" contributing to your county, city or states revenue
pool again.

Sit back, relax and enjoy this e-book. It's quite the eye opener.

Damon Dallah - Author

Note: Throughout this book, I refer to the police officer, judge, prosecutor and
defendant in the masculine term. This is not to undermine females in any way. I only
do this because its easier to say he or him instead of he/she all the time when
describing someone. For all you women out there, please dont get mad .

- 8 -
How To Use This e-Book

This book is conveniently broken up into three parts.

Part 1 basically gives you a formal lesson of some of the traffic court
procedures, what to expect in court, what you should and shouldnt do
(before and during the trial) and other essential knowledge you should have
before actually learning the defenses.

Part 2 is where you will find the speeding defenses. Each defense is
separated into its own section or category.

Part 3 is more or less a conclusion that gives you additional tips on how to
handle the trial and other helpful hints that will assist you in getting the most
out of your trial.

I suggest you read all of Parts 1 and 3 and only the defense you need in Part
2. Theres really no need to read every defense given, if for instance youre
trying to fight a laser speeding ticket.

However, the one defense EVERYONE should read (regardless of what type of
ticket you are fighting) is the MUTCD Defense in Part 2. This defense is
applicable to everyone and is very powerful.

Lastly, off to the left of this book is a tab called bookmarks. Depending on
what version of Adobe Reader you are using to read this book it will look
different for everyone. But generally in older versions it simply says
bookmarks and in newer versions (7.0 and up) it looks like a sheet of paper
with a blue ribbon hanging down from it.

By clicking on this you can easily jump to different sections of the book
without having to scroll from page to page.

- 9 -

PART 1

The
Fundamentals

- 10 -
So You Got A Ticket

There you are on the side of the road somewhere late for work and staring a
speeding ticket dead in the face. For one reason or another, the officer didnt
give in to your efforts at trying to get a warning instead.

It could have been you were speeding much too fast or maybe you were the
victim of a ticket quota.

Whatever the case may be, that is behind you now. Dont gripe and whine
about it. Whats done is done.

All is not lost yet.

The mere fact that you have a speeding ticket doesn't mean anything at first.
By signing the ticket you haven't pleaded guilty or admitted to anything. You
are just promising to show up for court at the assigned date and time.

Now it is time to initiate Plan B.

Plan A involved trying to avoid the speeding ticket. If that didn't work, it is
time for Plan B -- beating this ticket in court!

Many people who don't bother fighting their ticket in court are under the
false notion that it is impossible to defeat. That's what the courts would like
you to think.

Nothing could be further from the truth.

Too many people needlessly pay up, without knowing what their options are.

They are intimidated with the whole court process and choose to bypass it as
much as possible by just paying the fine. If this describes you, then you have
been properly conditioned by our justice system.

The traffic court process is not as confusing and scary as you think. Going to
court can be a simple task if you know how to do it.

Now it is time to learn how.

- 11 -
First Things First

The first thing you will want to do is examine your speeding ticket. This is a
very important first step.

There may be some required procedures for you to perform, BEFORE you
step foot inside the courtroom. This means if youre instructed to do
something - you had better do it!

Many states and jurisdictions require you to put forth some effort before
something can be done. For instance, you may be required to show in writing
that you request the presence of the officer to testify during the trial.

Failure to do so may result in you showing up for court with no officer
present. As much as you like the sound of that, Im sorry to inform you that
this is a TERRIBLE idea.

In these instances, your case will not be dismissed if the officer fails to
appear in court.

Why?

Because you never requested that he shows. If you dont request it - he
doesnt have to come.

Instead of the police officer coming to court he will send a written affidavit
stating your guilt. When the officer is not present in court, the only thing you
have to question is the affidavit itself.

Ever try to get an answer from a piece of paper? Its not very cooperative is
it?

When the officer doesnt show for court, your defense strategy crumbles
because the affidavit then becomes the eye witness against you. Since you
cant prove a piece of paper to be wrong (it cant answer your questions),
you lose your case.

Many jurisdictions use this sneaky practice. Read the back of your ticket very
carefully. All pertinent procedures should be followed exactly as described.

Another thing they have been doing more and more these days is requiring
you to subpoena the prosecutions evidence before you go to court. This way,
if you ask the prosecution to submit forth any evidence and you did not
subpoena it before the trial, the judge will say the prosecutor has no
obligation to present this evidence.

- 12 -
As youll see later in this book, I tell you not to do such a thing before the
trial. However, if it specifically says on the back of your ticket to do so, then
simply write a letter with your ticket information on it and the date of your
trial stating that you want the prosecution to present ALL of the evidence
relevant to your case.

This is what is called a subpoena duces tecum (pronounced dookis takem).
(You may have to get the appropriate documentation from the courthouse in
order to do this. Contact the court and find out for sure.) By having done so,
you deny the judge or prosecutor the chance to say they dont have to
present the evidence you are requesting.

Never request a specific item. Just say you want ALL the evidence to be
brought to court the prosecutor plans to convict you with. This is just a
formality. More than likely the prosecutor still wont bring anything with him.

Lastly, check to see how you are supposed to plea. Sometimes you may have
to put your plea in writing and mail it to the court.

Important Note: If you send anything by mail, make sure it is
registered mail. This way you can show proof that you did send
something if they say you didnt. Have the court clerk sign for
receiving your mail. Also keep a copy of what you send and
always bring it to court with you.

The next thing you will want to do is find out what method the officer used
to measure your speed.

I always inform people not to ask the officer during the traffic stop how he
clocked you speeding, so as not to tip him off that you will be contesting the
charge.

Instead, just take a look at your speeding ticket. It will be written
somewhere on the ticket the exact measuring device used (i.e. radar, moving
radar, laser, pacing).

Not until you find out exactly what the officer used to measure your speed
can you begin to build your case. Once you have this information, youll know
what defense strategy is best for you.

Note: If the method used to clock your speed is not given, then
your only choice is to make a discovery request (more on this
later).

- 13 -
Set A Court Date

The next order on the agenda is to set your court date so you can contest
your ticket. Procedures will differ depending on where you live, but basically
there are three ways to set a court date:

1. Going to the courthouse and requesting a trial in person.

2. Sending a copy of your ticket to the courthouse and
requesting a trial date.

3. Attending the arraignment date given on the ticket and
giving your plea.

Find out which is offered where you live by examining the ticket or by calling
your local county clerk.

How to Plead
In court you have three options to choose from when pleading your case.

1. Guilty - By pleading guilty, you are relinquishing your right to
contest this ticket in court. You are stating that the accusations
against you are correct and you are willing to pay the price.

The judge will then find you guilty and impose a fine. Your meeting
with the law is now over and you will be instructed to go down to the
clerks window and pay the fine.

2. Nolo Contendere - Also known as No Contest. This plea basically
states you do not completely disagree with the charges against you,
but that you have an explanation as to why you committed the
violation.

You are placing your fate in the hands of the judge.

Most people choose to plead No Contest to traffic violations. After
pleading no contest, depending on your excuse, the judge may find
you guilty or not guilty.

I would say that 99% of those people who plead No Contest
will ultimately be found guilty -- good excuse or not.

3. Not Guilty - This is what you are going to plead. By pleading not
guilty, you are not necessarily stating you did not commit the
violation, but the courts can not prove, by providing sufficient

- 14 -
evidence, that you are guilty.

When you plead Not Guilty, the judge will set a date and time for you
to reappear in court and will subpoena the officer who gave you the
ticket to also appear (remember in some states you may have to
subpoena the officer yourself check your ticket).

This next court date will be the actual trial.

Simply by pleading Not Guilty, you already have a 30 - 50% chance
(give or take) of beating your ticket.

Many times, for a variety of reasons, the officer will fail to show up to
court. If he doesnt show, your case will most often be dismissed! If
this doesnt encourage you to fight your ticket, then I dont know what
will.

- 15 -
Your Rights

As a U.S. citizen, the constitution has given you some very powerful rights
when it comes to contesting speeding tickets. Know and understand your civil
liberties before going any further. It's these rights that make this country a
great place to live in.

Know What You Are Being Charged With
You have a right to know why you are going to court. Any questions or
concerns should be addressed to the courts.

Innocent Until Proven Guilty
Anyone who is charged with a crime in this country is innocent until
the prosecution can prove otherwise. The same holds true in traffic
court cases.

If you are charged with a traffic offense, the burden is on the
prosecution to prove you did in fact commit the alleged violation.
Depending on where you live, that burden of proof can be very high or
extremely low. (More on this later.)

Right to a Speedy Trial
This gives the state a certain amount of time to try your case in court.
If that time expires, the state may not be able to carry through with
the trial.

The term for this time is called the Statute of Limitations.

If you can prove that the state has exceeded the Statute of
Limitations, you should have your case dismissed.

Normally, this time is no more than 45 - 90 days from your
arraignment date. But it will differ from state to state. Its a good idea
to keep a close eye on this date. Many times the court clerk will make
an error in scheduling your court date and may give you a date that
falls outside the mandatory time they have to try your case.

If you do notice the date is more than 45 days (or whatever time your
state has) from your arraignment, say absolutely nothing about it. If
you mention it to the courts, they have the right to change your trial
date.

What I suggest you do is keep quiet about it until your trial. When
your case is called, motion to the judge to have your case dismissed

- 16 -
since your right to a speedy trial has been violated.

Motion for Dismissal: Your Honor, my right to a speedy trial has
been violated in that the trial date has been scheduled past the
Statute of Limitations of 45 days. I motion for a dismissal.
(Note: 45 days is given as an example only. Yours may be slightly
shorter or longer.)

Right to Counsel
When attempting to fight this ticket in court, you have the option of
hiring the services of an attorney or representing yourself.

The state will not appoint a lawyer for you, unless jail time is at stake.
Otherwise, you would have to pay for your own attorney.

Should you hire one?

I always shy away from hiring an attorney for traffic court cases. There
are two main reasons why you should not hire an attorney.

Reason #1 - The lawyers fees may be too high for the offense you
are being charged with.

Reason #2 - You can easily do what a traffic attorney would do in
court.

The only time you should hire an attorney is if jail time or the loss of
your license is at stake. You will find the services of an attorney almost
mandatory in these instances.

Otherwise, go it alone and save yourself some money. I guess youve
already decided on that or you wouldnt be reading this right now.

Right to a Jury Trial
If you feel the judge will be biased when rendering his final verdict,
you have the right to motion for a jury trial (in criminal cases only).
Although this may seem like a good idea, dont do it.

Prosecutors always come prepared for a jury trial. Jury trials also cost
the court time and money. If you want to make the judge mad and
order a jury trial, go right ahead.

But be forewarned, jury trials are harder to win.

I should also note that this option is not available in all states. States
which have decriminalized speeding offenses no longer offer you the
right to a jury trial. Your case is considered a civil offense where there

- 17 -
are no juries.

Right to Discovery
Before your court date, you can motion for the prosecution to submit
forth all the evidence they plan to convict you with. This is called
discovery and may sound like a good idea at first, but it is one of the
most damaging things you can do.

I highly recommend you steer clear of doing this. (However there are
certain times where you have to -- i.e. to find out the method used to
clock your speed if it is not written on the ticket.)

If you ask to see the prosecutions evidence, the prosecutor will know
you are planning a good defense and he will better prepare his case
against you.

Never hint to the prosecution you are familiar with the legal system.

Never contact or ask the prosecution for anything before the trial
starts.

The objective of Beat the System is to catch them by surprise. I will
speak a bit more on discovery a little later in this book.

Right to Avoid Self Incrimination
This is going to be one of the most important rights you have with you
when you walk into that courtroom. This allows you the right to avoid
testifying on the stand where the prosecution can cross examine you.

By testifying on your own behalf, you stand the chance of
incriminating yourself or having the prosecution damage your
testimony during cross examination. Again, I will touch up a bit more
on this topic also.

- 18 -
Good Impression

Since you will be in a court of law, it only makes sense to arrive clean and
well presentable in appearance. You don't have to necessarily wear a suit and
tie, but first impressions are vital to winning your case.

In a situation where things can go either way, the judge may rely heavily on
your appearance and manner to render his decision.

Always arrive on time and prepared. If your case is called and
you are not present, you will be found guilty of the charge
against you or worse yet, have a bench warrant out for your
arrest.

Always address the judge as Your Honor or Judge.

Never engage in loud or disruptive behavior. You are only
damaging your case and increasing the chance of getting hit
with contempt of court which may carry jail time.

Never interrupt the judge or prosecutor while they are talking.

Always stand when the judge is entering or leaving the room.

Take off your hat and sunglasses inside the courtroom.

Avoid wearing bright colors to court.

Take off your coat, if it is big and bulky. You will look more
presentable with the clothes you have on underneath.

Avoid wearing excessive jewelry. If you have long hair, wrap it
up in a pony tail. Men should remove all earrings prior to going
to court. Also, both men and women should remove lip, nose,
and eye rings. All judges will be critiquing you on your physical
appearance.

Turn off all cell phones and pagers during the trial. It's very
rude and disruptive to have your phone ring while court is in
session.

Avoid bringing young children who can cry and be distracting
during the trial.

- 19 -
The Traffic Court System

Maybe you have stepped foot inside a traffic courtroom before. Its probably
the only experience youve had with the legal system. Unfortunately, most of
you dont know what to do once you get there.

Fear and a lack of knowledge make people discouraged from using the very
system which is in place for their protection. Because of the misinformation
that is floating around, about 95% of ticket holders walking into traffic court
will just plead guilty and pay the fine.

Frightened people see courtrooms with huge ceilings and cold, lonely
atmospheres. The judge always looks like a bully out to get you. Everyones
intimidated with the whole court process and wants to get it over with FAST!

Do not be intimidated by the court. If you give in to your fears you will never
win. The judge, police officer and prosecutor are all on the same side and
team up against you to instill fear. This keeps you off guard and them in
control.

You can break that level of control by knowing your rights. The law really
does work in your favor and limits what these guys can or cant do in the
courtroom. They have to follow the same rules you do too, so they are NOT
above the law.

It is easy to get sidetracked and hypnotized with the whole courtroom
atmosphere and legal jargon. If you allow this to get to you then the court
system has done its job and prevailed against you.

The only way to avoid the common pit falls of the court system is to be
knowledgeable on basic issues and to be armed with a foolproof defense
strategy.

This book will do just that. After you have read it, you will never
look at the court system the same way again.

- 20 -
The Players

The traffic court system is very similar to any other judicial system in the
country. There are certain people you should familiarize yourself with before
stepping foot into the courtroom.

They are as follows:

The Judge
The judge is the highest authority in the courtroom. In some instances
a judge may appoint a magistrate to preside over the trial. A
magistrate isnt a judge, so to speak, but functions like one in the
courtroom.

No matter whom it is, his job remains the same. He is in court as a
neutral party.

He will hear both sides speak and after everyone is finished with their
case, will render a decision based on the evidence that was presented.

He is the one you will be making your motions and objections to.

His main role is to act as a referee between the prosecution and the
defense (you).

Although by law, the judge must have a neutral position in the
courtroom, you will soon find out that his main goal is to find you
guilty.

Of course he will never admit it, but the judge does not like his time or
the courts resources wasted on a lousy speeding ticket.

In his mind, you are guilty and should have just pleaded that way in
the beginning.

For all purposes of this book, your main objective in the courtroom is
to convince and persuade the judge into dismissing your case.

Unless you are cross examining the states witness (police officer), all
your words and actions should be directed towards the judge.

The judge is the only one in the courtroom that can find you not
guilty.

Don't get on his bad side. You could very well have a solid defense,
but wind up guilty anyway if you say or do something to make the
judge mad.

- 21 -

The Prosecutor
The prosecutor is the states lawyer hired to represent its' case. Often
times, the prosecutor is a recent law school graduate who is only in
traffic court until they get a higher position and better paying job.

With their inexperience, mediocre pay and desire to be somewhere
else, you are at a great advantage over the prosecutor.

Unlike a high money trial or murder case, the prosecutor NEVER comes
fully prepared. Traffic cases involve dozens of trials that must be heard
in a relatively short period of time.

Due to this fact, the prosecutor doesn't have the time or resources to
completely establish his case against each defendant. As a result,
important pieces of evidence will fail to make their way into the
courtroom.

Thats really good news for you!

If it weren't for the lack of time and resources on the prosecutions
part, Beat the System would be awfully hard to work. Beating your
ticket would become a very gruesome task.

Fortunately for us, we can allow the system to work in our favor. With
the "hurry up and get them out of here attitude the courts have, your
case becomes so much easier to win.

Special Note: You should be advised that not all states will hire
a prosecutor to represent their case. It is completely legal for a
trial to continue without one. But, it really doesnt make a
difference either way. Whether a prosecuting attorney is present
or not will not change the outcome of the trial. I include some
information later in this book on how to handle a case when no
prosecutor is present.

The Bailiff
The bailiff is a uniformed officer of the court. He's the judges right
hand man. He acts as the courts police officer and judges helper. If
you are unruly, he will escort you out or worse arrest you.

The Court Clerk
The court clerk under general supervision performs a variety of legal
procedures relating to the preparation and processing of court cases.
The clerk also files court documents and receipts fines, fees and bond

- 22 -
payments. If you should ever have a question about your case
before it starts then this is the person to see.

The Star Witness
The prosecution's star witness is always the police officer who issued
the ticket. He will be the first and often times only person to take the
stand and testify. His testimony is of great importance in the
courtroom for two reasons:

1. He is a police officer who, like the bailiff, is an officer
of the court (more on this later).

2. He is the one who clocked you speeding, so he is an
eye witness to the violation.

The police officer is no stranger to the court system. He's probably
been there hundreds of times before to testify against motorists. He
knows what to say and how to say it. He will give his testimony very
convincingly.

The police officer knows the judge and prosecutor very well. Often
times they are on a first name basis. They will work as a team to try
and bring you down. Every person they encounter uses a slightly
different variation to the same defense.

They are familiar with the "it wasn't me" or "radar was faulty"
defenses and know how to respond to them.

Not until they see you, will they encounter that one in a million
unbeatable defense strategy. They won't know what hit them and
wont be able to respond. They will accept it as a loss and carry on.

The Defendant
The defendant is the accused. You are the defendant in this case. The
defendant has many rights at his disposal for defending himself (as we
have just seen).

One of those rights is cross examination of the prosecutions witness.
It's here where the defendant (you) will win the case!

- 23 -
In and Out

Your time in the courtroom will be swift. Things will be happening very
quickly.

Traffic court cases cost valuable time and money. When you add the judges
fee, the prosecutors fee, the police officers overtime, the courtroom fees,
paperwork, secretaries, and case filers -- the costs quickly skyrocket.

It is in the courts best interest to speed things up as much as possible.
Every minute in that courtroom is costing the city money.

The faster they can get people in, the faster they can find them guilty and
impose their harsh (and ridiculous) fines.

This in and out attitude the courts have adopted does a pretty good job of
maximizes their returns -- but it makes the courts vulnerable for a whole lot
of critical mistakes. And its these mistakes that make it so easy to beat your
speeding ticket.

Fortunately for us, we can allow their hastiness to backfire on them.

You see, the prosecutor has to try dozens of cases throughout the day. He
doesnt have the time or resources to properly prepare his case for each
defendant he prosecutes. As a result, important pieces of evidence will fail to
make their way into the courtroom.

This is how we manipulate the system.

With this unique defense strategy you are about to learn, the prosecutor is
caught off guard and cant respond. Hell be more than happy to have your
case dismissed on the spot for fear of someone else in the courtroom
mimicking your exact moves.

With so many other defendants in the courtroom the judge will be eager to
dismiss your case too if you expose these mistakes.

This is yet another advantage you have over your opponent.

But never forget this: you must capitalize on your advantage!

It doesnt make sense to just know they make mistakes, but its also
necessary to know what mistakes they make. And then once you know what
these mistakes are you can easily formulate a defense plan around them.

- 24 -
Your Time In Court

After your initial arraignment, you will have your trial. Actually, in some
places there will be a pretrial date before the actual trial. It is at the pretrial
where deals are made. We wont distinguish between the two because then it
tends to get a little confusing because not all places have a pretrial. Just
regard the following information as if it were the actual trial.

There will be a date and time for you to attend. Make sure youre not late. Id
advise you come at least 30 minutes early and sit towards the front of the
courtroom. Sometimes (but not always), the first person in the courtroom
will also be the first to give his defense.

The reason why this may be so is because when the bailiff (or other court
employee) starts roll call he or she will begin from the front of the court and
one by one ask everyone to state their name.

As these names are called off, their case files will be stacked in this same
order. When the cases are finally heard, the judge will usually start in the
same order as the names that were called.

As you arrive, you may or may not be allowed to enter the courtroom. Just
wait out in the lobby until the bailiff invites everyone into the courtroom.

Once inside, the judge will not be present at first. The bailiff will call
everyones name to make sure they are present. Once all the names have
been called, the prosecutor (or assistant prosecutor) will now attempt to
strike some plea bargains (deals) to prevent as many people as possible
from contesting their tickets.

He will only call those defendants who have decent driving records. One by
one names will be called and people will be leaving the courtroom to follow
the prosecutor to his office.

This process is carried on with the rest of the defendants. Once everyone has
been taken care of, the judge will then enter the room.

Now, it is very difficult for me to get into too much detail at this point.
Procedures vary greatly from state to state, but Ill give you a general
description of what comes next to follow.

First, anyone who has hired a lawyer to defend them will be allowed to go
first. Thats usually the case throughout the county. Once they are out of the
way, the judge will then begin to call everyone else who has come to defend
themselves.

Once your name is called, approach the defendants desk and wait for further

- 25 -
instructions.

The judge will give the prosecutor the go-ahead to start his case against you.
The prosecutor may begin with a short opening statement.

Once he has done that, he will call his star witness (the police officer). The
police officer will take the stand where he will be questioned by the
prosecutor to try and establish your guilt. This phase of the trial is called the
direct examination.

The prosecutor will start with the customary routine of asking the officer to
state his name and number of years on the force.

The prosecutor will then ask the officer what it was he caught you doing and
how he caught you doing it. The officer will respond with convincing
testimony.

One-by-one the prosecutor will be asking the officer specific questions about
the stop. Each question is designed to make you look guilty. The police
officer already knows what will be asked and always has his answers ready.

Back and forth the prosecutor and police officer will be building their case
against you. Like a championship team, they will wok very well with each
other. It will seem as if the prosecutor has destroyed you with his well
thought out questioning of the police officer.

But when you know exactly what the prosecutor is going to ask during the
direct examination, you can easily put together an unbeatable cross
examination.

Once the prosecutor thinks hes done a good enough job at proving his case
to the court, he will then throw the ball in your court so that you may begin
questioning the officer.

The judge will then ask you if you would like to cross examine the police
officer. You reply Yes Your Honor, and wait for further instructions.

Place your note cards you have prepared in advance on the desk or podium
in front of you. You are allowed to read directly from your notes, so there is
nothing to memorize.

You will then commence with your cross examination as outlined in Part 2 of
this book. Dont be discouraged, if you do it right it will only take a few
minutes!

- 26 -
Methods of Speed Capture

Basically, a police officer has 6 different methods to measure your speed.

They are...

1. Radar
2. Laser
3. Pacing
4. Photo
5. VASCAR
6. Aerial

1. Radar
The most popular method of speed detection is without a doubt, radar. Radar
stands for RAdio Detection And Ranging.

It works by transmitting radio waves from a gun into the air at a certain
frequency. When these waves hit a moving object they will bounce back at a
different frequency.

Depending on how fast they come back, the difference in frequency is
mathematically calculated as the speed. This speed then appears on the
small screen of the radar gun.

It's important to point out that there are numerous factors that can occur
either while the radio wave is being emitted or while it is returning, to give a
false reading.

Plus, the person operating the radar gun can and will make mistakes. It's
good to know this, but you shouldn't concern yourself with it too much.

The radar gun must be frequently tested and calibrated for accuracy. This is
done with the use of tuning forks (more on this later).

There are also two modes of radar guns, stationary and moving radar. As
their names suggest, stationary radar guns can only be used when the police
car is not moving and moving radar can be used while the car is in motion.

As a result of these differences, there are separate defenses needed for each
type of radar unit. Of course, I give you both of them.

I can go on and on about how radar works and how it fails. There have been
entire books written on this subject. For our purposes it's enough to know
that radar guns can and do make mistakes. The actual workings of the radar
guns are not important and extremely boring.

- 27 -

2. Laser
Laser or lidar as it is also known, differs a bit from the radar. Instead of radio
waves, a laser uses pulses of light. Light from the laser gun is beamed on a
moving object.

A laser makes its calculations using time and distance. Each pulse of light
travels a certain distance to hit its target. That distance will get shorter as
the object approaches. Depending on how fast that distance gets shorter, a
measurement of the speed is calculated.

Like the radar gun, a laser gun must also be tested and calibrated for
accuracy.

Like the radar gun, the laser gun itself can be field tested by the police
officer. The test involves securing the laser gun to a fixed position (or tripod)
and distance.

There are no tuning forks for a laser gun.

Laser is not as wide spread in its use as radar is, but it is gaining in
popularity. There are only about 30,000 or so laser guns in use today, (as
opposed to over 150,000 for radar). That number will continue to remain low
because of its high cost, about 3 to 4 times that of radar.

3. Pacing
If you ever get pulled over for speeding by this method, you definitely
weren't paying attention to your surroundings. By pacing you, an officer will
travel nearby (usually behind you) at the same speed you are for a short
distance and then he will look at his speedometer reading.

Whatever his speedometer reading is, that's the speed you are traveling at.

As you probably guessed by now, yes, the speedometer in the vehicle
has to be calibrated too.

Either by a facility certified in speedometer calibration or by the officer
clocking the vehicles speed with a (calibrated) radar or laser gun. If the
reading in the radar/laser gun matches the vehicles speed, then everything is
working properly.

One thing I would like to mention regarding the calibration of speedometers
is that internal and external factors can alter a speedometers reading.

Let's say a vehicle has just had its speedometer calibrated. About 2 weeks
later it becomes involved in an accident. In a court of law, the speedometer
is no longer considered calibrated. Not until a new calibration is performed

- 28 -
after the accident will the speedometer be accurate.

4. Photo Radar
Photo speed detection is where an apparatus is set up on the side of the road
with a camera and a radar gun coupled together. Whenever the radar gun
triggers a vehicle traveling over a certain speed, it instantly sends a message
to the camera to take a picture of the entire vehicle.

After a whole day of this, all the pictures taken will be collected and by the
license plate information, the owner of the vehicle is located and mailed a
speeding ticket with a fine.

Once again, the radar gun and camera must be calibrated.

5. VASCAR
VASCAR stands for Visual Average Speed Computer And Reading. It's a
very simple process. The officer will have two defined markers on the road
(usually a quarter of a mile apart).

As you pass the first marker, the officer starts a stop watch (or other similar
device). As you cross the second marker, the officer will stop the watch.

The amount of time it took you to get from the first marker to the second is
divided by the length between the markers. This will give the officer your
speed.

It's a type of visual estimation. Although you may have never heard of it
before, it is a very popular form of speed detection in many states.

6. Aerial
This is the biggest waste of taxpayers money the government has ever
spent. Basically, a plane in the sky will target fast moving vehicles on the
ground and measure their speed.

Once a reading is taken, an officer waiting on the ground is notified of the
vehicle and pulls it over to issue a ticket.

It's only used in a small number of states. The cost of maintaining this type
of speed detection is obviously expensive (i.e. airplane, gas, pilot, police
officer).

For an aerial defense you will use the same one for VASCAR. They both
employ the same principles, except for VASCAR the officer is on the ground
and for aerial the officer is obviously in the air.

- 29 -
Case Essentials

Calibration

The American Heritage dictionary defines calibration:
1. To check, adjust, or determine by comparison with a standard (the
graduations of a quantitative measuring instrument): calibrate a
thermometer.
Calibration is the means of testing and/or repairing a measuring device to
establish accuracy. For our purposes, calibration involves the testing of a
speed measuring device, whether it be photo radar, radar/laser gun, or
pacing (speedometer).

In either case, the measuring device must be properly calibrated in order for
it to be considered accurate in a court of law.

The best way to check any electronic measuring device is to compare it with
another device set at a certain known measurement and see if the two are
exact.

If they are, everythings working fine. If they are different, it becomes
obvious that one of the two measuring devices is faulty.

Accuracy Check
Being that radar guns are electronic and are used to measure
something - speed - they must be periodically checked for accuracy.

All radar guns come equipped with an internal check button. This
allows the officer to give it a quick circuitry test by pushing the button
and displaying a preprogrammed speed on the screen.

This is only considered an initial quick check, just to show that the
inner electronics are functioning properly.

There is a better and far more legally accepted way to check or test
the radar unit.

Every radar unit comes with at least 2 or 3 tuning forks. These
tuning forks are set at a certain speed. Each one is a little higher than
the previous, i.e. 30 mph, 50 mph, and 70 mph.

- 30 -

The radar will give out measurements for each fork. If each
measurement corresponds with the fork being used, it's a safe bet that
the gun is functioning properly.

Another way to check the gun for accuracy is to clock another vehicle
(usually a police car) traveling at a pre-determined speed.

If both the vehicles speedometer and the radar reading are equal,
then it's safe to assume the gun is working properly, but ONLY if the
speedometer in the vehicle was calibrated also.

Tuning Forks
As mentioned, the radar gun must be tested with tuning forks. Every
radar gun issued in this country comes with two or three tuning forks.
Each tuning fork is stamped with a serial number.

These tuning forks are specific to the radar gun they come
with. The officer MUST use the same tuning forks issued with
the unit. He can not use a tuning fork from an outside radar
gun!

Much like tuning forks you might remember in music class, radar
tuning forks work exactly the same way.

By hitting the tuning forks against a non-metal object (usually the
soles of the officers shoes) each individual fork will give off a certain
wave frequency. Each tuning fork is preset with a specific wave
frequency and when it is hit it will give off that exact frequency.

When the radar gun is used to calculate this frequency (by pointing it
at the tuning fork), it must match (within 1 mph) to the tuning fork.
If the tuning fork is set at 30 mph for example, the radar gun must
indicate a speed of either 29, 30, or 31 mph. Anything outside this
range is unacceptable.

An Important Note Concerning the Radar Gun Test:
Every radar gun comes with a manual. Regardless of who
manufactured the radar gun, every manual states the same thing
regarding the accuracy of the radar gun.

They all say that a radar gun can only be established as being
accurate if it was tested BEFORE and immediately AFTER it was used.
You will want to use this during your defense.

Also note that police officers do not calibrate radar or laser guns.
What they do is test them for accuracy. Theres a difference between
the two.

- 31 -

The actual calibration is done by a certified professional. This can
involve a number of procedures such as taking apart the radar unit or
using special equipment and computers to calibrate the unit, which is
outside the scope of typical police work.

Many books on the subject of beating speeding tickets dont
differentiate between the two (testing and calibrating) but I do and
you should too.

An Important Note Concerning the Tuning Forks:
If the tuning fork is damaged (cracked, scratched, or chipped) or is
exposed to excessive heat (as is commonly the case when placed in
the trunk of the police car), it will give off a different tone than what
was originally pre-set. If this happens, any testing that is performed
by the officer will create faulty readings.

Not only must the measuring device be tested, it must be tested within a
reasonable time of the offense. Depending on the device used, this time
differs.

With regards to a radar gun, reasonable time is no longer than the actual
day of the offense. The officer must test the gun on the same day you were
clocked.

Also, as a double check, the unit MUST BE checked again immediately after
the ticket is written. Many officers fail to perform the check after the ticket is
written.

Very Important: Not only must the radar gun itself be tested for accuracy,
but the tuning forks used to test the radar gun must be calibrated
within a reasonable amount of time. This time is usually no more than 6
months (or 1 year in some locations) from the time the offense occurred.

If the tuning forks were dropped or damaged in any way, regardless of when
the last time they were calibrated, they must be recalibrated.

The calibration of the tuning forks should be done by a certified facility and
not the police officer.

If the officer tested his radar or laser gun by clocking another vehicle, the
speedometer in the vehicle must also have been calibrated.

In almost every state, 6 months to 1 year is the maximum length of time
regarding speedometers. The calibration must also be done by a certified
facility. Not any garage will do.

If the vehicle has been in an accident or has had new tires or any other

- 32 -
alterations done to it, the speedometers calibration is no longer considered
valid until a new calibration has been performed.

Testing and calibration is a very important aspect to winning your case.

If you can show the device used to measure your speed was not tested or
calibrated (or at least not in accordance with a certain time frame), you
should have no problems convincing the judge to dismiss your case.

- 33 -
Log Books

Radar Log

When a radar gun is repaired and/or calibrated by an authorized facility this
must be documented in what is called a radar log. The time and date of the
repair, when and by whom it was last calibrated and any malfunctions
associated with the radar gun (past and present) are all documented.

Activity Log

The activity log (they may use a different name such as an arrest log) shows
the date and time of your arrest (being pulled over), and any testing
performed on the radar gun (on the day of your arrest). Also, the officer who
checked out the radar gun that day will be documented.

Most officers fail to bring the activity log to court with them. When you ask
the officer for it and he doesnt have it, he is left without evidence to prove
he tested the radar gun both prior and after issuing the speeding ticket.

Without this crucial piece of evidence, you have established enough legal
doubt as to whether the officer performed these tests and as a result, your
case should be dismissed.

Maintenance Log

The maintenance log shows the vehicle history of the police car. This log
comes in handy when the speedometer of the police car is questioned.

It will show if the vehicle was involved in an accident, any repairs done to the
vehicle and speedometer calibrations (if any). You can bet the officer does
not have this particular log with him in court.

- 34 -

Direct and Cross Examination

Anyone who takes the stand to give testimony regarding the case has the
chance to be questioned by both the prosecution and the defense (you).
Depending on who's doing the questioning, each phase of questions has a
different term applied to it

Direct Examination
The first phase of questioning takes the form of direct examination.
Here, the witness (police officer) will give his testimony as to the
specifics of the case. This is where the witness will try to establish
some credibility in his allegations against the defendant (you).

Cross Examination
Once the witness is done giving his testimony the opposing side has
the opportunity to cross examine the witness. During this cross
examination, the opposing side will be doing it's best to discredit
everything (or the more important points) the witness has just said.

The opposing side can only ask questions or make statements that
pertain to the witnesss testimony.

Important points:

Only ask questions. Avoid comments or direct accusations.
Now is not the time. You only want to be asking questions and
damaging the witnesss testimony.

Once the prosecutor has finished with its direct
examination of his witness, he may then rest his case.
Once he has rested his case, he can not submit new evidence
that his witness did not originally testify to.

One can only cross examine a witness as to the testimony
he/she has given. Asking questions not regarding the case or
his/her testimony will be stricken from the record.

You have the right to choose not to testify on the stand. If
you take the stand to testify on your own behalf, you can bet
the prosecutor will be more than willing to cross examine you.

- 35 -
Judicial Notice (Very Important)

Judicial notice is where the court will accept something as being true
without any evidence (or expert testimony) to prove it. The law.com
dictionary says that examples of matters given judicial notice are public and
court records, tides, times of sunset and sunrise, government rainfall and
temperature records, known historic events or the fact that ice melts in the
sun.

Judicial notice has been taken into consideration regarding radar guns and
speedometers.

The courts will accept them as accurate measuring devices as long as they
were calibrated and used properly.

Radar guns and speedometers are expected to be accurate speed measuring
devices provided that:

1. Operated by a trained and competent individual.

2. The radar unit was tested both before and after an alleged
violation.

3. The unit was calibrated within a certain time frame (usually
every 6 months to a year).

4. The device (ex. tuning forks) used to test the radar gun or
speedometer was also calibrated itself.

If all four of the above are proven true, (or at least testified to be true) then
judicial notice will be taken.

Please Read This: Just because the courts have taken judicial
notice that speedometers and radar guns are accurate means of
speed detection without expert testimony, DOES NOT mean
they can deny your request to see actual proof of calibration. By
asking to see actual proof, you are merely trying to get the
officer to provide evidence that he did conform to the required
steps above in order for the courts to take judicial notice! If and
when he fails to provide this proof, then the courts can no
longer accept the notion the device was accurate.

If the calibration of the equipment is not pursued by you, the courts will not
accept the radar gun or speedometer as being faulty. It's up to you to create

- 36 -
uncertainty as to their level of accuracy.

Thats why using any other defense except Beat the System won't work.
Claiming the gun clocked a different vehicle or that the gun was not working
correctly or that the officer made a mistake only allows the judge to take
judicial notice on the matter.

Unless you can prove the radar gun clocked a different vehicle or that it was
inoperable at the time of use, will this work. Otherwise, it will be assumed
the gun was working properly.

- 37 -
Close Doesn't Count

When you were charged with the speeding offense, the officer clocked you
going at a specific speed. This actual speed is the charge against you. If you
were clocked doing 77 mph, the prosecution must prove you were going 77
mph. Not 78 or 76, but 77 mph.

Fines are based on the exact speed you are charged with. So, if you were
caught traveling 77 mph, your fine will be higher than if you were traveling
67 mph and vice versa.

When you plead not guilty to a speed violation - you are pleading not guilty
to the exact speed you were charged with. They can say you went over the
posted speed limit, but that's not good enough.

They must prove the method used to calculate your speed was working
accurately at the time the offense occurred. If they fail to do that - it will be
assumed the device may not have been calibrated, since there is no evidence
to prove otherwise.

This means you could have been going 75, 76, 79, or 80 mph, but the exact
charge against you is 77 mph.

The exact charge may not be so exact, if they dont supply documentation to
prove you were clocked with an accurate method of speed capture.

Word of Warning: If you admit to any speed other than the
charge against you, the judge can change the charge to what
you said you were doing. If you say that you were only going 65
mph instead of 75 mph - the judge will change the charge from
75 to 65 mph and find you guilty!

- 38 -
The Actual Trial

What NOT To Do

There are certain things you should NOT do before or during the trial. Often
times you can have your case lost even before you step foot inside the
courtroom. Make sure you avoid doing the following:

Discovery

Discovery is a legal process that allows you to see the prosecutions evidence
before your trial. Never ask for the prosecutions evidence before the trial.
This sends red flags to the prosecutor that you are planning a good defense
and he will come prepared.

Remember, Beat the System is based on the fact the prosecution will come
unprepared to court. If he comes prepared, it's only because you tipped him
off.

Motioning the court for evidence spells big trouble for you. Almost every
book out there will tell you to request documents and evidence from the
prosecution before trial.

Don't do it!

It will do more harm than good. You want to be as inconspicuous as possible
and attack when they least expect it.

Never contact the court or prosecution before trial.

Bring Witnesses

Never gather witnesses to testify in your defense. You never know what they
may end up saying, even if you practiced in advance.

The prosecution is keen at damaging a persons testimony, truthful or not.
Plus, theyre your witnesses and are expected to be on your side. The judge
will give their testimony very little weight.

Beat the System doesn't call for any witnesses to be subpoenaed or brought
to court.

- 39 -
Ask for a Continuance (Postponement)

Many other books on the subject of beating speeding tickets will tell you to
ask for a continuance before your actual court date. Basically, what happens
is that you ask the court to extend (or postpone) your court date to a later
time.

Of course, the courts will want a valid reason for the delay and will often ask
for proof to substantiate your request.

Most of the time traffic court cases are extended to one month of the original
court date, but it could be just a couple of weeks or even a few days.

The authors of these books would like you to believe that by doing so, you
"greatly increase your chances at winning. They claim there are two main
advantages to doing it this way:

Advantage #1 - Allow for more time to lapse between the traffic
infraction and the court date. This will have an effect on the officers
ability to remember details about the stop which may play a role on
the outcome of the case.

Advantage #2 - Increase the chances an officer wont show up for
court. It's very possible, that by continuing a court case you could get
another date to appear which falls on the officers vacation, day off or
when the officer is busy with other aspects of his job that for one
reason or another he will be unable to show. If he doesn't show, you
win.

There is some truth to what they say.

Advantage #1 is absolutely true. An officers memory does forget certain
aspects of the stop as time goes on. However, the officer isn't required to
remember every portion of the stop.

Usually, the notes written on the ticket are enough to convict you. Having
the officer forget how many cars were behind you or what color your hubcaps
are will do absolutely nothing to help your case.

All an officer is required to know is the vehicle pulled over, the name of the
person driving the vehicle, what stretch of road or highway the violation
occurred and what the offense was. All of that is written on the ticket itself.

The officer is not required to know the name of the perfume you had on or
what you were wearing that day. Lets not be silly.

As for Advantage #2, there is a small bit of truth to it. If an officer doesn't
show up for court on the initial court date assigned, your case should be

- 40 -
dismissed.

However, if an officer fails to show up for a court date that was assigned
because you asked for a continuance, then you most likely will not win your
case.

The courts feel that it's only fair to allow for another continuance on behalf of
the officer, since you we're allowed a continuance too. The judge will set
another date right then and there and tell you to show up for the new court
date.

You could very well object to him allowing for another continuance arguing
that you have missed work and arrived on time and prepared. It's not your
fault the officer didn't show.

But, it's been my experience the judge will allow for another continuance
despite your objection.

People who believe that beating speeding tickets primarily consists of
crossing their fingers and hoping the officer doesn't show up for court, will
never win their case.

Police officers get paid overtime for their appearance in the courtroom. If
they can show, they WILL! It's easy money.

Note: If the judge allows for another continuance despite your
objections, ask him to make it a 'firm' date. This means if the
officer or prosecutor fail to show up at the next trial, a dismissal
will be rendered in your favor.

I highly recommend you steer clear of this method of defense. It usually
doesn't work. Some books even go so far as to have you ask for several
continuances and delay the original court date by several months.

This will never happen.

No court is going to allow you to simply request continuances at your
convenience. They will usually issue only one continuance with a valid
reason.

Only ask for a continuance if you truly can't show up for a court date.
Otherwise get it over with as soon as possible. Besides, you want the officer
to be there.

Part of the thrill is seeing the look on his face when you beat this ticket.

- 41 -
Officers Training

Never go into a courtroom with the intent to challenge the officers training of
the radar gun. This type of defense is always attacked by the judge. He will
accept the officers testimony as to his training and will tell you to ask your
next question.

This is another instance where judicial notice takes precedence over the
matter. The officer will not have to prove his training qualifications in the
courtroom.

Not unless you know for sure or you can prove it - should you a challenge the
officers qualifications. Otherwise, it won't get you anywhere. Trust me.

Remember that police are officers of the court. This means that a police
officer on the stand could be lying out his teeth, but it won't matter because
everything he says will be accepted as the truth.

He is an officer of the court who has been sworn to uphold the law. And
officers of the law dont lie (according to the courts).

Keep this in mind the next time you challenge an officers training. Unless
you are certain what the officer is saying is a lie and can back it up - never
accuse the officer of giving a false testimony while on the stand.

The judge will always take his side.

Testify In Your Defense

Never Testify on the Stand!

Although you may want nothing more than to tell your side of the story,
avoid testifying at all costs. The prosecutor is trained at making a truthful
person seem like a liar. You won't be able to handle the prosecutions
powerful attempts to find a crack in your testimony.

If you are going to court with the intention of taking the stand to declare
your innocence, you will lose! It is not your job to prove you are innocent.
When you walk into that courtroom you are an innocent person. It's up to the
prosecution to prove you are guilty.

Everyday, people walk into court with 101 reasons why they are innocent.
They have pictures, diagrams, and witnesses to support their innocence.
With all their hard efforts, they still wind up with a speeding ticket on their
record.

Let the prosecutor do his job and prove to the court that it is you who is

- 42 -
guilty of the violation you are accused of. Never proclaim your innocence to
the judge. He's heard and seen it all before. The burden is on the prosecution
to prove your guilt.

Keep it that way and don't make it easier for them by trying to prove your
own innocence.

You will lose. GUARANTEED!

Word of Warning: If the prosecutor invites you to take the
stand, reject the offer. Youre under no obligation whatsoever
to do so. He wants you take the stand because he knows once
hes done with you, the case is over.

- 43 -
Plea Bargaining
Plea bargaining is the courts version of lets make a deal. If you know how
to use it wisely, you can benefit from it tremendously.
Instead of going to court to challenge your speeding ticket, you can negotiate
a deal and avoid the harsh consequences involved with a guilty conviction.
Bear in mind that by plea bargaining you will be relinquishing your right
to challenge the speeding ticket in court.
But thats the whole purpose of doing it in the first place. Lets see how to go
about doing this and some of the plea bargains available to you.
When to Plea Bargain

There are some things you should consider when deciding whether or not it is
a good choice for you:
1. How many violations you have been charged with.
2. Your chances of beating all of them in court.
3. The penalties involved with being found guilty of these violations.
Now of course, if you have a good defense all planned out then you shouldn't
even think about plea bargaining. But, if circumstances force you to do so
then you should consider some of the different types that are available to
you.
Types of Plea Bargains
Dismissing a Charge - This type is helpful when you have multiple
charges against you. For instance, if you have been charged with
reckless driving, speeding, no seatbelt and failure to show proof of
insurance, you might be able to have one or more of them dismissed
(thrown out).
In this example, more than likely what will happen is the reckless
driving and seatbelt charge will be dismissed in return for you pleading
guilty to speeding and failure to show proof of insurance.
Merging - With this deal you can have two violations merged into one
single charge. This way instead of having to face two entirely separate

- 44 -
This most commonly occurs with careless driving and speeding. The
prosecutor will merge the careless driving violation with the speeding
violation and you will have to plead guilty to speeding only. Usually
this only becomes an option when you have two similar offenses.
Also bear in mind that the lesser offense merges into the larger
offense and not vice versa. Note: Careless driving is not the same as
reckless driving.
Reduce - With this type of plea bargaining, you can have a charge
reduced in its level of seriousness. Many times you can get the
prosecutor to reduce a moving violation down to a non-moving
violation.
For instance, a speeding charge might be reduced to a non-moving
violation such as a failure to wear your seatbelt. This way, the
violation wont show up on your driving record.
How to Get a Plea Bargain

Sometimes you dont have to do much. Depending on your driving history,
the prosecutor will mail you an offer before your court case. Also, the
prosecutor might approach you before the trial has started and ask you if you
would like to strike a deal.
If he doesnt, you may have to initiate the process.
You could go to court before your trial or wait until the day of the trial and
approach the prosecutor then. Just have a good plan of defense laid out just
in case he doesnt offer you a good deal or doesnt accept yours.
Here are some of the reasons why you may not receive a plea
bargain from the prosecutor:
You have had 3 or more traffic tickets within the last 24 months
You have had 2 or more tickets in 12 months
The violation you are charged with is more than 4 points
The violation you are charged with is more than 20 miles over the limit
You were in an accident that involved an injury
The address on your ticket is not your current mailing address

- 45 -
You are a juvenile (Under 18)
Juveniles are normally eligible for one plea bargain without going to court.
However, since a parent must sign the plea bargain, the juvenile and a
parent must appear on their scheduled court date at the clerk's window.
As mentioned, sometimes the prosecution will mail you a plea bargain offer
in the mail before your trial date. Read it carefully and see what type of offer
they have made.
If it is to your satisfaction, accept it and mail it back to them.
I only suggest plea bargaining if you feel you have no way to beat your case.
If you can get a lessened fine or some of the charges reduced, plea
bargaining might be a wise choice (when there is no other alternative).
The best plea bargain involves NO points being added to your driving
record.
If the prosecutor offers you this plea bargain, then by all means take it! This
is the whole reason why you are fighting your ticket to begin with.
By avoiding points on your driving record you can save hundreds of dollars in
raised insurance premiums.
Please be very cautious though, if the prosecution initiates the plea bargain
by approaching you first. Hes doing so in the courts best interest.
Since court cases cost money, the prosecutor will try to strike as many deals
as possible to prevent people from contesting their tickets. Even if they
reduce fines, they still end up ahead because:
1. You are relinquishing your right to contest the ticket (plead guilty).
2. You are still paying a fine and possibly points will be added to your
driving record which will also increase your monthly premium.
Examine all your available options first and really think about the deal the
prosecutor is offering. If it is only for reduced fines generally I wouldnt
accept it.
Only accept a plea bargain if there will be no points assessed to your
record. Otherwise, take your chances the officer wont show.

- 46 -
Some Things to Remember:

Never sound desperate when asking for reduced settlement.

Always make it seem as if you have a good defense on your hands.
When approaching the prosecutor say something like this, I have
planned a good defense for my case, but if a deal is negotiable I may
be willing to take it.

Always plan a good defense just in case the prosecutor doesnt offer
you a good deal or doesnt go for the one that you suggest.

Remember that the judge always has the last word. Even if the
prosecutor recommends a reduced charge, the judge may not allow it.

Sometimes the prosecutor will talk to the officer who pulled you over
and get his take on the situation. If you were very rude or impolite to
him during the traffic stop he may not agree with you receiving a
lesser charge.

Getting a good deal may have a lot to do with your previous driving
history. A terrible driving record will make it impossible for you to
strike a deal.

Not all cities offer plea bargaining. For instance, you cant plea bargain
in Albany, Buffalo, Rochester, or New York City.

DONT FORGET: The best plea bargain involves you receiving no
points to your record. This happens with a moving violation
being reduced to a non-moving violation.

- 47 -
Preventing the Officer from
Showing Up

Continually postponing your trial is a terrible way to get the officer not to
show up for court. If you really had your heart set on the officer not showing
up, theres a better way to do it.

Ask to have your court trial moved to the county seat. This is what is
called a change of venue.

As the officer is giving you the ticket, tell him you would like your court
appearance to be moved to a more convenient location (the county seat). If
you can manage to do this, you greatly increase the chances of the officer
not showing up.

For example, lets say you we're out visiting friends some miles away from
where you live. While there, you were issued a speeding ticket. This would
give you a great reason to have your court appearance moved closer to
home.

Another case in point would be getting ticketed near your place of work. You
might be able to have it moved to the county seat.

Or, you may feel the judge presiding over your case will be biased when
making his decision, yet another reason to request a change of venue to
the county seat.

The county seat is nothing more than the capitol of your county. It usually
has a municipal or justice court. In larger cities, its usually in the downtown
area.

Changing the courthouse in which to have your trial will greatly reduce the
chances the officer will show up. Normally he won't show if the other
courthouse is a far distance away.

Also, if he does show, chances are good that he wont know the judge and
prosecutor as opposed to going to court in his own jurisdiction.

Points to remember:

1. Ask the officer to have your trial moved immediately before
getting the ticket. Waiting to do so right before the trial will be
fruitless. Your request may be denied.

- 48 -

2. If the officer refuses or doesn't know what the hell you're
talking about (some won't), ask him to write that your request
was denied somewhere on the ticket. If you call the court later,
you can use that as proof that you did ask the officer when you try to
motion to have your trial relocated.

3. If youre reading this and already have a speeding ticket,
then call the court house right NOW and have your trial moved
to the county seat. Its best to do this within 7 to 10 days after
receiving your ticket. The longer you wait, the harder it becomes.

4. Every state has their own rule for if and how to change the
location of the trial. You may be required to fill out some type of
form in order for the change to take place. Also, there may be a fee
attached with doing so, usually less than $50, but it is a small price to
pay to increase the chances the officer wont show up.

Basically, in order for the courts to grant your request you will have to show
the location of the court trial is at a great inconvenience to you. Tell them the
county seat is much closer to you.

Think of a good excuse to use like you will be visiting a loved one in a
hospital that happens to be near the county seat. Tell them that you live or
work closer to the county seat. Anything that sounds reasonable will more
than likely be accepted.

Or, just tell them you feel you wont get a fair trial and therefore wish to
have the trial moved outside of the officers jurisdiction.

Note: Changing county seats is not allowed if you get a ticket
in another county. It has to be within the same county. Most
states allow for a change of venue to the county seat, but some
dont.

Just remember to come to court prepared with a solid defense - just in case.
Prepare the night before and have your defense strategy all planned out. You
dont want to go to court defenseless.

What if the officer does shows up?

By the way, heres a good way to have your case quickly dismissed. This one
does somewhat rely on luck, but I have heard of it working on a number of
occasions.

- 49 -
First, try to be the first one in the courtroom. Arrive at least 30 minutes
before the scheduled time.

As I mentioned earlier, sometimes by being the first one in you will be the
first case to be called. If that happens, theres a good possibility the officer
wont be there.

When youre one of the first cases to be called and the officer is not present,
I would quickly motion to the judge to have your case dismissed. If you
dont, the judge may have you waiting there until the last case is called so
the officer can have additional time to show up.

Also, the prosecutor may tell the judge the officer hasnt arrived but is on his
way. He may try and bump your case up a little later in the day until the
officer has arrived.

Definitely object by telling the judge your case has been called NOW and the
prosecutions witness is not here and you should not be held accountable for
his lateness. You are ON TIME and prepared unlike the prosecution.

Its possible the officer may be running a little late and has contacted the
courts and advised them to stall any defendants he is supposed to testify
against. The judge will then call all the other cases and postpone the late
officers cases until the very end.

If you dont speak up, you stand the chance of waiting in court for hours or
at least until the other cases have finished. But, if you motion for a dismissal,
then more than likely the judge will grant it.

Very Important: If you were pulled over and there were two
officers present during the stop, then BOTH officers must be in
court to testify. If one is not, then motion for a dismissal. If it is
not granted, ask to cross examine the second officer who was
present during the stop. When they say he is not in court, then
motion for a second dismissal. I guarantee you will get it this
time. By law you have a right to face your accuser in court. If he
is not present, then your legal rights are being violated and a
dismissal must be granted.

- 50 -
Standards of Proof

The standard of proof in a courtroom is the amount of evidence required to
find a defendant guilty. The higher the standard of proof, the more evidence
needed to convict the person.

In traffic court, it all depends on which state you received your speeding
ticket as to how much evidence the plaintiff (or prosecution in a criminal
trial) must submit. Some states require a high level of proof whereas other
states (those which have decriminalized speeding tickets and consider it a
civil matter) require basically no proof at all to convict a person.

Three Standards of Proof:

1) Beyond a Reasonable Doubt

2) Clear and Convincing Evidence

3) Preponderance of the Evidence

We wont concern ourselves with number 2 (clear and convincing evidence)
because more than likely you wont have to deal with this one in court. The
next few pages will deal with the other two standards of proof you are more
likely to encounter.

It is essential you at least have a general idea of how certain states regard
the evidence to be presented in a court of law. You may be going to court
with a solid defense, only to get there and find out that your particular
courts standard of proof is very low.

Most books on the subject of beating speeding tickets are worthless to those
who are in a state which has decriminalized speeding tickets and regard
them as a civil matter. The reason is simple: there is no beyond a
reasonable doubt in states that have decriminalized speeding tickets.

In these states, all the officer really has to do is testify that you were
speeding and he clocked you with a reliable method of speed enforcement.
Unfortunately, your rights may be denied to challenge any of the evidence
(or the officers testimony) in these states.

But never fear, Ive thought of everything and have also included a separate
defense for you to use if you happen to be in a state which uses the lowest
standard of proof.

- 51 -
Beyond a Reasonable Doubt

About half the states in this country consider speeding tickets a criminal
offense (AKA a misdemeanor). There are three issues at hand when it
comes to labeling a ticket as a criminal offense or misdemeanor.

1) There is the possibility of jail time

2) You have the right to a jury trial

3) The standard of proof is the highest, beyond a reasonable doubt

In states which label speeding tickets a criminal offense, the burden is on the
prosecution to provide substantial evidence to the crime. The following states
currently label speeding tickets as a criminal offense:

Alabama
Arkansas
Colorado (25 mph over the limit)
Delaware
Georgia
Illinois (Third ticket in one year)
Kentucky
Maryland
Minnesota (Third violation in one year)
Mississippi
Missouri (20 mph over the limit)
Montana
Nebraska
Nevada
New Mexico
North Carolina (15 mph over the limit)
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
West Virginia
Wyoming

If you happened to get a speeding ticket in any of these states, then you will
be happy to know that beating your ticket is much easier in these places.
Since the standard of proof is beyond a reasonable doubt, you have every

- 52 -
right to request more evidence of your guilt and contest any evidence being
presented.

On the other hand, for the rest of the states which have lowered the
standard of proof to a preponderance of the evidence, you sometimes have
to follow a different defense as explained below.

- 53 -
Preponderance of the Evidence

In states which have decriminalized speeding tickets, the standard of proof is
by preponderance of the evidence. This basically means if it is more likely
than not that you committed the offense, you can be found guilty.

In other words you have to have more evidence of your innocence than he
(the officer) has of your guilt. If you successfully attack the radar units
calibration and scrutinize all paper work presented, then he has no case.

But, in states that use this low standard of proof, all the officer has to do is
take the stand and testify you were speeding and that he calibrated his
radar/laser gun and in the eyes of the judge that should be enough to convict
you. It is if you just sit there and have the I didnt do it defense.

This should not be your plan. The preponderance of evidence with a properly
prepared Beat the System defense including the appropriate case laws should
lean more toward you.

The following states currently label speeding tickets as a civil infraction:

Alaska
Arizona
California
Colorado (Speeds in excess of 25mph over the limit are criminal offenses)
Connecticut
D.C.
Florida
Hawaii
Idaho
Illinois (Third ticket in one year is a criminal offense)
Indiana
Iowa
Kansas
Louisiana
Maine
Massachusetts
Michigan (Speeding through a school zone is a criminal offense)
Minnesota (Third ticket in one year is a criminal offense)
Missouri (Speeds in excess of 25 mph over the limit are criminal offenses)
New Hampshire
New Jersey
New York
North Carolina (Speeds in excess of 15 mph are criminal offenses)
North Dakota
Oregon
Rhode Island

- 54 -
Vermont
Washington
Wisconsin

States who do the civil complaint route are doing it to win most ticket cases.
This means they are less interested in being fair and more interested in
getting your money. Not a very good scenario of justice, but you must still do
your best.

The reason a state decriminalizes speeding tickets is to strip you of your
constitutional rights to things such as a jury trial and to relieve themselves of
the higher burden of poof (beyond a reasonable doubt).

It is unfortunate, but thats the way our judicial system gets to weasel their
way out of a tight spot.

Do not let this deter you from fighting your ticket. Remember, the legal
system has given you many rights to defend yourself in a court of law. If the
standard of proof is by preponderance of the evidence, then all you have to
do is weigh things in your favor.

Think about it, what is their evidence against you? It is the radar/laser gun.
But, how can this evidence weigh more towards the officer if it were
inaccurate? By law, a defendant has the right to contest the radar/laser
calibration evidence.

I dont care if the standard of proof is beyond a reasonable doubt, clear and
convincing evidence, or by preponderance of the evidence, you still have a
legal right to defend yourself.

Now granted, if you question the radar guns accuracy, you may receive
some resistance from the judge or even the police officer for that matter.
They may say something to the effect that this is a civil trial and the officers
testimony will suffice. This seems to me to violate the fundamental principles
of fairness and potentially violates the constitutional presumption of
innocence.

But that is why you bring in your case law. These were handed down by the
highest courts (usually State Supreme Courts) which dictate to the lower
courts that such evidence is essential in establishing a defendants guilt.

But, the judge ultimately has the last word and if he says he will accept the
officers testimony as evidence, then there is not much you can do there.

My first version of Beat the System only contained defense strategies that
were more geared towards those states which label speeding tickets as a
criminal offense and as such the burden of proof is beyond a reasonable
doubt.

- 55 -

I knew I had to think of something fast, so I began consulting with a few of
my close friends and found out something very interesting. In states which
have lowered the standard of proof, there is a very powerful defense strategy
one can implement that falls within the realms of preponderance of the
evidence.

The wonderful thing about this new defense is that anyone (regardless of
what state they are in) can use this strategy to beat their speeding ticket.

I wont go into too much detail about this defense right now. I have included
it in the second part of this book. I call it the MUTCD Defense. Its based on
a little known federal law that is applicable in all 50 states.

For now, it is enough to know that you can very well implement the
strategies you read in this book, but those of you in the states just
mentioned which use preponderance of the evidence as the standard of
proof now have a totally separate defense at your disposal.

To make things simple, the remainder of this book will be focused towards
the highest standard of proof (beyond a reasonable doubt). If you are not in
any of these states, you can still implement any one of my defense
strategies, but bear in mind that your backup will be the MUTCD Defense.

You can use it as your main defense or as a backup. Either way, youll have
enough to get the judge to find you not guilty.

- 56 -
How to Throw Out the
Prosecutions Evidence

Best Evidence Rule

The Best Evidence Rule basically states that if evidence is presented, it
must be in the form of an original document, if one exists.

The good news is that in our case, the original always exists. Youre asking to
see the actual log book the officer documented his testing in, the actual
calibration documents or the actual speed survey for the road you were
caught speeding on.

More times than not, the prosecution will submit copies of the originals
instead of the originals themselves. This is only done because the
prosecution thinks that you dont know any better (99.9% of people wont).

Its very easy to have these documents (photocopied log book pages or
speed survey pages) thrown out of court by requesting for the originals,
which the prosecution doesnt have and cant get.

The Best Evidence Rule was originally developed to make sure the courts
accepted the best and only the best evidence related for a particular matter.
In the event an original is not presented, by law the prosecution must prove
the originals are not readily available.

This also means if the prosecution is to use photocopies, they must submit a
notarized copy stating that these are exact replicas. I can assure you they
wont.

By stating the Best Evidence Rule, your case becomes much easier to win
since more than likely the judge wont allow these documents to be entered
into evidence. When you force these copied documents to be inadmissible,
the police officer and prosecutor are left without the proof they so
desperately need in order to make a strong case against you.
But you must take the first step and make an effort to have them thrown
out by stating the Best Evidence Rule.

- 57 -
The Defense Strategy

When it comes to establishing a solid case in any court system, the
prosecution must submit forth evidence to support their claim against the
accused. In a typical traffic case, this evidence is as simple as the officers
testimony.

Remember, the cop is an officer of the court and everything he says will be
accepted as being the truth. If he says you were speeding, then in the
judges eyes you were speeding.

Now, you may be wondering how to defend against such a seemingly solid
testimony from the officer. He could (and will) be lying out his teeth, but if
whatever he says is accepted as the truth - it may seem like you're fighting a
losing battle.

Bear in mind that it takes more than just "he did it" from the officer.
Although in the eyes of the judge and prosecutor that is good enough - it's
not good enough in the eyes of the law.

The officer will testify to the fact you were caught committing the alleged
violation with a reliable and accurate method. This reliability is usually
established by stating that he clocked you with a calibrated method of speed
capture, i.e. radar, pacing, laser, VASCAR, etc.

Plus the officer will testify as to his training and as to the way he tested the
mechanism.

This is usually all the prosecution has against you. More times than not, it's
also enough to establish your guilt. In almost every traffic ticket case, the
officers testimony is often enough to convince the judge you are guilty.

But heres the secret
you ask for more proof than just a testimony. You want hard
physical evidence in the form of an acceptable document
something they DONT have!

It will be up to you to show the court that everything the officer has just
testified to (or at least the more important points) may not be exactly the
way it seems. During your cross examination, the officers testimony will be
attacked.

The testimony is not as strong as you think - when you know what to ask the
officer during cross examination.

- 58 -
Courts have taken judicial notice on radar guns and speedometers. They
accept them as accurate speed measurement devices, without proof.

However, if you ask for proof - they have to show it!

By asking for more proof, you destroy the judges notion the radar gun was
accurate. Now, since you requested hard physical proof of what the officer is
testifying to, the judge CAN NOT say he accepts the fact the speed
mechanism was calibrated properly.

You have to take that first step and
ask for actual concrete evidence!

As you should know by now, the evidence against you is only as good as the
prosecution makes it out to be.

The evidence is what will make or break you.

The prosecution must prove, beyond a reasonable doubt, that you are guilty.
Remember these two words, "reasonable doubt", because your whole
defense strategy will be based on this. Establishing reasonable doubt is your
main defense against speeding tickets.

No other defense you can concoct will have the certainty this one has.

You can cry, beg, and plead all day long, but nothing will have the judge
dismiss your case like this strategy will. As long as you can show the
evidence the prosecution has submitted (or testified to) may be faulty, you
will win your case.

Not that it was faulty, but that it may have been. Even a hint of reasonable
doubt is enough to have your case dismissed.

And this also applies to those of you in states where the burden of proof is by
preponderance of the evidence. You still can create reasonable doubt if
you do it the right way.

Proving to the judge the evidence against you is not acceptable, may seem
difficult to do. It is when you don't know where to start, but that's why you're
reading this book.

You are about to find out exactly how to discredit any and all the evidence
against you - to have your case dismissed.

- 59 -
Reasonable Doubt

Our whole judicial system requires substantial evidence to a crime, before a
suspect can be found guilty. In court, the evidence to the crime you have
committed must be presented.

Radar guns must be tested and calibrated to be considered accurate in the
eyes of the law. Its written down in black and white.

When the testing and calibration of the radar gun is questioned, the
prosecution is put on the defensive and is obligated to provide whatever you
request.

If they dont have what you request, you will quickly ask for a dismissal
based on the fact that proper evidence as to the testing and calibration has
not been established and the prosecution has not proven, beyond a
reasonable doubt that you were caught committing the crime with a
calibrated form of speed capture.

Before I begin to show you how to attack the prosecutions evidence, it is
essential to know what will establish reasonable doubt.

Basically, the police officer will testify that the speed detection method used
to calculate your speed was functioning properly and accurately at the time
the violation occurred.

To establish reasonable doubt, you will contest the officers claim that the
evidence was in fact working properly and accurately.

If the prosecutions evidence is not contested by you, it will be accepted as
valid and you will be found guilty. Not until you practice your right to
cross examine the witness will you have a fighting chance to win.

Creating reasonable doubt is very easy.

What you will want to do is ask the witness (the police officer) to provide
proof, acceptable to the court, that the device he/she used to measure your
speed was tested, calibrated and working properly.

If the officer or prosecutor fails to bring forth evidence that you request, it
will be assumed that unless this evidence is provided, there will be doubt as
to whether the device was actually working properly.

And you know what happens next Case Dismissed!

Yes, it's as simple as that. As you can see, you don't prove the device was

- 60 -
not working properly, just that it could have been.

Reasonable doubt has clearly been established because the prosecution can
not prove the device was working properly (they dont have the evidence
youre asking for).

Believe me when I say that 75% of the time the prosecution will not have
what you ask for!

Very Important: I would suggest if you are in a state that uses
the preponderance of the evidence standard of proof to NEVER
mention the words beyond a reasonable doubt in court.
Instead, when the officer tells you he does not have the
evidence you request, motion for a dismissal by saying the
officer has not proven to a legal degree of certainty his
radar/laser gun was calibrated. DO NOT say he has not proven
beyond a reasonable doubt because then the judge will say
that is not applicable in his courtroom.

- 61 -
Case Law

When a particular court decision gets appealed it sometimes makes its way
to the highest court - usually a State Supreme Court. When that court
overturns the original decision made by the lower court, it then becomes
case law.

Its not actually a law, but rather a decision a higher court has ruled upon
and lower courts must agree and abide by it.

It gets published in writing and is used as a guide for the lower courts to
follow.

They MUST accept and follow the higher courts rulings.

For example:

Lets say there are case laws (which by the way there are) that
mandates further evidence other than the officers testimony be
presented in court if the defense (you) request it.

Lets also say that after you have requested further proof from the
officer, the judge denied your request by stating it is not important
and the officers testimony will suffice. Now all you do is remind the
judge of the case laws you have brought with you.

You will go on to say that higher courts have already ruled that further
proof must be brought forth if requested.

This will quickly shut him up and he will have no choice but to allow
you to continue. Thats just how powerful case law can be in court.

For our purposes the case law we are interested in have to deal with the
calibration of a speed measuring device.

In each case the higher courts have ruled it is essential, if brought up by the
defense, the accuracy of the device used whether it be radar, laser, photo
radar or speedometer must be proven to be functioning properly.

This means bringing concrete evidence to court with them.

The case law you bring with you to court (if you have any to bring) dictate
this very clearly in black and white and the lower courts must concur
(agree).

- 62 -

When you bring case law to court with you, it should be from the state you
are going to court in. However, being that not each state has case law
pertaining to the calibration of a speed measuring device - your court
should (but not always) accept an out of state case law because the
ruling was from a higher court. Its best to have an out of state case
law from a state bordering your state. Just remember it may not be
accepted though.

When you step into that courtroom, you will want to have three copies of a
particular case law to hand in. One will be for the judge presiding over the
case, the second to the prosecutor and the last one is your copy.

Its important they both get one.

You want to hand them in as soon as your case is called. You say this

Your Honor, may I approach the bench?

When he says yes give the judge his copy and then the prosecutor his and
say

Your Honor, these are copies of case laws brought down by some of
the highest levels of court in (name your state) on the permissibility of
evidence. I wish to submit them for your consideration.

Or, if your state doesnt have any case law, bring in an out of state case
law(s) and say the following

Your Honor, the state of (your state) at the present time doesnt have
any case law pertaining to the issue at hand. I ask that you accept
these case laws from sister states since they were handed down by
some of the highest levels of court in these states.

Once they have the case law in their hands, it is a very powerful tool that will
give your defense tremendous control.

If the judge or prosecutor says something to the effect the evidence you are
requesting is not important or judicial notice has taken precedence, you will
always refer back to the case law brought with you.

It acts as a reminder and a good slap in the face to the judge and prosecutor
of whos really boss the higher courts.

No lowly traffic court judge will go against a ruling made by a much higher
court especially a State Supreme Court, but if they do, you can be sure that
an appeal is highly likely.

- 63 -
Case law will be an important aspect to winning your case, but not a crucial
one. If you dont bring any case law with you or if the courts reject yours
because it is from another state, it is not damaging to your case. It only acts
as a reminder for the judge and prosecutor.

Most of the time the judge and prosecutor will not read the case law that you
give them. Theyll quickly glance over it and give you a dirty look because
now they know they are limited in what they can say or do.

The case law should be brought in its entirety.

The following lists of case law are the ones you will choose from, but they are
NOT all of the case laws available to you. These are some of the more
notable ones.

What I suggest you do is take a look at the Case Laws I have listed here and
read through the ones that are from your state (if available). In my opinion
they are very easy to understand and will give you a better idea of which
ones pertain to your case and which ones to bring to court with you.

Pick whichever one you think to be applicable. You can pick more than one,
but only pick the relevant ones.

Important case law to choose from:

ALASKA (Photo radar)

MUNICIPALITY OF ANCHORAGE
v.
Clyde BAXLEY

This says that if a photo radar device is used as a means of speed
measurement, an eye witness to the violation must give testimony.

CALIFORNIA

The PEOPLE
v.
Robert Anthony DiFIORE

This one states that in cases in which a defendant is charged with violating
the basic speed law, based on evidence that the defendant exceeded a prima
facie or posted speed, and evidence of that speed is obtained through radar,
the People are required to produce a current engineering and traffic survey,
even without the defendant's request.

- 64 -

COLORADO (Tuning fork calibration)

The PEOPLE of the State of Colorado,
v.
Raymond L. WALKER

This one states that although an officer may perform the tuning fork test
both before and after issuing a citation to the defendant, the officer must
have knowledge and supply proof as to the accuracy of the tuning forks.

CONNECTICUT (Speedometer calibration)

STATE of Connecticut
v.
George W. LANE.

This one states that the speedometer of the vehicle used to calibrate a speed
measuring device must be calibrated and the testimony of this evidence
must be given by the person driving the vehicle.

CONNECTICUT continued
(Reasonable speed) Only use for states with presumed speed limit laws.

v.
Norman SIVIN.

This one states that if a person exceeds the posted speed limit at a
reasonable and safe speed it is not a violation of the speed law.

CONNECTICUT continued
(Tuning fork calibration)

v.
Michael R. TOMANELLI.

This one states that the tuning forks themselves must be shown to be
accurate if they are to be accepted as a valid test of the accuracy of the
radar instrument.

- 65 -

GEORGIA (Radar Calibration)

State of Georgia
v.
Gamble

This one states that the court must show proof that the radar gun had
undergone the mandatory yearly calibrations if brought up by the defendant.

ILLINOIS (Laser)

People
v.
Canulli

This appeal ruled that a laser device does not have judicial notice and as
such the prosecution must hold a Frye evidentiary hearing (expert testimony)
in order to prove its accuracy.

ILLINOIS (Radar + Speed limit)

People
v.
John Russell

This one states that a police officer can not conduct electronic speed
enforcement within 500 feet of a speed limit that is the first speed limit lower
than the previous. For instance, if the speed limit on a highway is 65mph and
all of a sudden the speed changes to 55mph, no police officer can conduct
speed enforcement within 500 feet of the first 55mph speed limit. This is to
give the driver ample time to slow down.

ILLINOIS (Radar + Judicial Notice)

People
v.
William F Scmidt

This one states that during a jury trial the judge must take precautions in
handling the case so not to prejudice the defendant. The trial judge in this
case told the jury that he will take judicial notice that radar is an accurate
means of speed detection and in doing so the appellate court ruled that this
gave the jury the notion that the radar device could not be challenged.

- 66 -

KENTUCKY (Radar calibration)

Erna Elijah HONEYCUTT
v.
COMMONWEALTH of Kentucky

This one states that the radars accuracy must be proven, if brought up by
the defendant.

MINNESOTA (Radar calibration)

STATE of Minnesota
v.
David Arnold GERDES

This one states

1. Courts may take judicial notice of the underlying principles and reliability
of properly tested and operated radar devices for determining the speed of
motor vehicles without requiring expert testimony concerning the theory and
mechanics of a particular unit.

2. Where the only means of testing the accuracy of a radar device is an
internal mechanism which is an integral part of the unit, and there is no
evidence other than the radar reading that a motorist was driving at a speed
in excess of the limit, his conviction cannot be sustained.

MISSOURI (Radar calibration)

CITY OF JACKSON
v.
Robert LANGFORD

This one states that a radar unit must be tested both prior and after an
arrest is made and proof of this time must be given, if asked for by the
defendant.

MISSOURI (Tuning fork calibration and speedometer calibration)

CITY OF ST. LOUIS
v.
Forrest BOECKER

This one states that it is the obligation of the officer who uses the radar
speed meter to establish prima facie that the machine was accurate and

- 67 -
functioning properly at the time the accused's speed was checked. It also
gives reference that speedometers must also be calibrated.

LASER (Most states)

In the MATTER of the ADMISSIBILITY OF MOTOR VEHICLE SPEED
READINGS PRODUCED BY the LTI MARKSMAN 20-20 LASER
SPEED DETECTION SYSTEM

This one establishes the mistakes that can happen with laser, as a result
expert testimony must be given.

NEW JERSEY (Speed limit)

State of New Jersey
v.
Russell E. Tropea

This one states that a police officer must give the speed limit where the
person was pulled over during direct testimony.

NEW YORK (Radar calibration)

The PEOPLE of the State of New York,
v.
Irving PERLMAN

This one states

in fairness to the defendant, where he has been charged with speeding by
means of radar detection, which is accepted by many as being tantamount to
conclusive proof of guilt, there should be a showing of testing of the
instrument before and after each setup, including at least one test by an
outside source to insure that 'simple comparative analyses' can be made, and
there should be proof of expert technical testing of the machine periodically,
within a reasonable proximity of the date of violation.

To accept less, and to rely solely upon the internal calibration by the machine
itself, without the testimony of an expert witness, is to render an
injustice to the accused.

OHIO (Radar calibration)

The STATE of Ohio
v.
BONAR

This one states that in a prosecution involving speed, where the sole

- 68 -
evidence is a reading secured by the use of a radar type speed meter, it is
the obligation of the prosecution to establish prima facie that the radar type
speed meter was accurate and functioning properly at the time the
accused's speed was checked and a failure of such proof shall cause an
insufficiency of evidence to support conviction.

OHIO (Testimony of calibration)

The STATE of Ohio
v.
COLBY

This one states where there is no testimony as to the construction and
method of operation of a speed measuring device not the subject of judicial
notice, the testimony of the user, standing alone, is insufficient to sustain a
conviction for speeding.

OHIO (Radar calibration)

The STATE of Ohio
v.
FREEMAN.

This one states

1. The reliability of radar-speed detection devices may be generally attacked
by a properly qualified expert witness, and such testimony is relevant and
goes to the proper weight to be given to the radar evidence.

2. Judicial notice of the accuracy or dependability of a K-55 radar device may
not be taken when the trial court has never in any case previously before it
received expert evidence and determined that the device is dependable and
accurate, and such issue has not been passed upon by the appellate court.

OREGON (Photo radar)

STATE OF OREGON
v.
SARA CLAY

This one states

By its terms, proof that a particular person was speeding. Because the state
had no direct witness who could testify that defendant was driving the car
at the time that the violation was committed, the state had to rely on the
rebuttable presumption provided in paragraph that the driver of the car was
its registered owner. To be entitled to use that presumption, the state is
required to prove the predicate fact that defendant was the registered

- 69 -
owner of the car.

PENSYLVANIA (Original documents)

COMMONWEALTH of Pennsylvania
v.
Lewis G. CUMMINGS

This one states that the requirement on which an issue exists is that of the
identification of the copy. The state allows reproductions to be admitted only
"when satisfactorily identified." "Satisfactory identification" need not be
actual testimony that the copy is a true and correct copy. The procedures
must provide an appropriate link between the original document and the
photocopy.

Pennsylvania (Testing facility)

COMMONWEALTH of Pennsylvania
v.
Gail DENNY

This one states

We consider the following question on appeal: whether the trial court erred in
admitting into evidence a Certificate of Accuracy of a radar speed timing
device, where the Commonwealth failed to introduce competent evidence
that the issuer of the Certificate was a testing station approved by the
Department of Transportation at the time it allegedly tested the radar device
in question?

All mechanical, electrical or electronic devices shall be of a type approved by
the department, which shall appoint stations for calibrating and testing the
devices and may prescribe regulations as to the manner in which calibrations
and tests shall be made. A certificate from the station showing that the
calibration and test were made within the appropriate time frame.

WISCONSIN (Speedometer calibration)

WASHINGTON COUNTY
v.
Allen R. LUEDTKE

This one states that the vehicles speedometer must be checked and proof
shown of accuracy if requested by the defendant.

- 70 -

WISCONSIN (Proof of calibration)

STATE of Wisconsin
v.
Lawrence I. HANSON

This one states that accuracy of speed detection must be proved if requested
by the defendant.

- 71 -

PART 2
The Defenses

- 72 -
Fatal Flaws

Before you do anything, take a quick look at your ticket and make sure all of
the specifics are correct. What you will be looking for are fatal flaws on your
ticket.

Things like your name, license plate number, make of car, or even the color
of your car should be checked for accuracy.

It may be a long shot, but this is your first line of defense.

Its been said that one in every 25 tickets has some sort of mistake on it that
can render the ticket invalid in court. The only problem is that most people
fail to catch on to these errors and end up paying the fine when legally they
didnt have to.

If you can show the judge the officer wrote down the color of your car as
white when in reality it is red, you should be granted a dismissal.

If the officer mistakenly wrote down the wrong street (or highway) you were
on, that would definitely be grounds for a dismissal.

Police officers are human beings (surprise) and do make mistakes.
Sometimes a Toyota Camry may be written down as a Ford Taurus on the
ticket.

It doesnt happen often, but it does happen. A quick check wont hurt.

Keep in mind, the mistake must be an important one in order to have the
ticket dismissed. A wrong shade of color (light blue instead of dark blue)
usually doesnt work.

Neither does the officer writing down Tommy for Thomas make a difference.

These are petty mistakes the judge will overlook.

However if your ticket has any of the following errors, you may be able to
have your case dismissed:

Wrong name (Jeff instead of Greg) but not (Tony instead of
Antonio).

Wrong license plate number (176WHQ instead of 093PLO or
123MNH instead of 124MNH).

- 73 -
Wrong vehicle description (sedan instead of a pickup truck).

Wrong street or highway.

Officer forgets to sign the ticket (except in some cities).

Wrong gender (youre a male but the ticket says youre a
female).

Its a wise choice to check. You never know yours could be that 25
th
ticket!

- 74 -
The Testimony Attack

How to Use the Officers
Testimony Against Him
This next defense tactic is your first attempt at victory because you are going
to manipulate the many mistakes the police officer will make on the witness
stand. These mistakes stem from the fact that this is only traffic court (as
opposed to a murder trial) and the officer will quickly and sloppily give his
testimony, without regards to detail.
In doing so, he will make numerous legal errors that are serious enough to
have your ticket thrown out. You see, police officers (and prosecutors) dont
take traffic ticket cases seriously. They come ill prepared and still expect to
win.
But you are going to expose these legal errors. The only way to do this is to
listen carefully to what the officer says. He has to follow proper procedure.
To him, this is a meaningless speeding ticket. However, no matter how
meaningless or insignificant he thinks it is, its still a court of law and rules do
apply just like any other courtroom in the country.
If he is required by law to say or do something, then he HAS to do it. Theres
no other alternative. From past experience however, the officer knows he will
be able to get away with a lot. The judge will never correct him or ask him to
follow standard procedure.
The defendant he is testifying against wont have the slightest clue the officer
is making crucial mistakes that could ultimately help him/her beat their
ticket. This is why the officer does what he does
because he can get away with it!
Hes gotten away with it so many times in the past that he will continue to do
it when he faces you. Only this time, you will be prepared.
This particular defense is your very first means to fight your ticket. You
employ this defense BEFORE your cross examination. If used properly, you

- 75 -
can have your whole case dismissed without cross examining the officer.

It works by strategically listening to what the officer is supposed to testify to
and then counterattacking if and when he leaves anything out.

In a speeding ticket trial, the officer must establish a few things during his
testimony. It is extremely important that you listen to what he says. In the
event he leaves one single thing out, you will mention this to the judge and
ask to have your case dismissed.

Lets see how this works

In a traffic court of law, the officer is required to testify to the following:

1. The speed limit where the offense took place.

2. Must describe you as the driver of the vehicle which was
pulled over.

3. The officer was properly trained and knows how to use the
radar/laser gun.

4. The radar/laser gun was used as directed by the
manufacturer.

5. The officer tested the device both before and after it was
used on you.

6. The officer tested the device to make sure that no outside
interference could have altered the reading. (radar only)

7. Your car and only your car was the one clocked by his
radar/laser gun.

Before I go any further, its important that you create a checklist of the
above. Write down each one and as the officer is giving his testimony, put a
check by each item he testifies to.

If he skips one, place a big circle around it so youll know which one to
attack.

Okay, the officer will be sworn in and take the stand. Allow the officer to give
his testimony from beginning to end. Make no objections and absolutely
under no circumstances should you give indication that he missed one of the
required testimonies. Just keep quiet and wait till he finishes.

Once the officer has finished with his testimony wait until you hear the
prosecution say the prosecution rests your honor or something along those

- 76 -
lines.

You must wait until the prosecutor rests in order for this to work. By
resting his case, this means that neither the prosecutor nor the officer can
add anything to the original testimony given.

Very Important: Sometimes the prosecutor wont rest his case
after the officers testimony. If he doesnt, then you CAN NOT
use this particular defense because all the officer has to do is go
back and testify all over again and fill in the stuff he originally
left out. You must wait for the prosecutor to rest his case!

Officer Does Not Testify to the Speed Limit
Lets say during his testimony the officer failed to give the speed limit on the
particular stretch of road you were clocked speeding (a very common error).
I would turn to the judge and say, Your Honor, the prosecution has
rested its case. The officer has failed to give the speed limit on the
particular stretch of road I was allegedly clocked speeding. As a
result he has not proven what speed I am accused of violating. I
request a dismissal based on this fact.

The judge will then have no choice but to dismiss the case against you. The
officer MUST give the speed limit you are accused of violating.

Remember you are being charged with exceeding a certain speed limit. If the
officer does not give the speed limit you have exceeded, then he has not
proven you did in fact exceed any speed limit.

This is very similar to someone being tried for murder. They can say he
murdered someone, but unless they know who that person is he has
murdered, the defendant is cleared of any charges.

Officer Does Not Personally Identify You as the Driver

Heres another very common error. In court, the officer MUST legally identify
you as the driver of the vehicle he pulled over. Heres what I mean:

Many times an officers testimony will go a little like this I clocked the
defendant traveling at 72 mph

However, in a court of law he must be more specific and detailed when giving
his identification of you. Hes required to say something like I clocked the
defendant, Shirley McMillan, seated at the defendants table traveling at 72
mph

- 77 -

Do you see the difference in the two testimonies?

In the first one he merely states that you are the defendant. In the second
one he follows up by saying your name and pointing your location out in the
courtroom. Now hes more specific.
If youve ever seen a courtroom drama on TV, then youve probably noticed
that whenever a witness gives testimony against a defendant, the lawyer will
always ask the witness to say the defendants name and point them out in
the courtroom.
If he doesnt do this, the lawyer is taking a big risk because the defense
lawyer can easily have the witnesss testimony thrown out of court for lack of
proper identification.
In the event the officer doesnt say your name and point you out in the
courtroom, I would give the following motion Your Honor, the
prosecution has rested its case. The officer has failed to legally
identify me as the driver of the vehicle which was pulled over. Since
he hasnt proven it was in fact me who was pulled over I motion for a
dismissal.
Now, no matter what the officer says youve given the judge a valid reason
to dismiss your case.

Note: Courts will have their own discretionary policy in effect as
to what constitutes legal identification. If the officer doesnt
state your location in the court the judge may let it pass. But,
no traffic court system in the country will allow the officer to get
away with not stating your name. He must state your name for
the record.

The Officer Did Not Testify as to His Training with the
Radar/Laser Gun

If the officer gave no indication as to his training with the device being used, I
would give the following motion Your Honor, the prosecution has rested its
case. At no time during the officers testimony did he mention having had
training on the radar/laser gun that he used to clock my speed. The officer
can not testify as to the accuracy or workings of a radar/laser gun which he
has not testified to having been trained on. I motion for a dismissal since
his testimony is inadmissible.

A very important point to mention here would be to never attack the officers

- 78 -
training with the radar/laser gun. Only go this route if he fails to testify as to
having had training. If he does testify to having had training, move on because he
is NOT required to prove he has had training. He only has to testify to it.

The Officer Failed to Testify That He Used the
Radar/Laser Gun Per Manufacturers Instructions

By law, in order for the radar/laser gun to be used it must be used according
to the manufacturers instructions. As a result, the officer must testify to
having done so.

If the officer made no mention of using the radar/laser gun as instructed by
the manufacturer, I would use this motion Your Honor, the prosecution
has rested. At no time during the officers testimony did he testify as
to using the radar/laser gun as instructed by the manufacturer. The
officer can only use the device as instructed by the manufacturer and
if he didnt, then he can not give testimony as to its accuracy. I
motion for a dismissal.

Youll find that with most officers giving testimony, they will fail to include
this very important part. They are assuming that as an officer of the law,
everyone knows he did operate the device as instructed.

But you could care less about what he assumes. You are in a court of law and
he must follow the rules when it comes to giving testimony. And those rules
are that he verbally testifies to using the device as instructed by the
manufacturer.

The Officer Failed to Mention He Tested the Device
Both Before and After it Was Used

Many times the officer will only testify as to having tested the unit. But in
court he must be specific and give the exact times when he did these tests. If
and when the officer does not testify to the exact time he tested the unit, I
would give the following motion Your Honor, the prosecution has
rested. At no time during the officers testimony did he mention
exactly when he tested the radar/laser unit. Having only testified to
testing the radar/laser unit is no indication that he conformed to the
law and tested this device in a reasonable amount of time. Since
there is no testimony of the device being accurate, I motion for a
dismissal.

In some cases the officer may testify to only calibrating the unit before or
after it was used. If he testifies to calibrating it before using it, motion for a
dismissal since he gave no mention of calibrating it after it was used. If he
testifies to calibrating it after it was used but makes no mention of calibrating
it before use, motion for a dismissal.

- 79 -

The Officer Did Not Testify to Checking for Outside
Interference

Most officers will testify to having had checked for outside interference. In
the event that yours doesnt, I would give the following motion Your
Honor the prosecution has rested. At no time during his testimony
did the officer give mention to having tested the radar gun for
outside interference. Its a known fact that many external forces can
alter a radar guns accuracy. Since no testimony was given to
disclaim this possibility, the officer has failed to prove to a legal
degree of certainty, his reading was one which had no external
forces contributing to it. I motion for a dismissal.

Note: The officer need only testify that he checked for outside
interference when it comes to radar guns. Laser guns do not have
to be checked for outside interference.

The Officer Fails to Testify That Only Your Vehicle Was
the One Clocked With His Radar/Laser Gun

Its a known fact that at certain distances, a radar or laser guns beam will
widen. Due to this, the officer has to give testimony that only your vehicle
produced the reading on his device. If he fails to give testimony to this fact, I
would use the following motion Your Honor, the prosecution has
rested. At no time during the officers testimony did he testify as to
my vehicle being the only one which could have caused the reading
on his radar/laser gun. Im sure as this court is aware, a radar/laser
guns beam will widen as it travels. Due to this basic fact of physics
and since no testimony was given to disclaim this theory, the officer
has failed to prove to a legal degree of certainty that his reading was
as a direct result of my speed and no one elses. I motion for a
dismissal.

Important: DO NOT allow the officer or prosecutor to give
testimony as to anything they have omitted during the initial
testimony. This is why, if youve noticed, throughout the
previous motions for dismissal I kept reiterating the fact that
the prosecution has rested. This is just to make the judge and
prosecutor aware that you know they are not allowed to add
anything after they have rested.

- 80 -
The police officer is only human and does make mistakes. Many times, due to
the fact he has given testimony hundreds of times in the past, he will
inadvertently forget to say or do certain required procedures during his
testimony.
Not only that, but its very probable the officer has made this same mistake
hundreds of times before in the past. The only problem is that no one has
ever managed to catch it, because they didnt have the education to expose
these mistakes.
Its important you allow him to make these errors without the slightest
indication from you. Keep quiet and wait for the prosecution to rest its case.
In any court of law, everything has to be precise. The same goes for traffic
court. If the police officer or prosecutor are not following the rules, then you
should have no problem beating your ticket.
You just have to listen closely, take notes and when the prosecution rests its'
case, turn to the judge and let it rip.
As you can see, the process is fairly simple. Keep your ears open and make
sure the officer testifies to everything.
But never forget that this should NOT be your only defense strategy. This is
merely a precursor, to the defenses given in the pages that follow. Always
have a plan of attack laid out just in case the officer does happen to give a
detailed testimony.

- 81 -
Stationary Radar Defense

Please Read: Ive given you seven separate scenarios for a
radar defense. However, the likelihood of you having to go
through all seven scenarios is extremely small. I have yet to
hear of anyone having to do so. In all probability, it will only
take one or two of them in order to win your case.

There are seven scenarios because everyones individual case
will be different. You dont have to start with the first one.
Depending on what the officer says during his testimony and
what evidence is presented you may start with any scenario
that best suits your particular situation.

Its best you familiarize yourself with all seven. They arent in
any particular order, because like I said, it all depends on what
the officer says during his testimony as to which one you will
use first.

For radar defenses, you will want to bring one (or more than one that pertain
to your case) of Case Law. There are many Case Laws to choose from.

Okay, here we go. You're in court and the judge calls your case.

You hand the judge and prosecutor a copy of the relevant case law(s) you
have brought (if applicable). Remember to make three copies of each one.




The prosecution will make a short opening statement and present its star
witness. The police officer will take the witness stand and begin to testify.

- 82 -
Officer Takes the Stand:

The prosecutions direct examination will go something like this:

PROSECUTOR Please state your name and number of years on the force.

OFFICER My name is Officer Griffith and I have been on the force for 15
years.

PROSECUTOR Would you please tell the court how you observed the
defendant speeding?

OFFICER On Jan 21, I was situated in the median of the highway on
I-95 facing south in-between mile marker 26 and 27 when I clocked the
defendant traveling at 72 mph, 12 miles above the posted speed limit in his
white 99 Pontiac Grand Am, license plate number HHT-810. I clocked him
speeding with my hand held radar unit. Before using it, I checked the unit for
any outside interference and concluded there was none substantial that could
have altered the reading in any way.

PROSECUTOR Did you have a clear look at the defendants vehicle?

OFFICER Yes I did, traffic was light that day and no barriers or
obstructions between our paths.

PROSECUTOR This radar unit used to measure the defendants speed, was
it functioning properly? If so, how do you know?

OFFICER - Yes, the radar gun was functioning properly at the time the
violation occurred. Earlier that day, I tested the unit by pushing the internal
check button. The preprogrammed speed showed on the screen. I then
checked the device using special tuning forks set at different speeds. Later,
after the ticket was issued, I went back to my vehicle and conducted a
second test with the tuning forks. Everything was working just fine.

PROSECUTOR - With regards to the radar gun, what kind of training do you
have?

The officer will go on and on about his training and certifications and how
he's the best and he's been working with radar guns for 15 years and how he
recently finished mandatory training school and blah blah blah. He will do a
very good job at convincing you and everyone in the courtroom how much of
a professional he is on radar guns.

Now the prosecutor will emphasize the fact the radar gun was in working
order.

PROSECUTOR In your professional judgment, was there anything wrong

- 83 -
with the radar gun prior to stopping the defendant that could have altered
the reading? Has the radar gun undergone any major repairs?

OFFICER No, there was absolutely nothing wrong with the unit. It is only
several months old. I conducted all required procedures to ensure an
accurate reading. I also checked for any outside interferences.

PROSECUTOR Prosecution rests its case Your Honor.

Now, the prosecution thinks it's got you right where it wants you. The
prosecution will sit down and the judge will ask you if you would like to cross
examine the witness.

Now it is your turn to ask the questions. Make it short and sweet. The fewer
questions you ask the better. Get this over with as soon as possible. Attack
with your very first question and take him down from there.

Stick to the objective and don't get side tracked. You're only here to attack
the prosecutions evidence and not prove your innocence.

Special Note: It is assumed you have thoroughly listened to
the officers testimony for any required steps he may have
omitted. For the sake of simplicity we will also assume the
officer testified to everything he was supposed to testify to. If
he didnt, refer back to The Testimony Attack.

- 84 -
SCENARIO #1

Officer Testifies to Testing the Radar Gun

DEFENDANT Officer, who conducted the testing on the radar gun?

Many times a first shift officer will test the radar gun and hand it over to the
second shift which in turn will hand it over to the third shift officers. Other
times there are two officers in the squad car and only one of them tested the
unit.

If the officer on the stand is not the same officer who conducted the test, I
would motion for a dismissal if the officer that performed the actual test is
not present in court. Remember, only the officer who actually performed the
test can testify to doing so.

OFFICER Officer Dugan performed the test.

DEFENDANT - Is Officer Dugan in the courtroom today?

OFFICER No he is not.

DEFENDANT Your Honor, the officer has testified he was not the
one who performed the accuracy test on the radar gun. He also
testified that the officer who performed these tests is currently not in
the courtroom today. Unless the officer who performed these tests is
in court to testify right now as to performing the tests, I motion for a
dismissal.

If the officer on the stand is the same one who performed the test on the
radar unit continue with the next question

DEFENDANT Officer, you claim that you tested the radar gun on the day I
was ticketed. Can you provide an arrest log or activity log showing the
time and date you performed this test? (It's important that he show you
BOTH before and after the arrest).

If the officer can not provide an arrest log (or activity log) that documents
these tests being performed I would ask for a dismissal.

If he does provide a log, check for these things:

1. Original document (Best Evidence Rule). When in doubt,
always ask.

2. The arrest log is for the exact radar gun being used (match

- 85 -
serial numbers).

3. Performed the test before and after the ticket was written.

4. The radar gun was checked out that day by the same officer.
(Police officers must sign for the radar gun they will be using that day.
The arrest log will show who the radar gun was issued to. Match up
the names).

5. The arrest log is for the exact date and time you were
ticketed.

Okay, lets handle each one separately:

Let's say the officer does provide an activity log. Make sure it is not a
photocopy. Ask when you are in doubt.

If it is...

DEFENDANT- Your Honor, this activity log the officer has provided is
not the original. I ask that an original copy be presented if available
as stated in the Best Evidence Rule. If an original is not available
please have the prosecution submit evidence that the original
activity log is not available and prove this is a genuine copy of the
original. If they fail to do so, I object to a photocopy being
introduced as evidence.

OR

Let's say the activity log the prosecution has presented is an original
document. Next you will want to match the serial number of the gun being
used that day with the one in the activity log.

Make sure they match!

DEFENDANT- Officer, what is the serial number of the radar gun used to
clock my speed?

If he says he doesnt know, I would request the activity log be inadmissible
as evidence:

DEFENDANT- Your Honor, the police officer doesnt know the serial
number of the radar gun he used to clock my speed. Since he does
not know this crucial piece of information he can not, to a legal
degree of certainty, say that this activity log the prosecution has
furnished is for the exact radar gun he used. I motion for the court to
reject this activity log as evidence.

- 86 -
If the officer does know and the activity log shows a different serial number:

OFFICER - The Serial # is 12302.

DEFENDANT- Your Honor, the radar gun I was clocked with is serial
number 12302. The activity log the prosecution has presented is for
radar gun 23450. Since these are not one in the same radar guns, I
motion to the court for a dismissal. (Paper work always gets mixed up.)

OR

Check to see the officer performed the test before and after the arrest. If it
shows the officer only performed the test before the arrest, I would ask for a
dismissal.

DEFENDANT- Your Honor, this activity log only shows a test before
the officer ticketed me. There is nothing in here that shows a test
being performed after the arrest was made, as every radar manual
suggests and as dictated by higher courts. Since this vital test was
not done, the radar gun can not be considered accurate in the eyes of
the law. I motion for a dismissal.

OR

While looking at the activity log, make sure the officer testifying is the same
one on the log. Before the officer goes to court someone else will usually give
him the log to bring with him. Its very possible this other person gave the
officer the wrong log book. Actually, from my experience this happens about
30% of the time.

If thats the case...

DEFENDANT- Your Honor, the prosecution has presented an activity
log which has a different officers name on it. Since this is not the
same officer who administered the traffic stop and is not here to
testify, I motion for a dismissal. (Again, paper work gets mixed up.)

OR

Compare dates and times on the activity log with the exact date and time
you were ticketed. If they don't match up, ask for a dismissal.

As you can see, it's pretty straight forward. Just look for certain things that
must be present and if they are not or if things don't match up, simply ask
for a dismissal.

- 87 -
SCENARIO #2

The Officer Supplies the Activity Log Showing That He
Did the Radar Test

After the officer supplies the activity log and you have scrutinized it for any
discrepancies and have found none, I would continue with this next defense.

DEFENDANT Mr. Officer, when was the last time the radar gun in question
was serviced by a certified facility?

If he says he doesnt know, I would motion for a dismissal:

DEFENDANT Your Honor, the law requires a radar gun must be
calibrated regularly by a certified person to establish its accuracy.
The officer on the stand doesnt even know whether or not this
crucial calibration was done. I ask they submit the proper calibration
documents to prove this required procedure was conducted. If they
cant, I motion for a dismissal.

If the officer does happen to give you a time when the radar gun was last
calibrated:

DEFENDANT Would you submit the proper documents that prove this?

If he cant (which is usually the case), I would motion for a dismissal similar
to above. If he does provide the calibration documents, I would ask to see it
and check for the following items:

1. Original Document (Best Evidence Rule).

2. The calibration document is for the exact radar gun in question
(match serial numbers).

3. The facility or person who conducted the calibration is certified by
the state to do so.

You already know how to handle numbers one and two. However, number
three is a new factor which we havent covered yet. With the document in
hand, look to see who conducted the test, then you might want to ask this
question:

DEFENDANT Mr. Officer, the person who conducted the test was he
certified by the state to do such calibrations?

OFFICER I guess so. (Or he may give a definite answer such as Yes he

- 88 -
was.)

If he gives a vague answer such as, I guess so, I would continue with:

DEFENDANT Mr. Officer, Im not asking for your speculations or beliefs.
Do you have first hand knowledge the person who conducted the test was
certified to do so?

Now it doesnt matter what he says.

DEFENDANT Mr. Officer, can you prove to the court this person was
certified by the state to conduct these calibrations?

If he says No

DEFENDANT Your Honor, the state of (name your state) requires
anyone calibrating a radar gun to be certified to do so. Anyone at this
facility had access to the radar gun and could have supposedly
calibrated the radar unit without permission. Unless it is proven, by
way of a certification document, that the person who conducted the
calibration was certified by the state to do so, I motion for a
dismissal.

The likelihood of the prosecutor or police officer bringing the annual or semi-
annual calibration documentation is small. The likelihood that they can prove
the person who conducted the calibration was certified to do so is even
smaller. By law (and this law applies to all 50 states) if they dont prove
both, then your case should be dismissed.

- 89 -
SCENARIO #3

Officer Testifies He Used Tuning Forks to Calibrate the
Radar Gun

DEFENDANT- Officer, do you agree that in order to properly test the radar
gun as you did with the tuning forks, the tuning forks themselves must be
functioning properly?

OFFICER Yes

DEFENDANT- Then, would you submit evidence to the court the tuning forks
used to test the gun were themselves calibrated?

OFFICER No, but the tuning forks were....

DEFENDANT- Your Honor, I motion for a dismissal. The prosecution
has failed to provide substantial proof the tuning forks used to test
the gun were actually functioning correctly themselves. Without this
knowledge we can not be sure if the radar gun after being tested was
tested properly.

Believe it or not, 90% of the time, your case would end right here. The
prosecution will rarely, if ever, bring the tuning fork calibration documents
with them to court. They have no reason to. No one ever asks to see it, but
you will.

Important: If the judge says he will take judicial notice that the tuning forks
were in working order or the prosecution need not present evidence, I would
say

DEFENDANT- Your Honor, I am aware judicial notice exists as to the
reliability of radar. However, I am requesting the prosecution to
provide evidence as to the calibration of the tuning forks. The
prosecution has an obligation to provide this evidence.

If the officer can provide evidence as to the calibration of the tuning forks,
make sure it is an original document, if not....

DEFENDANT- Your Honor, due to the Best Evidence Rule I motion for
the court to have the prosecution submit an original document and
not a photocopy. If the original document is not available please
have them prove this is an exact copy of the original. If they can not,
I object to a photocopy being used as evidence and motion to have it
inadmissible.

If the judge accepts your objection, the prosecution is left naked without

- 90 -
anything to prove the tuning forks calibration. I would immediately ask for a
dismissal once the objection is granted.

DEFENDANT- Your Honor, since the prosecutions evidence is
inadmissible and they do not have the individual who performed the
calibration here in court today to testify as to its accuracy, I motion
for a dismissal.

If the prosecution does present an original copy or the judge denies your
request, don't fret just yet. You have many more avenues to turn to.

Now, with the documentation in hand, you will want the prosecution to prove
the tuning forks listed on the certification are the same ones used by the
officer that day.

This is your next line of attack.

Now ask the officer, who by now thinks youre done for, to prove by serial
number that the tuning forks he has submitted evidence on are the same
ones used to calibrate the gun. Very difficult to do, almost impossible!

Remember, each tuning fork is issued to a specific radar gun and is stamped
with a serial number. The officer can not interchange tuning forks with
outside radar guns.

DEFENDANT- What is the serial number of the radar gun used to calculate
my speed?

OFFICER The serial number is 91275.

DEFENDANT- Can you point out by serial number that these tuning forks
were the same ones used to test radar gun # 91275?

If and when the officer can not fulfill your request, I would ask for a
dismissal:

DEFENDANT- Your Honor, these documents are worthless unless they
show the tuning forks in question, are the same ones used by the
officer that day. The prosecution can not prove they are, so I motion
for a dismissal.

If you've made it this far, (highly unlikely) and the prosecution has provided
everything you've asked for, check and make sure the calibration on the
tuning fork was not performed more than 6 months prior to the alleged
violation.

If so, ask for dismissal:

- 91 -
DEFENDANT- Your Honor, the law states that tuning forks be
calibrated within a certain time frame prior to the alleged violation.
This time is no longer than 6 months. The prosecution has submitted
evidence that shows the tuning forks were last calibrated 9 months
before my arrest. As a result, the evidence is inadmissible and I

Some areas require tuning forks be calibrated once a year. Just go ahead and
say 6 months and if you are corrected, simply apologize and say you were
mistaken and move on. One year is the absolute maximum in all states, so if
the tuning fork calibration is over one year old, you know for sure that it is
too old.

Or continue with the next question:

DEFENDANT- Officer, if one were to drop the tuning forks or if they were
exposed to excessive heat after being calibrated would they still function
properly?

If he says yes, correct him and ask for a dismissal:

If he says no....

DEFENDANT- Then can you submit proof the tuning forks were not dropped
or damaged in any way after it was calibrated?

If he says no (and he will) I would ask for a dismissal:

DEFENDANT- Your Honor, many factors can occur after the tuning
forks are calibrated to make them faulty. The tuning forks are a very
essential piece to the prosecutions case. However, they have failed
to prove, to any legal degree of certainty the tuning forks were
working properly. I motion for a dismissal.

- 92 -
SCENARIO #4

Officer Testifies He Checked the Accuracy of the Radar
Gun by Clocking a Fellow Officer Traveling at a Pre-
Determined Speed and They Both Came Up Equal

DEFENDANT- Officer, what is the name of the officer who conducted this
test with you?

OFFICER Officer Bolden.

DEFENDANT- Is Officer Bolden in the courtroom today?


Before saying anything else, I would ask for a dismissal:

DEFENDANT- Your Honor, since two people conducted the test and
only one is here to testify today I motion for a dismissal. Only Officer
Bolden can testify as to the reading in his cars speedometer that
day. And only Officer Bolden can testify as to the calibration of his
vehicles speedometer that day.

IMPORTANT: If the judge says the other officer need not be present, I
would say.

DEFENDANT - If Officer (name) is going to testify as to what the
speedometer reading was in the other officers car, that is strictly
based on hearsay. Unless this court allows hearsay to be admitted
into evidence I motion for the court to strike Officer Griffiths
testimony that the radar gun read the exact speedometer reading in
Officer Boldens car. Only Officer Bolden was an eye witness to the
speedometer reading.

If bad luck is your middle name and both officers show up for court that day
(1 in a million chance) just question the other officer using the speedometer
defense below.

DEFENDANT Your Honor, I call Officer Bolden to the witness stand.

Now, I would question Officer Bolden with the speedometer defense given
further below.

- 93 -

Very Important: If there are two officers who will be giving
testimonies in the courtroom it may be a wise decision on your
part to motion to have one excluded from the room while the
other is on the stand.

This will prevent him from listening in on the witnesss
testimony which may allow him to refresh his memory or
remember details he may have forgotten.

This will ensure that each testimony given is not based on what
one heard the other say. Its very possible that one officer will
assume a testimony based on what the other officer has said.

The more similar their testimonies become, the more believable.
By having them separated, its possible to have many
discrepancies and contradictions in their testimonies, which will
greatly help you beat your ticket.

- 94 -
SCENARIO #5

Officer Testifies That He Pushed the Internal Check
Button, but Makes No Mention of the Tuning Forks

DEFENDANT- Officer, the manual that comes with the radar gun clearly
states that in order for the gun to be considered accurate it must be tested
using the tuning forks issued with it, correct?

If he says no, correct him and ask for a dismissal.

If he says yes....

DEFENDANT- Did you perform these tests with the tuning forks prior to
pulling me over?

If answer is no, go at him hard. I would motion for a dismissal at this point:

DEFENDANT- Your Honor, either the officer doesnt know the proper
procedure to test a radar gun or he was just lazy in his police duties.
In either case, the officer cant say, with a legal degree of certainty,
his radar gun was accurate at the time I was clocked. I motion for a
dismissal.

Or if you dont like that one.

DEFENDANT- Your Honor, the tuning forks the manufacturer
recommends be used when testing the unit were not used. Therefore,
we do not have concrete evidence the radar gun was working
properly. Merely using the internal check button is not enough to
prove beyond a reasonable doubt the radar gun was functioning
properly and I motion for a dismissal.

If he answers yes...

DEFENDANT- Can you submit to the court the arrest log or activity log that
shows the date and time you performed this test?

If he can not, I would motion for a dismissal.

DEFENDANT- Your Honor, the prosecution has failed to submit an
arrest log to substantiate their claim the radar gun was actually
tested and functioning properly. Based on this fact I motion for a
dismissal.

If he does provide an arrest log you will want to look for 5 things:

- 95 -

1. Original document (Best Evidence Rule).

2. The arrest log is for the exact radar gun being used (match
serial numbers).

3. Performed the test before and after the ticket was written.

4. The radar gun was checked out that day by the same officer.
(Police officers must sign for the radar gun they will be using that day.
The arrest log will show who the radar gun was issued to. Match up
the names).

5. The arrest log is for the exact date and time you were
ticketed.

If something doesn't seem right, ask for a dismissal. The prosecution does
and WILL make mistakes. Continue as you would for scenario #1.

A. Your Honor, I was ticketed on Jan. 21. This arrest log is for Jan 23.
I motion for a dismissal.

OR

B. Your Honor, the radar gun used to measure my speed is gun #
91275. This document the prosecution has submitted is for radar gun
# 94448. They are not one in the same. I motion for a dismissal.

OR

C. Your Honor, the manual that comes with every radar gun
manufactured in this country clearly states that in order for the gun
to be considered accurate, it must be checked prior and after the
arrest. This arrest log makes no mention of a test being performed
AFTER the arrest. I motion for a dismissal.
And so on

- 96 -
SCENARIO #6

Attacking the Credibility of the Tuning Fork Check

DEFENDANT- Officer, is it true that in order for a radar gun to be tested
correctly it must be tested with specific tuning forks issued with the unit, or
will any tuning fork do?

If he says any tuning fork will do, I would correct him then ask for a
dismissal:

DEFENDANT- Your Honor, the officer has made a false statement
regarding the use of tuning forks. Tuning forks are specific to the
unit they were issued with. One tuning fork can not be used with a
radar gun it was not issued with. I motion for a dismissal.

If while questioning the officer about the tuning forks, he mentions that he
calibrated the tuning forks himself....

DEFENDANT- Are you licensed or certified in the field of tuning fork
calibration?

Almost every cop should answer NO to this question.

OFFICER No.

DEFENDANT- Your Honor, the witness has testified he conducted the
tuning fork calibration himself, yet he is not certified to do so. I
motion that his testimony be stricken from the record and ask the
court for a dismissal.

- 97 -

SCENARIO #7

Officer Testifies to Having Used Tuning Forks to Test
the Radar Unit and Has Testified the Tuning Forks
Were Calibrated and Has Proper Documentation

Now we are going to try and have the tuning fork calibration thrown out as
evidence. When the prosecutor hands the document to the officer or when
the officer hands the document to the judge (when there is no prosecutor),
ask to see it.

They have to let you see it.

We will assume the document is an original. We will also assume you have
checked to make sure the tuning forks were the same ones issued to the
radar gun by matching the serial numbers.

The next series of questions are similar to Scenario #2.

DEFENDANT Mr. Officer, was the person who conducted the tuning fork
calibration certified to do so?

DEFENDANT Can you submit a certification document which proves the
person who conducted this calibration was certified by the state?

If he can not, I would motion for a dismissal:

DEFENDANT Your Honor, the state of (name your state) requires that
anyone calibrating the tuning forks is required to be certified to do
so. Anyone at this facility had access to the tuning forks and could
have supposedly calibrated the radar unit without permission. Unless
it is proven, by way of a certification document, that the person who
conducted the calibration was certified to do so, I motion for a
dismissal.

Final Remarks:

You may use the Radar Defense in conjunction with the MUTCD Defense
further below. Ask for a traffic survey if all else fails. You may begin your line
of defense with the MUTCD Defense or you may start with the defense you
see here and if the judge still has not dismissed the case you can start asking
for a traffic survey for the particular stretch of road you were caught
speeding.

- 98 -
Moving Radar Defense

Police radar works in two modes, stationary and moving. As the names
suggest, stationary only works when the unit (or patrol car) is not moving
whereas, moving radar can be used while the police car is in motion.

Moving radar is most often used by the highway patrol. And unlike stationary
radar, moving radar requires a greater amount of expertise in implementing
it to ensure that the right target vehicle is being clocked.

Before I show you how to tackle a moving radar speeding ticket in court, it is
first logical for you to have a basic understanding of how it works and more
importantly how it fails.

How It Works

Most radar units issued today have the ability of working in two modes
(moving and stationary). The mode can be changed simply by flicking a
switch. There is an indicator light which tells the officer what mode the gun is
currently operating in.

When it comes to dealing with the technical aspects of moving radar, things
can get quite confusing pretty fast. Im sure youre not too interested in all of
the specifics and are more concerned about how to beat your ticket.
Therefore, Ill do my best to explain things as quickly and simply as possible.

Unlike stationary radar which uses one radar beam, moving radar uses two
beams. One is used the same exact way it is used in stationary mode (aimed
at target vehicle, bounces off of target vehicle and returns back to the
receiving end of the unit to calculate target vehicles speed).

The second radar beam is used to establish the moving patrol cars speed
relative to the earth. It can either target objects to the front or side of the
patrol car.

One beam is called the low doppler shift (patrol cars speed) and the other
is called the high doppler shift (your vehicles speed). The radar unit will
have two screens to allow the officer to see the two different speed readings.

When these two speeds are added together you get what is called a closing
speed.

- 99 -

For example:

Officers speed + Your speed = Closing speed

Or

Low doppler shift + High doppler shift = Closing speed

The closing speed minus the low doppler shift equals your speed.

For instance, if the officer is traveling at 55 mph and you are approaching at
85 mph the closing speed is 140 mph (55 + 85 = 140).

The closing speed minus the officers speed equals your speed (140 55 =
85).

Thats basically the mathematics of it all in a nutshell.

Now, lets go back for a moment and discuss the beams being used in
moving radar. As I mentioned, it uses two radar beams. One targets the
approaching vehicle (high doppler shift) and one targets the surrounding
terrain of the patrol car (low doppler shift) to establish the patrol cars speed.

It is with the low doppler shift that mistakes often occur.

Batching

One common error is called batching. Batching occurs when the patrol car
suddenly speeds up and slows down. The radar unit can not adjust for these
inconsistent speeds. As a result, this will cause the radar unit to alter the
actual speed the target vehicle is actually traveling.

A police officer is trained to keep his vehicle at a constant speed (usually
within 5 mph or so) when using moving radar to avoid batching (among
other errors) from occurring.

Cosine Error

Another all too common error involved with moving radar is called the
cosine error. As you know by now, one of the two beams from the radar
unit is used to establish the patrol cars speed. It does this by targeting
objects on the ground near the patrol car.

The cosine error occurs when the relative angle of these objects to the
officers motion are too high. In other words, if they are at great distances
from the moving patrol car, their angles will be too high and his patrol cars

- 100 -
speed will be computed less than what it actually is.

When this happens, his lower calculated speed will in turn give your vehicle a
greater overall speed. (Remember our mathematical formulas above.)

These are but two of the errors that can occur with moving radar.

Also, bear in mind that with stationary radar the officer can look down a
scope and target individual vehicles. He cant do this with moving radar
because the unit is usually fixed to his dash.

He can not drive with one hand and operate the unit with the other.

Because of these errors there are VERY FEW states in the nation which have
taken judicial notice on the workings of moving radar (Im not sure of the
exact number or which states have taken judicial notice, but I think there are
currently only 5 states). There are just too many issues at hand that have to
be overcome before more states will take judicial notice on the accuracy of
moving radar.

It is with this that we begin our defense.

Allow the officer to take the stand and begin to give his testimony. As soon
as he says the words moving radar I would OBJECT IMMEDIATELY!

Objection: Your Honor, I object. The police officer is introducing
evidence which this state has not taken judicial notice that moving
radar is an accurate and reliable means of speed detection. Unless
the prosecution plans to introduce a qualified expert to testify as to
the workings and accuracy of the moving radar unit as required by
law, I motion to have this case dismissed.

In all probability the judge will dismiss the case right there. However, he may
not and instead will say one of the following:

He will ask you to prove that no judicial notice exists. If he
does, I would say: Your Honor with all due respect, it is
impossible for me to try to prove the nonexistence of
something that doesnt exist. If it doesnt exist, then how can I
prove it? This is the prosecutions case and if they wish to
continue then the burden lies on them to prove to this court
that judicial notice does in fact exist.

He may say that he will take judicial notice. If he does, I would
say: Your Honor, I would like the record to show you are
personally taking judicial notice on a matter when there has
not been a single study, experiment or case in this state that
has shown moving radar to be a reliable and accurate means of

- 101 -

He may say he will allow the case to continue regardless of
judicial notice. If he does, I would say: Your Honor please let
the record reflect my objection to this case continuing without
a qualified expert to testify as to the workings and accuracy of
moving radar since this state has never found, to a scientific
degree of accuracy, moving radar to be a competent form of
speed detection.

If the judge allows the case to proceed, then you really have no choice but to
continue fighting your ticket. If you happen to lose, an appeal is almost
guaranteed to reverse the judges decision.

The following defense tactics should help you further.

Now that the officer has finished testifying it is now your turn to cross
examine him. Your objective during cross examination is to create as much
legal doubt as possible as to the accuracy of the moving radar unit.

The only way to accomplish this is to follow the stationary radar defenses
given earlier. Like stationary radar, moving radar also has to be calibrated
within a relatively short time frame. Tuning forks are used to calibrate
moving radar. Also, any documentation being presented should be checked
to make sure they are original documents.

You can also take it one step further (if your case is still not dismissed by this
point) and really expose the radar unit of its many inaccuracies. These next
cross examination techniques should allow you to do just that.

DEFENDANT Mr. Officer, when you target vehicles using a stationary radar
unit, that is when you are situated on the side of the road, is there a scope
for you to look through so you can clearly aim at specific vehicles to ensure
you are targeting the right vehicle?

OFFICER Yes.

DEFENDANT Being that you used moving radar, did you use this scope to
target my vehicle?

OFFICER No. (He will say no because it is impossible and not to mention
dangerous for him to look through the scope of the radar unit while it is fixed
to his dash and drive his vehicle at the same time.)

DEFENDANT Then officer, how did you determine that my vehicle and only

- 102 -
my vehicle was the one that gave the speed reading on your radar unit?

Now it really doesnt matter what he says. You have damaged his testimony
enough to have your case dismissed.

DEFENDANT Your Honor, the laws of physics prove that as a radar
beam travels it also widens. This width can be as wide as 400 feet.
As such, since the officer did not specifically target my vehicle, he
can not to a legal degree of certainty say that my vehicle and only my
vehicle caused the reading on his radar unit. I motion for a dismissal.

If youve made it this far and the judge has still not dismissed the case, your
last recourse is to make known the numerous errors that can occur with
moving radar. The more you can give the better. The objective here is to
reiterate the fact that some or all of these errors could have occurred while
the officer was attempting to calculate your speed.

Shadow Effect:

DEFENDANT Mr. Officer, what is a shadow effect and how can it
contribute to a false speed reading?

A shadow effect error occurs when the second beam used to calculate the
officers patrol car speed - by locking on to nearby objects on the road -
instead locks on to a nearby vehicle in front of the patrol car (usually a large
truck).

For example, a patrol car is traveling at 50 mph. It is approaching a large
truck directly in front traveling at 40 mph. The low doppler shift beam of the
radar unit locks onto the back of the large moving truck and returns a strong
low doppler shift back to the receiving end of the radar unit.

The radar gun will then read the closing speed of the patrol car on the truck.
This will make the radar unit think the patrol car is only traveling at 10 mph
(50 40 = 10).

When a vehicle approaches from the opposite direction, at lets say 60 mph,
the radar unit will actually calculate this vehicles speed as 100 mph. Because
the radar unit has calculated the officers speed as 10 mph and is closing in
on the approaching car at 110 mph (vehicles actual speed + patrols actual
speed).

As a result, the radar unit calculates the approaching vehicles speed as 100
mph (110 10 = 100) or (closing speed officers speed = vehicles speed).
This inaccurate speed is 40 mph over the actual speed of the target vehicle!

- 103 -
Look Past Error:

DEFENDANT Mr. Officer, what is a look past error and how can it
contribute to a false reading?

A look past error is when the radar overlooks the target vehicle and instead
bounces off of a different vehicle. This is especially true with moving radar
since the officer doesnt scope out an individual vehicle and the radar gun
bypasses a small reflection in exchange for a larger one further down the
road (as with a large truck).

Studies have shown that the readings from a radar unit can often be from a
larger vehicle as far as miles down the road!

Fan Interference Error:

DEFENDANT Mr. Officer, what is fan interference error and how can it
contribute to a false reading?

A fan interference error is when a radar unit mounted inside the patrol car
will have the tendency to read the pulse of the fan motor (a/c, heater, or
defroster). This will override patrol car speed reflected from the roadway.
When this happens the false speed reading produced from the fan will be
substituted for patrol speed in the moving radars calculation of target speed.
Since the fan speed is considerably less than the patrols speed, this will
calculate the approaching vehicles speed as being higher than what it
actually is.

Batching:

DEFENDANT Mr. Officer, what is batching and how can it contribute to a
false reading?

Already discussed above.

Bumping Error:

DEFENDANT Mr. Officer, what is bumping error and how can it contribute
to a false reading?

Bumping error is when the officer slows down, as when to turn around and
give chase in the opposite direction. The turn around lessens the patrol cars
speed and increases or bumps the target vehicles speed.

Cosine Error:

DEFENDANT Mr. Officer, what is cosine error and how can it contribute to

- 104 -
a false reading?

Already discussed above.

If at any time, the officer says that he does not know a particular error, ask
him when was the last time he read his radar manual. Tell him that these
errors are clearly listed in his manual and that a properly trained person
should at least be familiar with such errors in order to prevent them from
happening. This will also be a good time to motion for a dismissal.

If at any time the officer says he is not supposed to know the technical
workings of the radar unit I would ask him if these errors are listed in his
handbook. If he says they are, then I would ask him when was the last time
he read it and why hes not required to know them. This is also a good time
to motion for a dismissal.

Closing Argument

It is highly unlikely that you will have to give a closing argument. More than
likely your case will be dismissed by then. But it is still a good idea to have
one ready just in case.

Its not possible for me to write one for you here because there are just too
many factors involved and each particular case is different. However, I can
give you a couple of pointers.

First, you will want to mention the fact that no judicial notice exists in your
state and the judge still allowed the case to continue without expert
testimony and the prosecutor failed to prove judicial notice does exist.

Also, remind the judge of all of the different errors you brought up during
cross examination that could have occurred and that the police officer has
not proven they didnt.

Finish off by saying the police officer has not proven, to any legal degree of
certainty, that he clocked your vehicle with a reliable method of speed
enforcement and that you ask for a verdict of not guilty.

Final Remarks:

You may use this Moving Radar Defense in conjunction with the MUTCD
Defense further below. Ask for a traffic survey if all else fails. You may begin
your line of defense with the MUTCD Defense or you may start with the
defense you see here and if the judge still hasnt dismissed the case you can
start asking for a traffic survey for the stretch of road you were caught
speeding.

- 105 -
Construction Zone Defense

Stipulations

In order for this defense to work there are certain stipulations (or conditions)
which must be met. With construction work zone tickets its important that
no workers were present at the time the offense occurred. The same holds
true with school zone speeding tickets; it must have been before or after
school hours.

What the Law Says

MUTCD =Manual on Uniform Traffic Control Devices

The MUTCD is a US government publication which contains standards for traffic
control devices that regulate, warn, and guide road users along the highways and
byways in all 50 States. Every state in the nation must abide by the codes and
regulations within this manual.

Address: http://www.mutcd.fhwa.dot.gov/pdfs/2003r1r2/pdf_index.htm

1) MUTCD Page 6B-01
Letter D
When warranted, an engineering study should be made (in cooperation with
law enforcement officials) of reported crashes occurring within the temporary
traffic control zone. Crash records in temporary traffic control zones should
be monitored to identify the need for changes in the temporary traffic control
zone.

Translation:
This law states that before a reduced speed in a construction zone can be
placed, an engineering and traffic survey must first be conducted. Simply
reducing the speed just because workers are present is not enough. They
must determine the correct speed to put and not just pick one they think is
right. If they can not produce this survey upon request, your ticket should be
dismissed.

2) MUTCD Page 6B-2
Standard:
All temporary traffic control devices shall be removed as soon as practical
when they are no longer needed. When work is suspended for short periods
of time, temporary traffic control devices that are no longer appropriate shall
be removed or covered.

- 106 -
Translation:
When all of the construction workers have gone home for the day this law
states that ALL temporary traffic control devices shall be removed or
covered. This includes ALL work zone and reduced speed limit signage.

The idea behind this law is that since no workers are present, there is no
reason to continue restricting drivers to the lower speed limit. This rule
applies whenever work has ceased for a short period of time.

So, during a 24 hour day if the construction company only works for 12
hours, then the remaining 12 hours would be considered a short period of
time and all of the lowered speed limits should be at least covered for these
12 hours and normal driving speeds continued until the following work day
has begun. This also includes weekends and holidays.

The only exception to this rule is if the construction zone area still poses a
threat to drivers even after workers have left for the day (ex. open trenches,
narrowed lanes, etc.).

3) MUTCD Page 6C-1 Section 6C.01
Temporary traffic control plans should be prepared by persons
knowledgeable (for example, trained and/or certified) about the fundamental
principles of temporary traffic control and work activities to be performed.
The design, selection and placement of temporary traffic control devices for a
temporary traffic control plan should be based on engineering judgment.

Translation:
This one is somewhat similar to the first one. It states that not just anyone
can post signs or create speed limits. Not the construction workers and not
even the cops for that matter. It must be done by a trained and/or certified
person.

If anyone else other than a trained and/or certified person has placed or
calculated the reduced speed limit then these signs and speed limits are NOT
legal. Ask for the name and qualifications of the person who conducted this
research. If it can not be presented I would motion to have the ticket
dismissed.

14
th
Paragaph
Reduced speed limits should be used only in the specific portion of the
temporary traffic control zone where conditions or restrictive features are
present. However, frequent changes in the speed limit should be avoided. A
temporary traffic control plan should be designed so that vehicles can safely
travel through the temporary traffic control zone with a speed limit reduction
of no more than 16km/h (10 mph).

- 107 -
Translation:
Here is one of the most widely disregarded traffic control laws. First, it states
that the reduced speeds should be limited to the specific portion of the
traffic control zone. This means that only the specific area which needs the
reduced speed limit should be considered.

However, as you may already know, construction zone speed limits can begin
and end hundreds of feet from the specific portion which needs reduced
speed limits.

By doing so, they have essentially broken the law. The reduced speed limits can
only be posted within the specific portion of the construction zone. It also states
that the reduction of speeds should not be more than 10 mph.

15
th
Paragraph
A reduction of more than 16km/h (10mph) in the speed limit should be used
only when required by restrictive features in the temporary traffic control
zone. Where restrictive features justify a speed reduction of more than
16km/h (10 mph) additional driver notification should be provided. The
speed limit should be stepped down in advance of the location requiring the
lowest speed, and additional temporary traffic control warning devices should
be used.

Translation:
This law states that reductions in speeds of more than 10 mph are allowed
provided that the situation warrants it and significant warnings are in place
to give motorists advanced notice.

As rule number 1 states above, this extra reduction in speed can only be
created when an engineering and traffic survey has been conducted. Again,
you may want to ask the officer for this engineering survey.

16
th
Paragraph
Reduced speed zoning (lowering the regulatory speed limit) should be
avoided as much as practical because drivers will reduce their speeds only if
they clearly perceive a need to do so.

Translation:
This one and number 7 below go hand in hand and are self explanatory.

18
th
Paragraph
Research has demonstrated that large reductions in the speed limit, such
as... (30mph) reduction, increase speed variance increase the potential for

- 108 -
crashes. Smaller reductions in the speed limit of up to (10 mph) cause
smaller changes in speed variance and lessen the potential for increased
crashes. A reduction in the regulatory speed limit of only up to (10 mph)
from the normal speed limit has been shown to be more effective.

These laws are very clear on what is supposed to be done during
construction zone work hours. It is from these laws we formulate our defense
strategy. The law actually works in your favor and if used correctly you
should have no problem beating your ticket.

Everyones particular case is different. I cant go into a detailed defense here,
but by having given you the above MUTCD codes you should be able to use
whichever ones pertains to your case.

Also, I suggest you read this entire section of the manual when you get a
chance. There are dozens of other required procedures which must be met
and you may just find something to help get your case thrown out.

Heres the link again (jump down to chapter 6A-E):

http://www.mutcd.fhwa.dot.gov/pdfs/2003r1r2/pdf_index.htm

The next section should help you even further:
Before I begin to show you how to beat a work zone (or construction)
speeding ticket, let me start off by saying that speeding in this location is
dangerous for all of the hard working construction workers out there.
I do not condone speeding and I definitely do not
condone speeding in construction or school zones.
With that being said, lets begin
The Defense

When it comes to construction zone speeding tickets, you may be fighting
two battles here. First you have to dismiss the ticket as a construction zone
speeding violation. Next, if you have successfully done that, you then have
to beat the speeding part of your ticket.

However, in some localities it may very well be possible to dismiss the ticket
entirely just by proving that it was labeled wrong to begin with. If you can
show the judge that your ticket was not in fact a construction zone
violation, your case will usually end right there without you having to
continue with fighting the second speeding charge.

- 109 -
Heres an example:

Lets say that under normal conditions the posted speed limit on a
street is 55 mph. During construction times this speed limit has been
reduced to 35 mph. If you get pulled over for speeding at 65 mph in
this construction zone, you must first contest the charge of it being a
construction zone related speed infraction.

After you have had the charge of it being a construction zone
speeding ticket dismissed (by utilizing the strategies below), then you
will have to beat the speed charge of doing 65 mph in a 55 mph zone.
(Since you have had it dismissed as a construction zone ticket, the
construction zone speed limit is no longer valid).

Conversely, if you were only going 50 mph in the construction zone,
then there would be no second charge to fight since you were still
under the normal posted speed limit.

The main objective of first dismissing the charge as a construction zone
speed related infraction is obvious. By having done so (even if you get found
guilty of speeding), you can easily save yourself hundreds of dollars in extra
fines and avoid the double points sometimes assessed to your driving record.

If youre like most people, you probably think it is impossible to beat a work
zone speeding ticket. With all of the signs warning motorists of increased
police activity and speeding fines being doubled, it gives the impression that
if given a speeding ticket, you will be found guilty no matter what.
You have to hand it to the government; they sure know how to scare us. But,
thats all it really is a scare tactic!
Heres how to easily beat a work zone speeding ticket:
The only way to beat this type of ticket is if there werent any construction
workers present at the time. Now you may be thinking, Arent there always
construction workers present?
The answer is NO.
Ninety nine percent of the time a police officer will set up speed traps in a
construction zone area ONLY when there arent any workers present. Its
much too dangerous to give out speeding tickets when the lanes have been
narrowed and workers are out doing their job.

- 110 -
Hed be creating a hazardous situation if he were to pull drivers over during
construction time. Also, many police departments have a policy that prohibit
officers from conducting speed enforcement during construction work hours.
As a result, police officers usually only give out speeding tickets when all the
workers have gone home for the day. Since this is the case, many states
have laws that specify speeding tickets given in construction zones can be
labeled as work zone traffic infractions only when workers are present.
If there werent any workers out at the time, then the officer can not label
your speeding ticket a work zone violation!
The following states which have this rule in effect are:
Alabama
Arizona
Arkansas
California
Connecticut
Florida
Georgia
Illinois
Louisiana
Minnesota
Mississippi
Missouri
Montana
Nevada
New Hampshire
North Dakota
Oklahoma
Pennsylvania
South Dakota
Tennessee
Texas
Utah
Virginia
West Virginia
Wisconsin
Chances are good your construction zone ticket was issued when NO workers
were present. If thats the case, check above to see if you are in a state that
has a no construction worker present law.
If you are lucky enough to be in one of these states, do the following:

- 111 -
Contact the construction company and have them send you a certified letter
stating their hours of operation. Make sure it is a certified letter. The courts
may not accept it if it is not.
Next, look to see if your ticket specifies the time the alleged infraction
occurred.

Very Important: If there is no time given, you can easily have
your case dismissed by arguing that the officer can not prove
you were given a ticket during construction work hours. The
judge will then have to find you not guilty without this important
information.

Once you are in court, allow the officer to give his testimony and as soon as
you hear him say the word construction I would OBJECT IMMEDIATELY!
Turn to the judge and motion to have the ticket dismissed as a work zone
traffic infraction based on the fact that no construction workers were
present.
I would say something like this
I object! Your Honor the State of (give name of state), has laws in
effect which specify that in order for someone to be convicted of
speeding in a construction zone, there must be workers present at
the time of the alleged violation. Your Honor, this piece of paper that
I have with me is a certified letter from the construction company
that states its hours of operation in the construction zone. As you
can clearly see, my speeding ticket gives a time which falls outside of
this time frame. Therefore I request to have the ticket dismissed as a
work zone traffic infraction based on this fact.
The judge will then legally have to dismiss the ticket as a work zone
violation. It must be dismissed because it was labeled wrong to begin with.

But remember earlier I mentioned you may have to fight two battles here.
Even if the judge dismisses the ticket as a work zone violation, if you were
still speeding (exceeding the normal posted speed limit) you may have to
fight the speeding charge against you.

The only way to accomplish this is to follow the strategies I give in this book.

- 112 -
If the judge denies your motion to dismiss the ticket as a work zone
violation, you can still fight it using the radar/laser techniques inside.

If you still lose, you can be assured that at least you have saved yourself
hundreds of dollars in fines and at least 2 to 4 extra points on your record.

- 113 -
School Zone Defense

I love children as much as the next guy. I totally agree with someone
receiving a speeding ticket though a flashing school zone or during school
hours. If you were caught speeding through a flashing school zone then you
absolutely deserve a speeding ticket.

However, when local law enforcement uses the speed zone before or after
school hours as a means of increasing revenue and not child safety then it
becomes obvious that something very wrong is going on. This defense is
strictly meant for those of you who received a speeding ticket before or after
school, or during the weekend.

Stipulations

The only stipulation here, as mentioned earlier, is that no students can be in
the vicinity at the time you were ticketed. So, if you get a school zone
speeding ticket at 6:00 PM you should have a fighting chance at beating it. If
you were caught speeding through a flashing school zone traffic control
signal then nothing here will help you.

For the rest of you who have been illegally ticketed after or before school
hours for the simple purpose of increasing revenue, then this next piece of
information may help you.

What the Law Says

Again, we will be focusing on what the MUTCD has to say in regards to school
zone traffic regulations. As a matter of fact, the MUTCD has an entire section
devoted to school zone regulations. I urge you to read through this section
when you get a chance because it can greatly help and give you new ideas to
pursue when fighting your speeding ticket.

There are some 40+ codes in this section of the manual in regards to school
zones so I wont list them all here. Ill just give you the most important ones
and hope that you find the time to read this section of the manual yourself.

1) MUTCD Page 7A-1 Section 7A.01
NEED FOR STANDARDS:
It is important to stress that regardless of the school location, the best way
to achieve reasonably safe and effective traffic control is through the uniform
application of realistic policies, practices, and standards developed through
engineering judgment.

- 114 -
The type(s) of school area traffic control devices used, either warning or
regulatory, should be related to the volume and speed of vehicular traffic,
street width, and the number and age of the students using the crossing.

School area traffic control devices should be included in a school traffic
control plan.

Translation:
This section basically acts as an introduction as to why the government has
regulations in place with regards to school zones. Its been proven that
simply lowering the speed limit without evidence that the lowered speed limit
is in fact a correct and accurate speed to use does not have the desired
effect of creating safety.

SCOPE:
Part 7 sets forth basic principles and prescribes standards that shall be
followed in the design, application, installation, and maintenance of all traffic
control devices (including signs, signals, and markings) and other controls
(including adult crossing guards, student patrols, and grade-separated
crossings) required for the special pedestrian conditions in school areas.

Translation:
This basically states that the rules and regulations set forth in the MUTCD
must be followed. The MUTCD takes precedence over any and all state or
local governments.

ENGINEERING STUDY REQUIRED:
Section 1A.09 contains information regarding engineering studies

Translation:
This section gives reference to section 1A.09 (below) which mandates that
before any speed limit (even school zones) is adopted it must first be
determined by the use of an engineering and traffic survey.

SECTION 1A.09
The decision to use a particular device at a particular location should be
made on the basis of either an engineering study or the application of
engineering judgment. Thus, while this Manual provides Standards,
Guidance, and Options for design and application of traffic control devices,
this Manual should not be considered a substitute for engineering judgment.

Engineering judgment should be exercised in the selection and application of
traffic control devices, as well as in the location and design of the roads and
streets that the devices complement. Jurisdictions with responsibility for
traffic control that do not have engineers on their staffs should seek

- 115 -
engineering assistance from others, such as the State transportation agency,
their County, a nearby large City, or a traffic engineering consultant.

4) MUTCD Page 7B-2 Section 7B.08
SCHOOL ADVANCED WARNING ASSEMBLY:
The School Advance Warning assembly (see Figure 7B-1) should be installed
in advance of locations where school buildings or grounds are adjacent to the
highway, except where a physical barrier such as fencing separates school
children from the highway.

Standard:
The School Advance Warning assembly shall be used in advance of any
installation of the School Crosswalk Warning assembly (see Figure 7B-2), or
in advance of the first installation of the School Speed Limit assembly (see
Figure 7B-3).

The School Advance Warning assembly shall be installed not less than 45 m
(150 ft) nor more than 210 m (700 ft) in advance of the school grounds or
school crossings.

Translation:
This mandates that an advance warning sign must be in place before the
actual reduced speed zone. Take a little drive back to the area of where you
were clocked speeding. If no advance warning sign is in place than you have
a great defense on your hands. If there is, check and make sure that it is no
less than 150ft from the actual reduced speed zone.

SCHOOL SPEED LIMIT ASSEMBLY:
A School Speed Limit assembly or a School Speed Limit (S5-1) sign shall be
used to indicate the speed limit where a reduced speed zone for a school
area has been established (in accordance with law based upon an
engineering study) or where a speed limit is specified for such areas by
statute. The School Speed Limit assembly or School Speed Limit sign shall be
placed at or as near as practical to the point where the reduced speed zone
begins.

Guidance:
The reduced speed zone should begin either at a point 60 m (200 ft) from
the crosswalk, or at a point 30 m (100 ft) from the school property line,
based on whichever is encountered first as traffic approaches the school.

Translation:
This section gives the correct usage of any reduced speed limit signs. They
must be at least 200ft from the crosswalk and 100ft from the school property
line.

- 116 -
END SCHOOL ZONE SIGN:
The end of an authorized and posted school speed zone shall be marked with
a standard Speed Limit sign showing the speed limit for the section of
highway that follows or with an END SCHOOL ZONE (S5-2) sign (see Figure
7B-1).

Translation:
This section mandates that an end school zone sign be placed where the
official school zone ends. Youd be surprised to know that many school zones
in the country dont have an end school zone sign in place. Again, take a
drive back to where you were ticketed and see if such a sign is there. If not,
you may be able to beat your ticket. Remember, this is a government
regulation that must be done. Local and state governments dont have a say
in the matter and must abide by federal rules.

These were the main issues from the MUTCD about school zone regulations.
There are over 40 of them so it is suggested that you read through the
manual yourself.

You may find more which pertain to your individual situation. Remember
(and I cant state this enough) the MUTCD is a federal guideline which all 50
states must abide by. If you find one or more of these guidelines not being
followed then you should not hesitate in using this as a defense in court.

By failing to enforce just one of these guidelines your speeding ticket may
not be enforceable. Since every situation is different, it would be futile for me
to attempt to give any defense strategies.

However, with these MUTCD codes given, you should have no problem
finding fault in at least one of them and using this as the basis of your
defense strategy.

If every MUTCD code has been followed correctly, then your only recourse is
to use the defense strategies given inside this book. Regardless of what type
of speeding ticket you have (construction or school zone) it is still a speeding
violation determined by a machine (radar or laser gun) and can be beat by
attacking the accuracy of such devices.

- 117 -
Laser Defense

For laser cases, you will want to bring in case law:

In the Matter of the Admissibility of Motor Vehicle Speed Readings Produced
by the LTI MARKSMAN 20-20 Laser Speed Detection System

Also bring in any case laws from your state.




Most states in the country have not taken judicial notice on the workings of
laser type measuring devices. This means that the state does not accept
this type of evidence as being accurate, unless substantial evidence (expert
testimony) is submitted.

Exceptions:

Colorado (Boulder)
The city of Boulder does accept laser as a reliable speed measure provided
(1) Proof of annual certification of the device by the Colorado Department of
Agriculture, (2) operator was trained and certified and instruction provided by
instructor certified to provide such training, (3) proof instrument was operated in
accordance with manufacturers specifications, (4) proof instrument in proper
working order on date in question and device checked for accuracy at the beginning
and end of shift to include (a) proof of proper sight reticle alignment, (b) proof speed
reading maintained for at least 2 seconds, (c) proof of the distance of speed reading,
(d) proof that the lidars instruments internal check indicated that the instrument
was in proper working condition, (e) proof that the officer made a visual estimate of
the speed of the vehicle in question to correlate the speed reading indicated by the
lidar instrument.

Ohio (Columbus)
The city of Columbus does accept laser as a reliable speed measure provided
1) laser must be pointed so that the red dot on the scope is aligned with a reflective

- 118 -
areas such as a license plate, on the target vehicle; (2) target vehicle must be
moving in a line directly moving toward or away from the laser; and (3) laser must
be properly calibrated prior to use. 733 N 2d, 326.

Idaho
The entire state of Idaho does accept laser as a reliable speed measure.

Georgia
The entire state of Georgia does accept laser as a reliable speed measure.

Maryland
The entire state of Maryland does accept laser as a reliable speed measure.

Virginia
The entire state of Virginia does accept laser as a reliable speed measure.

Heres what to do if you are not in any of the above jurisdictions. While the
officer is giving his testimony, I would wait till I hear him say the word
laser and then object and request a dismissal.

DEFENDANT - Your Honor, the prosecution is introducing evidence
that this state has not taken judicial notice on. If the prosecution
does not introduce a QUALIFIED EXPERT on the workings of laser as
the law requires, I motion for a dismissal.

No Qualified Expert? CASE DISMISSED!

In all probability the judge will dismiss the case right there. However, he may
not and instead will say one of the following:

He will ask you to prove that no judicial notice exists. If he
does I would say: Your Honor with all due respect, it is
impossible for me to try to prove the nonexistence of
something that doesnt exist. If it doesnt exist, then how can I
prove it? This is the prosecutions case and if they wish to
continue then the burden lies on them to prove to this court
that judicial notice does in fact exist.

He may say that he will take judicial notice. If he does, I would
say: Your Honor, I would like the record to show you are
personally taking judicial notice on a matter when there has
not been a single study, experiment or case in this state that
has shown laser to be a reliable and accurate means of speed
detection. The prosecution has failed to present any scientific
evidence to disclaim my objection and further let the record
reflect my objection to you taking judicial notice to this device.

- 119 -
He may say that he will allow the case to continue regardless of
judicial notice. If he does, I would say: Your Honor please let
the record reflect my objection to this case continuing without
a qualified expert to testify as to the workings and accuracy of
laser based speed devices since this state has never found, to a
scientific degree of accuracy, laser to be a competent form of
speed detection.

It's likely the judge will grant your request for a dismissal, if not, you will
want to continue as you would using the radar defense. Laser guns, like
radar guns, must be calibrated within a reasonable time of the offense. If
the prosecution can not present evidence as to the accuracy of the device, I
would ask for a dismissal.

Some important facts regarding laser:

Most states DO NOT accept laser as an effective measuring
device. (Grounds for immediate dismissal without expert
witness). The states and cities given above are an exception
(they accept laser as an accurate means of speed detection).
You CAN NOT use the judicial notice defense in these cities and
states. However, you can still continue to fight it.

Laser guns must be calibrated by a certified facility or
technician.

Laser is affected by the medium in which it passes through. If it
passes through open air where the moisture level is high, it will
bend. If it passes through a window it will also bend.

IMPORTANT: Theres a good chance you are in a state
that does not recognize laser as an accurate method of
speed measurement. In these states the prosecution
MUST bring an expert witness to testify on the workings
and accuracy of the laser. If the prosecution attempts to
bring a witness that is a representative of the
manufacturer of the laser gun, OBJECT IMMEDIATELY!
Have him disqualified from testifying on the grounds that
he has a financial interest in the case and may be
impartial.

If you are in the few states that have taken judicial notice on laser, they will
have certain requirements in order to be accepted as accurate by the state.
These requirements are as follows:

1. The laser was used in open air and not from inside the
officers vehicle where the glass or windshield can bend it and
alter the reading.

- 120 -

2. Moisture in the air is below a certain level.

3. Laser gun was operated by a trained officer.

4. Laser gun was tested and calibrated within a reasonable
amount of time.

5. The means used to test the laser gun was done correctly.

As you can see, laser is very similar to radar except for the first two points.
It is from these first two requirements you will begin your line of questioning.

DEFENDANT - Mr. Officer, where were you when you used the laser gun to
clock my speed?

If he says he was in his car....

DEFENDANT - Were your windows opened or closed?

If he says they were closed....

DEFENDANT - Mr. Officer, are you aware that laser bends when going
through glass?

DEFENDANT - If your windows were closed and the laser beam went
through it at an angle, how can you be so sure it targeted the right vehicle?

By now it doesn't matter what he says. You have just established enough
reasonable doubt. Now is a good time to ask for a dismissal:

DEFENDANT - Your Honor, the officer has testified he was in his car
and the windows were closed at the time he was operating the laser
gun. The laws of physics state that laser will bend and refract if
passing through a glass. If the laser bends, we can not be sure that
the reading the officer obtained was accurate, to a scientific degree
of certainty. I motion for a dismissal.

If the officer says he was outside his car or shooting through an open
window.

DEFENDANT - What was the moisture level in the air the day you clocked
my speed?

DEFENDANT - Do you know that certain levels of moisture in the air will
bend and alter a laser beams path?

If he does not know what the level of moisture was that day (he wont), I

- 121 -
would ask for a dismissal.

DEFENDANT - Your Honor, a laser beams path can easily be altered
due to moisture in the air. Unless the prosecution can submit
evidence that the moisture was at an appropriate level that day, I

Important Points:

If the officer says the laser was calibrated, have him
show proof.

If he tested the unit using another officers help,
(clocking the other officers vehicle) make sure the other
officer is present to testify.

If he provides documentation, make sure it is an original.

Any documentation that is presented must be checked
thoroughly.

Reasonable time for calibration is the same for radar
guns (about 6 months to a year).

The laser defense is very easy to implement. It's similar to radar, so use the
radar defense strategy for laser. Just change some of the wording.

- 122 -
Laser Testing
Unlike radar guns, the laser gun has no tuning forks to test it with. Instead,
the officer must perform what is called time-distance test.
Basically the officer will stand at a predefined position and point the gun at
an object that has been specifically measured for distance. You can almost
always dispute the laser calibration results by following this next strategy.

Theres a manual called Prolaser III. In it, the required steps to performing
the test on a laser unit are clearly defined.

The steps must be followed to a tee if the laser unit is to be considered
accurate in the eyes of the law. You can refute the officers testimony that he
properly tested the laser unit by following the standard procedures outlined
in the Prolaser III manual.

The manual states that the laser unit must be fixed to a tripod or other
contraption so as to hold it securely in place. The officer must point and
shoot the laser gun to an object that has already been measured for
distance from the point of the tripod.

During your cross examination, I would ask the officer the following
questions:

DEFENDANT - When you tested the laser unit, where was it situated?

In almost every case the officer will say he was holding the laser unit in his
hand.

If so.

DEFENDANT - Isnt it true, the laser unit must be fixed to a tripod or other
similar device to prevent calculation errors?

If he says no, correct him by mentioning what the Prolaser III manual states.

DEFENDANT - Your Honor the Prolaser III is the most widely used
laser gun in the country and the procedures outlined for testing are
essentially the same for all laser guns. The officer has testified that
he was manually holding the laser gun while conducting the
calibration. This is not how to properly test the laser gun. I motion to
have the laser gun evidence thrown out based on this fact.

If motion denied.

- 123 -

DEFENDANT Officer, are there any markings on the ground to let you
know exactly where to stand while conducting this test?

If he says no

DEFENDANT Then how do you know you were standing in the correct
position at the correct distance from the target object?

He wont have much to say here. If he says he stands in the same spot every
time he tests the laser gun, say

DEFENDANT What proof do you have the other tests you have conducted
were accurate?

He wont have any proof.

DEFENDANT Being that you held the laser unit in your hand and did not
stand at a predetermined position, how can you say, with a legal degree of
certainty the laser gun was properly tested?

Again, he wont have much to say here either.

DEFENDANT Officer, do you know what the tolerance level is for testing of
a laser speed device?

He may say no. He may also give you a number. If he doesnt know or gives
any other answer other than 1/2 foot, I would continue with

DEFENDANT Officer, the correct tolerance level is one half feet. Can you
prove being that you did not use a tripod; you did not deviate past this
tolerance level?

Of course he CAN NOT prove this.

DEFENDANT Your Honor, through the officers own admission, its
obvious the correct procedures to testing the laser gun were not
followed. The Prolaser III manual is the standard that all police
departments in this country follow in terms of accurate laser testing.
The manual states on page 24 the gun must be in a fixed position and
the object used must be in a fixed measured distance. It also states
the standard deviation to be less than a foot. Since neither was
followed and no testimony was given that he did not deviate past the
recommended deviation length, the laser gun can not be considered
accurate to a legal degree of certainty. I motion for a dismissal.

A dismissal at this point is almost guaranteed!

- 124 -
Final Remarks:

You may use this Laser Defense in conjunction with the MUTCD Defense
speeding.

- 125 -
Pacing Defense

Bring applicable case laws from your state.




In the event that you were paced by a police officer, use the following
defense strategies:

You hand the judge and prosecutor a copy of the relevant case law(s) you
have brought.

Your case is called, officer makes his statement, and the prosecution rests its
case.

- 126 -
SCENARIO #1

Officer Makes No Mention of Calibrating the
Speedometer

DEFENDANT - Officer, are you certain the speedometer in your car was
functioning accurately and if so would you present to the court evidence
stating the vehicle's speedometer was calibrated within a reasonable amount
of time the alleged violation occurred?

If he can not, ask for a dismissal.

DEFENDANT- Your Honor, the prosecution has failed to prove, by way
of sufficient documentation, the speedometer was accurate at the
time of the alleged violation. I motion for a dismissal based on this
fact.

I would venture to say that only 20% of the police departments in this
country actually calibrate their squad car speedometers on a regular basis.

If he can not produce the evidence, but says he believes the speedometer
was functioning correctly, I would ask him the following questions:

DEFENDANT Mr. Officer, Im not asking you for your assumptions or
beliefs on the matter. Im asking for actual proof.

DEFENDANT - Officer, are you trained or certified in the field of
speedometer calibration?

When he says no (and he will say no), ask for dismissal.

DEFENDANT - Your Honor, the witness on the stand is not trained or
certified in speedometer calibration. His testimony as to the accuracy
of the speedometer is not valid and should be stricken from the
record. I motion for a dismissal.

If he does happen to produce evidence of the speedometer being checked,
make sure it is an original document, if not, ask for dismissal.

If it is the original or if the judge denies motion, continue on.

Check to make sure the evidence he provides matches up with the exact
vehicle used by the officer that day. If they don't match, ask for a dismissal.

Have him show you the speedometer in his vehicle (license plate # or car #)
is the same one being referred to in the document.

- 127 -

If everything matches (rare), I would ask the officer this question:

DEFENDANT - Would you submit forth evidence proving the exact vehicle in
question has had no external or internal changes that may affect the
speedometers reading after the calibration was performed.

A maintenance report on the vehicle showing no new tires, major
mechanical parts, or accidents after the calibration occurred will suffice.

If nothing is presented, I would ask for a dismissal:

DEFENDANT - Your Honor, there are many factors which can alter a
speedometers reading after it is calibrated. If it is not proven these
factors did not occur after the vehicle was calibrated, we will never
know just how accurate the speedometers reading was. Police cars
are regularly involved in accidents or have parts repaired and
replaced. If a vehicle maintenance record is not presented to
extinguish any doubts, then I motion for a dismissal.

If a maintenance report on the vehicle is presented, VERY UNLIKELY, you will
want to make sure it is an original document and it is for the same vehicle
driven by the officer that day.

Police officers regularly change vehicles, so it is very possible they may bring
in documentation pertaining to another vehicle. This is why its a very good
idea to jot down the officers car number before leaving the scene of the
traffic stop.

- 128 -
SCENARIO #2

The Officer Claims Another Officer Used a Radar Gun
to Clock His Speed and They Both Came Up Even

Only the actual officer who performed the radar test can testify as to what
the radar reading was. And only the officer who performed the testing on
the radar gun can testify as to its accuracy.

DEFENDANT Officer, what is the name of the other officer who performed
the test with you?

OFFICER - Officer Greene.

DEFENDANT - Is Officer Greene in the courtroom today?

OFFICER - No, he is not.

When he says that he is not present, I would ask for dismissal.

DEFENDANT - Your Honor, the defense can not give testimony as to
what the other officer's radar reading was. Since the other officer is
not present to testify, I motion for a dismissal.

Important: If the judge or prosecutor says the other officer need not be
present, say.....

Your Honor, the prosecution's case against me is based solely on the
fact that the speedometer used to measure my speed was accurate at
the time the alleged violation occurred. Higher courts have ruled that
if the defense request evidence, the prosecution must submit proof.
This proof can only be presented, as the law requires, by the other
officer who performed the test. Since the other officer is not here, I

If by chance the other officer is present, ask the officer to take the witness
stand and continue on as you would with the radar defense strategy.
Question him about the calibration of the gun and tuning forks and ask for
original documentation.

- 129 -
SCENARIO #3

Your Ticket Shows a Speed Not in Increments of 5mph

For this next scenario you will want to look at your ticket and see what speed
the officer has written down. If it is not in increments of 5 (ex. 20, 25, 30,
35, or 40) then I would continue with this next defense. In other words, if
your speeding ticket has your speed as 57 mph for example, then this next
defense will be extremely useful.

Most, if not all speedometers do not give single digits for speeds. Theyre
usually in increments of 5 or 10 mph. Many dont even have hash markings
for each single mph. If you were issued a pace ticket and the officer did not
write down your speed as an even 5 mph increment I would use the following
defense.

DEFENDANT Officer, does your speedometer clearly label each and every
single mph?

OFFICER No.

DEFENDANT Then how is it, since your speedometer does not clearly label
each mph you are able to give me an exact speed reading of 62 mph (or
whatever it is)?

More than likely he wont have an answer. However, he may respond by
saying something along the lines of him having used estimation or
approximating your speed. If he does, I would say

DEFENDANT I see, so in other words you were simply guessing? This
court requires your testimony be accurate and based on fact and not your
guesses or approximations.

Now, I would turn to the judge and motion for a dismissal:

DEFENDANT Your Honor, the officer has just testified my speed
reading is in itself not an accurate reading. The officers speedometer
does not clearly label each and every mph and more than likely is
labeled every 5 mph. Being such, the officer can not, to a legal
degree of certainty, say that my speed is an exact and precise
measurement as the law requires. I motion for a dismissal.

Final Remarks:

You may use this Pace Defense in conjunction with the MUTCD Defense

- 130 -
speeding.

- 131 -
VASCAR Defense

Quick Side Note

VASCAR is illegal in California and Washington. In these states lawmakers
have concluded this type of speed measurement falls under the category of a
speed trap. Use this defense for aerial (aircraft) speeding tickets also.

Case Laws to Use

For VASCAR use any pertinent case laws from your state if there are any.

Tell the judge you have appropriate case laws to hand in for his
consideration. Remember to have 3 copies on hand.




Give one to the judge and one to the prosecutor.

If at all possible, the best out of state case laws to use would be from states
bordering the state you are in. But since all case laws were handed down
from higher courts (usually state supreme courts) most judges will allow you
to submit them. If not, it is NOT damaging to your case.

How VASCAR Works

The most common way that VASCAR is implemented is with two defined
markers or lines on the road. Once you cross one marker, the officer will
start his watch (could be a stop watch or other similar timing device). As you
cross the second marker, the officer will stop his watch.

The amount of time it took you to get from the first marker to the second is
divided by the length between the markers. This will give the officer your
speed.

- 132 -
Sometimes the timing device used is attached to an onboard computer which
calculates the speed. Other times the officer will have a chart to calculate
your speed.

Basis:
More times than not, when it comes to VASCAR there are usually two officers
involved. One to calculate the speed and one officer to pull you over and
write up the ticket.

As you already know, if two officers were involved in the stop (either directly
or indirectly) then BOTH officers must come to court to testify.

Remember this for your trial.

Officer Gives His Testimony:
The officer will take the stand and begin to testify as to how you were caught
speeding. He must testify to the following things:

1) Identify you as the driver of the car.

2) Testify as to the speed limit.

3) Accurately describe your car (make, color and license plate).

4) Testify that he has had training with VASCAR speed measurement.

5) Testify that he used the VASCAR speed measurement according to
proper procedure.

6) Testify that your car and only your car was the one which was
caught speeding.

Make a list of the above and check off each one he testified to. If he leaves
one of the required testimonies out circle it and wait for him to finish his
testimony. Also wait for the prosecutor to rest his case.

Refer back for the correct way to handle missing testimonies.

If the officer happens to testify to all of the above, wait for the judge to ask
you if you would like to cross examine the officer. You reply Yes, Your
Honor and commence with your cross examination.

- 133 -
SCENARIO #1

The very first thing to do is find out if the officer acted alone or if there was
another involved in the traffic stop.

DEFENDANT Officer, who conducted the VASCAR speed measurement?

If he says that another officer situated down the street or highway did, I
would continue with

DEFENDANT What is the name of this officer?

OFFICER Officer Johnson.

DEFENDANT Is Officer Johnson in the courtroom today?


Now, I would turn to the judge and motion for a dismissal:

DEFENDANT Your Honor, the officer has just testified that another
officer was involved in the traffic stop and he is not in the courtroom
today. This officer on the stand can not testify to my speed as he was
not the one who calculated it and his testimony is strictly based on
hearsay evidence. Unless the actual officer who calculated my speed
is in court today to testify, I motion for a dismissal.

Change it around if the officer who is on the stand is the one who calculated
your speed but not the one who pulled you over.

There are some instances where the prosecutor will request for a continuance
to allow the second officer to show up. More than likely the judge will grant
his request unless you object.

DEFENDANT I object Your Honor. The trial is today and I have
missed work and pay to be here. I also have come prepared to
defend myself and had expected the same level of professionalism
from the prosecution. If the prosecution has come unprepared then
that is their own fault and not mine and I should not be the one to
suffer as a result. I object to any more time given to the prosecution
and ask that this case continue.

The judge will more than likely not allow a continuance, but it is extremely
important you object immediately when the prosecutor requests for
additional time. If you dont object, your silence will be taken as acceptance
of the motion and the judge will grant a new trial.

- 134 -
SCENARIO #2

The next thing I would attempt to do in the courtroom is to attack the
accuracy of the timing device used.

DEFENDANT Officer, this VASCAR timing device used to calculate my
speed has it been properly calibrated?

If he says he doesnt know, I would continue with a motion for dismissal:

DEFENDANT Your Honor, higher courts mandate that if a speed
measuring device has been used in the calculation of a defendants
speed then this device must be properly calibrated. Since the officer
doesnt even know whether or not this calibration has taken place, I
motion for a dismissal as the officer can not testify, to a legal degree
of certainty, the VASCAR device used to measure my speed has been
recently properly calibrated.

If he says yes, I would continue with the next question.

DEFENDANT Could you submit forth the proper documentation proving
this?

If he doesnt have it in court with him I would continue with a motion for
dismissal:

DEFENDANT - Your Honor, higher courts mandate that if a speed
measuring device has been used in the calculation of a defendants
speed then this device must be properly calibrated. Since the officer
doesnt have the proper documentation to prove the VASCARs
accuracy, I motion for a dismissal as the officer can not testify, to a
legal degree of certainty, that the VASCAR device used to measure
my speed has been recently properly calibrated.

If he does have calibration documentation, ask to see it and review for the
following items:

1. Original Document (Best Evidence Rule)

2. The documentation is for the exact VASCAR unit in question.
Match serial numbers.

3. The person who conducted the calibration was certified to do
so.

4. The calibration was conducted within a certain time frame.
This may differ from state to state. Basically, if it is over a year

- 135 -
old it is too old and inadmissible.

Refer back for the proper way to handle a verification.

If everything seems to be okay, continue with the next line of questioning.

- 136 -
SCENARIO #3

In this scenario, you will challenge the officers location of where he was
standing at the time he clocked your speed.

DEFENDANT Officer, where were you situated at the time you calculated
my speed?

If he says he was in between the two marker posts, skip down to Scenario
#4. If he says anywhere else other than directly between the two marker
posts I would continue with the next question.

OFFICER I was situated parallel to the second marker (or line).

He may also say he was parallel to this first marker. It doesnt really matter
too much. What you want to establish is that he was not directly between the
two markers.

DEFENDANT Officer where would be the best position to situate yourself
to receive an accurate reading with VASCAR?

Hopefully he says directly between the markers. If he does.

DEFENDANT Then why werent you in this position when you calculated
my speed?

By now, it doesnt matter what he says. Youve just established enough
doubt that his calculated speed was not accurate.

DEFENDANT Officer, which part of my vehicle did you use as a reference
to where I crossed the two markers?

Its almost always the front bumper.

DEFENDANT Being that you were not situated directly between the two
markers on the ground, how can you, to a legal degree of certainty, testify
that your calculated speed was accurate?

Again, it doesnt matter what he says.

DEFENDANT Officer, being that you were not situated between the two
markers didnt your angle of where my front bumper crossed the first marker
(or second marker depending on his previous answer for question number 1)
distort your observation?

DEFENDANT How can you be so sure you started the VASCAR device at
the exact moment I crossed the marker since you were situated at such an

- 137 -
extreme angle?

DEFENDANT In order to calculate an accurate reading, doesnt VASCAR
speed measurement require you to be between the two defined markers on
the road?

Now hes done for. He wont have much to say, or at least what he says will
not be enough to convince the judge he did in fact calculate in accurate
speed reading. When he is done fumbling around for the correct answer to
give, I would turn to the judge and motion for a dismissal:

DEFENDANT Your Honor, through the officers own admission he
was not properly situated between the two posted markers. As a
result, his angle of where my front bumper and the first (or second)
marker met was extremely distorted. Therefore he can not, to a legal
degree of certainty, testify that his speed calculations are correct. To
operate VASCAR it is essential that his timing be accurate. We do not
have clear and convincing evidence to this fact and I motion for a
dismissal.

- 138 -
SCENARIO #4

Lets say the officer happened to be situated between the two markers. Now
it is time to attack whether or not the actual distance between the two
markers were accurate.

DEFENDANT Officer, what is the distance between the two markers on the
ground?

If he says he doesnt know, I would motion for a dismissal:

DEFENDANT You Honor, it is obvious that if the officer does not
know the correct distance between the two markers then he could
not have accurately calculated my speed. Since the officers defense
is solely based on a timing device which uses a mathematical formula
(speed = distance/time) the distance between the two markers is
crucial evidence. Since this basic information is not known, I motion
for a dismissal.

If he does give a distance.

DEFENDANT How was this distance measured? Who measured it?

If he says he measured it (which is usually the case) and some type of tape
measure was used I would follow up with the next question.

DEFENDANT What type of tape measure did you use?

Any answer is fine.

DEFENDANT Was this tape measure approved by the Department of
Transportation (DOT)?

If he says yes, have him show proof.

If he says he doesnt know for sure but he believes it is.

DEFENDANT Im not asking you what your beliefs are, I want a definitive
yes or no answer. And if your answer is yes submit the proper documentation
that proves your claim.

Since he has already admitted that he is not sure of its certification with the
Department of Transportation it would be foolish of him to say yes. If he
does say yes I would follow up with this next question.

DEFENDANT Officer, didnt you just testify that you were not sure if this
tape measure used to measure the distance between the two markers has

- 139 -
been approved?

OFFICER Yes but.

DEFENDANT Now you are testifying that you are sure?

DEFENDANT Well, which is it. Either you know or you dont know.

DEFENDANT Submit to the court the proper documentation proving that
this tape measure is approved by the Department of Transportation.

You can bet he doesnt have this documentation handy in court. When he
says he doesnt, I would motion for a dismissal.

If he says someone else measured the distance I would follow up with this
next question:

DEFENDANT Officer, what is the name of this person who measured this
distance?

OFFICER Officer Ramon.

DEFENDANT Is Officer Ramon in the courtroom today?

You can bet he is not.


When he says this second person is not in the courtroom, I would motion for
a dismissal:

DEFENDANT Your Honor, since someone else has conducted the
measurements between the two markers and that person is not here
to testify as to the way they measured it and whether or not the
measuring device used was approved by the Department of
Transportation, the officer can not testify as to the length between
the markers. This is obvious hearsay testimony. I motion for a
dismissal.

If the officer says the exact measurement between the two markers has
been documented, have him produce this document to the court.

DEFENDANT Officer, you claim that you know the distance between the
two markers because it is documented somewhere. Correct?

DEFENDANT Then would you submit this documentation to the court?

Again, the officer does not have this documentation with him in court today.

- 140 -
Hes never that prepared and neither is the prosecutor. If and when he can
not submit this document to the court, motion for a dismissal:

DEFENDANT Your Honor, the officer claims the exact distance
between the two markers are documented in some type of report. His
testimony is of little relevance unless he can produce this exact
document right now. Since he can not, I motion for a dismissal.

Final Remarks:

You may use this VASCAR Defense in conjunction with the MUTCD Defense
speeding.

- 141 -
Legally Speed Defense

This optional defense only works under certain circumstances. It's based on
a little known code found in some states vehicular code books.

This rule states that if anyone travels over the speed limit, under ideal
conditions and without posing a threat to the neighboring surroundings, then
it is NOT a violation of the speed law.

It's called the presumed speed limit.

A presumed speed limit is the opposite of an absolute speed limit, where
one mile over the limit is a violation. A presumed speed limit allows you to
travel over the speed limit as long as it is safe to do so.

In order for this defense to work, you will first want to make sure it is a law
where you live. Refer to the appendix in the end of this book. Some states
that have presumed speed limits include Kentucky, Rhode Island, North
Dakota, Texas, California, Montana, Ohio, Massachusetts, and Colorado.

Next, you will have to prove you were driving under ideal conditions and
were not posing a threat to anyone on the road.

Ideal Conditions:

1. Dry Road
2. Clear Visibility
3. Light Traffic
4. No Schools or Parks in the Immediate Area
6. Were Not Grossly Exceeding the Limit

EXAMPLE Its a warm, dry and sunny day in your city. The sky is clear and
visibility is at a maximum. Youre traveling on the highway to Sunday church.
Right before you reach your exit, you get pulled over for speeding. The
officer says you were doing 75 mph in a 65 mph zone and gives you a ticket.
If your jurisdiction or state has a presumed speed law, you could easily
have this ticket dismissed in court.
Because all four conditions have been met:

1. Road conditions favorable (dry and sunny day)

2. Weather conditions favorable (sky clear and no rain or snow)

- 142 -

3. No pedestrians (traveling on highway)

4. Actual speed favorable (only exceeded a 65 mph limit by 9
mph)

5. Plus you have a bonus; the fact that it was Sunday morning
also shows that traffic was light at the time
(I might also point out that all of the above conditions don't necessarily have
to be met to legally speed, but the more the better.)
The above example gives you a good idea of what type of conditions must be
met in order for your defense to work in court. Now would be a good idea to
take pictures of the general area and roads to show how dry and clear
conditions were.
If you can prove some or all of the above factors, you may convince the
judge you were in fact conforming to the law. Look at your speeding ticket
and see what the officer has written down as for visibility, weather, traffic
and location.

See if it suggests ideal conditions were present that day.

After the officer gives his testimony, start with this line of questioning:

DEFENDANT - Officer, to the best of your knowledge, can you describe the
weather conditions that day?

OFFICER - Well, as I can remember it, it was a bright sunny day.

DEFENDANT - Were the roads wet?

OFFICER - No.

DEFENDANT - How about the traffic that day?

OFFICER - It was pretty light at the time I stopped you.

DEFENDANT - Were there any children, students, or bystanders anywhere
in the vicinity?

OFFICER - No, you were stopped on the highway.

DEFENDANT - Your Honor, the officer has just testified that the roads
were dry, traffic was light, the visibility was clear and there were no
children or bystanders in the immediate area. Plus, I was clocked
going only 10 mph over the limit. Based on the presumed speed limit

- 143 -
code VC - 88796 (or whatever it is - check with your local law library or the
internet), this puts my driving at an acceptable speed in the eyes of
the law and I motion for a dismissal.

Before using this line of defense, it's important that you were not clocked
traveling at a high rate of speed. Only use this defense if ideal conditions
were present and you weren't traveling more than 10 to 15 mph over the
limit.

- 144 -
Visual Estimation Defense

If you are in court defending yourself against a ticket that was issued based
solely on the officers visual estimation (no speed device used), this should
be a very easy case to win.

Although rare, some officers will resort to this method of speed capture,
especially if they are outside their vehicles. I like to call it guesstimation.

In this instance, the officer is determining your speed by using his experience
and intuition. In other words, hes guessing.

What you will want to do is grab a pencil and hold it out about shoulder
height. Release the pencil and allow it to fall on the floor. Then, look at the
officer with a straight face and ask him how fast the pencil was traveling on
its way to the floor.

If he says he doesnt know, I would motion the court for a dismissal:

DEFENSE Your Honor, the officer judged my speed by simple
estimation. However, he is unable to estimate how fast this pencil
was traveling. It is obvious that if he can measure the speed of a car,
he should have easily estimated how fast this pencil was traveling. If
he is unable to estimate the speed of this pencil, how can he measure
the speed of a moving vehicle? I motion for a dismissal.

If by chance the officer bravely attempts to estimate the speed of the pencil,
make sure his estimation is between 12 and 13 mph.

All objects travel at the same speed regardless of their weight. Depending on
how tall you are, this speed is on average 12.5 mph, from a height of about
5 feet.

- 145 -
MUTCD Defense

I suppose you can say I saved the best defense for last. This is the infamous
MUTCD defense that every cop, traffic court judge and prosecutor absolutely
hate.

This defense works in every state, but it is exceptionally useful in states
which have decriminalized speeding tickets. In these states the standard of
proof is by preponderance of the evidence which also means you sometimes
will be denied your lawful rights to contest the evidence against you.

If the officer on the stand says you were speeding in one of these states,
then in the eyes of the judge. you are guilty. End of case.

My suggestion to you is to first contest the evidence using the previous
defenses. If they stop you from doing so, I would continue with this defense.

The wonderful thing about this defense is that you will not be contesting any
of the evidence against you. I dont care if the prosecutor has piles and piles
of documents to prove your guilt, they will mean absolutely nothing when
you are through implementing this strategy.

In essence what you will prove to the court is that all of their evidence along
with the officers testimony are without merit because you are going to easily
show that the officer never had any legal authority to conduct speed
enforcement on the particular highway or stretch of road you were allegedly
caught speeding.

The previous defenses I have given are definitely good ones and anyone
(regardless of which state they are in) that uses them properly can win their
case. However, it is with this particular defense that I can almost assure you
will win.

Heres how it works.

Speed Survey

Before any police officer in any state in this country can perform speed
enforcement (whether it be radar or laser), the highway or road must first
have a speed survey conducted. This speed survey may go under a different
name in different areas of the country. Some call it an engineering survey,
speed study, or engineering study.

Whatever it may be called in your neck of the woods, its purpose remains the
same. It is a federally mandated procedure which determines the proper

- 146 -
speed limits to place on roads. Without this survey being conducted on every
publicly traveled road (only exceptions are MAXIMUM state speed limits), no
law enforcement agency has the right to perform any speed enforcement on
that particular road.

This is specifically mandated in the Manual of Uniform Traffic Control
Devices (MUTCD). This particular manual will be your best friend in court.
It literally dictates to every state in the country what should and shouldnt be
done when it comes to traffic issues.

The MUTCD is the national standard for all traffic control devices installed on
any publicly traveled street or highway in the country.

Note that the MUTCD is a federal document and supersedes any and all
traffic control manuals that individual states may have in effect. It is the top
dog and no other manual can come before it.

Why the MUTCD is So Important

This defense strategy is based solely on what is contained in the MUTCD. If
the MUTCD says that something must be done before something else can be
done, then it should be done. There are no other alternatives.

One of the most important mandates contained inside the MUTCD that we
will use in our defense is the fact that a traffic and engineering study must be
performed BEFORE any police officer can use traffic enforcement. If that
survey was not conducted or not according to the MUTCD rules, then the
police officer has absolutely no rights under the law to perform speed
enforcement on that particular street.

Heres the exact wording taken directly from the manual itself. Excerpts
taken from the MUTCD 2003 Edition (latest edition):

Page I-1
Introduction (Paragraph 2)
The Manual on Uniform Traffic Control Devices (MUTCD) is incorporated by
reference in 23 Code of Federal Regulations (CFR), Part 655, Subpart F and
shall be recognized as the national standard for traffic control devices on all
public roads open to public travel in accordance with 23 U.S.C. 109(d) and
402(a).

Section 1A.09
Engineering Study and Engineering Judgment
The decision to use a particular device at a particular location shall be made
on the basis of either an engineering study or engineering judgment.

Jurisdictions with responsibility for traffic control that do not have engineers

- 147 -
on their staffs should seek engineering assistance from others, such as the
state transportation agency, their county, a nearby large city, or a traffic
engineering consultant.

Translation:
The first sentence says that an engineer must conduct the traffic survey. The
second sentence says that if a city does not have an engineer then they are
not exempt from using one. They must hire one from a nearby city or from a
state transportation agency.

This will be your basis for the attack.

Section 1A.07
Responsibility From Traffic Control Devices
23 CFR 655.603 adopts the Manual on Uniform Traffic Control Devices as the
national standard for all traffic control devices installed on any street,
highway, or bicycle trail open to the public. When a state or other Federal
agency manual or supplement is required, that manual or supplement shall
be in substantial conformance with the Manual on Uniform Traffic Control
Devices.

Translation:
This says that no state can make up their own manual. If they do, it has to
conform exactly to what is inside the MUTCD. No exceptions!

Page I-3
Introduction
Standard #2 Guidance A statement of recommended, but not mandatory,
practice in typical situations, with deviations allowed if engineering judgment
or engineering study indicates the deviation to be appropriate.

Translation:
This says that while not everything in the MUTCD Manual is mandatory, it will
have to be proven by way of an engineering study why a state or local city
chooses not to conform to the rules. Simply not doing something because of
specific conditions that may exist is not enough. They have to have an
engineering study proving that their way is better.

So, if the judge or prosecutor says that specific conditions existed at the time
that allowed the city to do something a different way, then you should ask
for an engineering study that proves so. Failure to produce this study is
immediate grounds for a dismissal.

It is essential the speed survey was done. If it wasnt (or if it wasnt done
according to the law) you should have no problem dismissing your case,
regardless of where you live.

Have you ever wondered where speed limits come from? I mean, who

- 148 -
determines the exact limit to put and how do they come to this conclusion?

Well, thats the whole idea of the speed survey. It is an engineering study
(carried out by licensed engineers) which follows a stringent procedure to
determine what would be the safest speed for vehicles to travel on a
particular highway or publicly traveled street.

Heres what they do:

First, an ideal location is chosen on the street or highway to begin the
survey. Second, surveillance on the side of the road is set up. This can be
either a police officer or engineer with a radar gun or what is called a radar
trailer. Lastly, a speed measurement of about 100 cars is carried out.
Afterwards, they will take the average speed that 85 of these cars were
traveling and create a speed limit based on this average speed.

This is essentially what is called the 85
th
Percentile. It is the standard in
traffic engineering.

Ideally, this is how a speed survey is conducted and only after this has been
done can a police officer begin speed enforcement on that road. And this
survey must be done every 5 years if the road has had any major changes.
So if the road has had significant changes and no new survey has been
conducted, it is as if a speed survey was never done and no police officer has
the right to perform speed enforcement until a new survey is conducted.

Your first mission is to get a copy of the speed survey for the particular
stretch of road you were caught speeding.

Where to Get the Survey

There are actually a number of places (depending on how big the city is you
were caught speeding) to find your speed survey. The first place you should
consider looking is at your local Department of Transportation (DOT). First
call them up (by looking in the phonebook under DOT) and ask them if they
carry speed surveys. Sometimes looking under DOT wont work. Instead,
look under the first letter of your state plus DOT. In other words, if you are
in Ohio, you would look under ODOT. In California, CDOT and so on.

If its available, take a drive up there and obtain a copy (there may be a
small fee for this, but it is minimal and well worth it).

If you cant find it there, or you cant seem to get into contact with your local
DOT office, consider going to your city hall and asking for the engineering
department. You can almost always find it there.

The last place to check would be at a highway patrol station or your local

- 149 -
police station closest to where you were pulled over.

Very Important: If anyone tells you there is no survey for the
location, make sure you get that in writing. If a DOT employee
tells you this, get their name and take a trip down there. Ask for
this person and ask for a letter stating that no speed survey is
available for the location you are interested in. Make sure it is
on DOT letterhead. The judge will accept nothing less.

Occasionally you will find that someone will tell you that no speed survey
exists for your road. DO NOT take their word for it. Get names, titles and
have them make it official by putting it in writing.

If a speed survey does exist, but you are denied access to it, then this is
illegal. It is illegal because a speed survey is considered a matter of public
record and you have every right to obtain a copy.

The Freedom of Information Act (FOIA) guarantees your rights to access of
this type of document. They may say the speed survey is an exception to the
rule. Hogwash! It is not.

You are a tax paying citizen with every right to obtain this document and if
you are denied access to it, this is not only illegal, but it carries a minimum
$1,000 fine to any organization that denies you access. No state is exempt
from the FOIA. They MUST give you a copy of the speed survey.

Whats on a Speed Survey?

1. Date Actual date the survey was conducted.

2. Survey Type Pre, Post, or Other (one will be circled)

3. Location ex. 1500 block of Ridge Rd.

4. Weather Sunny, cloudy, partly cloudy, etc.

5. Time Time of survey for segment of roadway (ex. 9:00AM to 11:00AM)

6. Time If doing survey in the same location but different direction of
travel.

7. Posted Speed Limit Numerical posted speed limit.

8. Construction/ School Zone/ NA One will be circled.

- 150 -
9. Direction of Travel North, East, South, or West (One will be circled)

10. Number of Vehicles Surveyed

11. Person Surveying Name of person conducting the survey and title.

12. Compliance Total Total number of vehicles in compliance with posted
limit.

13. Agency The agencys name
14. Percent Compliance Record of percentage in compliance by dividing the
total number of vehicles into the total number of vehicles in compliance to
obtain the percentage in compliance.
15. Speed Measuring Device Used Radar, Laser, etc.
How They Cheat

Since the whole purpose of the speed survey is to establish an average safe
speed for everyone to travel, this would in turn hurt many cities which
depend on abnormally low speed limits to supply their revenue.

But, the sneaky underhanded arms of the law have developed unique ways
to conduct the speed survey and still manage to create low speed limits. The
lower the speed limit, the more likely you are to exceed the speed limit. This
is what they are after. The following is a list of what they do:

The Use of Speed Trailers with Your Speed Clearly Posted
Ever noticed those speed trailers on the side of the road (like the one in the
picture)? Well, if you ever see one of these then it is safe to assume that
they are conducting a speed survey on that road. This is the most common
way that a speed survey is conducted.

But, there is actually something very
sneaky going on here. If you notice,
the speed trailer displays your speed
in very large numbering. Do you
know why they do this? Its actually
a very shrewd way to abuse the
system and not be in violation of the
MUTCD rules.

What does everyone do when they
see this speed trailer with their speed clearly displayed in very large
numbering? Of course, they slow down. And by slowing down, the city
succeeds in creating abnormally low speed survey results.

- 151 -

Most people upon seeing this speed trailer will slow down by several mph. In
doing so, they will also lower the average speed on that street. This will allow
the city to justify putting lower than normal speed limits. After all, they are
going by what the average speed is on that street.

Lets say the speed limit on the street is 35 mph. Lets also say you are
traveling at 37 mph. When you see your radar reading you will automatically
reduce your speed to about 30 mph. This will in turn substantially lower the
85
th
percentile for that street. The lower speed will make its way to the
engineers calculations and you will have unknowingly contributed to falsely
lowering the speed limit.

But, if your speed was not displayed, chances are good that you would
continue to drive your normal speed and not give it a second thought.

Conducting Surveys Near Curves
Another way that city engineers can manipulate the system is by conducting
the speed survey before, during, or right after a curve in the road. By doing
so, they succeed in falsely lowering the average speed (85
th
percentile) on
that road.

Everyone slows down for curves. Its common sense. So, they will set up a
speed survey right by a curve in the road while everyone is slowing down an
average of 10 mph lower then they would immediately after the curve. So,
instead of a valid 35 mph speed limit, the survey will show the speed limit
should be 25 mph.

Conducted Near Intersections
Conducting a speed survey within 100 yards of an intersection is another
popular form of deception from the traffic engineers. By doing so, they are
assured that at least half of the 100 or so cars being surveyed will be
traveling slower than normal because they were either slowing down for a
red light or gradually speeding up after the light turns green. Again, creating
a substantially low 85
th
percentile.

Conducting Surveys Near Hills
Hills are another favorite place to lower speed survey results. Normally what
they will do is set up the speed survey on the upward slope of the hill. Most
cars are not going too fast up a hill. As a result the average speed of the
vehicles is once again lowered. However, most of the speed enforcement is
on the opposite side (downward slope) of the hill where most if not every car
will succumb to the basic laws of physics and speed up. Yup, you guessed
it. this is a speed trap!

Conducting Surveys At Certain Times of the Day
Many roads and highways can become extremely congested during certain

- 152 -
times of the day. Be on the lookout for a survey conducted during morning
and evening rush hour. Traffic is normally slower during these times which
also give abnormally low 85
th
percentiles.

Within 5 MPH
After the survey has been conducted, whatever average speed was derived,
the speed limit must be within 5mph. If the 85
th
percentile was 37 mph for
instance, then the MUTCD has regulated that the city must use a speed limit
within 5 mph. However, you will almost always find that your speed limit is
not within this mandatory 5 mph range. This is illegal and grounds for an
immediate dismissal.

Heres what the MUTCD 2003 Edition has to say about this:

Section 2B.13
Speed Limit Sign
When a speed limit is to be posted, it should be within 5 mph of the
85
th
Percentile speed of free flowing traffic.

What to Look For

Your main objective is to find discrepancies in the speed survey. If any of the
above has taken place, you have a strong argument that your survey is, from
an engineering standpoint, flawed and not accurate as required by the
MUTCD.

One last thing you should pay particular attention to is the signature on the
survey. It must be from a licensed engineer. No one else will do.

The MUTCD says that only qualified licensed engineers can conduct the
survey or at the very least oversee the operation. However, its been my
experience that at least 60% of all surveys in this country are not conducted
or supervised by a licensed engineer.

Engineers are not cheap so to offset the cost of hiring one, you will find that
many surveys are conducted by someone other than a licensed engineer.
This person can be a police officer or DOT employee. Technically, these
people are allowed to conduct the survey, but they must be supervised by a
licensed engineer. DOT employees are the same people you see working on
the roads as construction workers. They are not engineers and are not
allowed to conduct the survey on their own.

If anyone other than a licensed engineer has signed the survey, this is
definitely grounds for an immediate dismissal.

- 153 -

Court Time

Okay, youve got your survey and now you are in court. The fact that you
have done your homework and obtained a copy (and hopefully evaluated it
for any discrepancies) puts you way ahead of the game.

I would venture to say that at least 95% of the time the officer or
prosecutor will not bring a copy with them. They dont bring it because they
dont think they need it. However, you are going to make them wish they did
have it.

The following is a sample of how I would go about questioning the officer.
You may use my questions word for word or change them around a bit to
better suit your situation.

DEFENDANT Officer, do you know if a speed survey was conducted on the
particular stretch of road I was allegedly caught speeding?

If he says he doesnt know or if hes not sure, I would motion for a dismissal:

DEFENDANT Your Honor, the federal government has mandated
that all federally funded streets and highways in this country must
have a speed survey conducted before any officer of the law can
perform speed enforcement on it. The officer has just testified that
he does not know whether or not this survey was in fact conducted.
Unless he can provide evidence to prove that it was, I motion for a
dismissal.

If the judge asks where does the federal government say this, I would say:

(Important: Write it down and read it word-for-word)

DEFENDANT Your Honor, the Federal Highway Administration publishes a
manual called the MUTCD. The MUTCD is adopted by reference in accordance
with title 23, United States Code Section 109(d) and Title 23, Code of Federal
Regulations, Part 655.603 and is approved as the national standard for
designing, applying, and planning traffic control devices which includes speed
limits.

If the officer says that it has been surveyed

DEFENDANT Then would you submit this survey to the court, Mr. Officer?

If he doesnt have it, motion for a dismissal (same as above).

If he does have it (very rare), I would continue as follows:

- 154 -

Remember, you already obtained a copy of yours so you know whats on it.
Now, your main objective is to attack the numerous discrepancies that can
occur. By having examined your copy beforehand, you already know of any
discrepancies and should start your line of attack with the biggest ones.

But, before you begin, make sure the speed survey is an original and for the
same stretch of road you were caught speeding. Remember that speed
surveys are conducted in certain blocks of addresses. If the officer submits a
speed survey for the 2000 block of Ridge Rd. but you were clocked on the
1000 block of Ridge Rd., I would motion for a dismissal.

But, you must first ask to see it. I would check to make sure that it is in fact
for the same stretch of road you were caught speeding. If it is, hand it back
to the officer.

- 155 -

Discrepancy Defenses

No Licensed Engineer:

DEFENDANT - Officer, is it true that a licensed engineer must conduct or at
least supervise the survey?

OFFICER Yes.

Now I would motion for a dismissal:

DEFENDANT Your Honor, the MUTCD has mandated that a licensed
engineer must conduct or at the very least supervise the survey. This
survey the officer has submitted was not signed by a licensed
engineer making this survey invalid. I motion for a dismissal.

Not Within 5 MPH:

DEFENDANT Your Honor, I would like to read to you what the
MUTCD has to say regarding the 85
th
percentile speed of the speed
survey. On page 2B-10 section 2B.13 the MUTCD states as follows:
The posted speed limit shall be in accordance with the engineering
study and shall be posted within 5 mph of the 85
th
percentile speed
of free flowing traffic. This survey that has been supplied shows the
85
th
percentile speed as being 37 mph, however the posted speed
limit is 30 mph. This is in violation of the MUTCD rules and the posted
speed limit is currently flawed and inaccurate. I motion for a
dismissal.

Survey Was Done Near a Curve, Hill, Stop Sign, or
Intersection:

Note: Most surveys do not give the specific location where the survey was
conducted. Instead, a general area like the 1500 block of Ridge Rd. is
usually the location given. First you will want to check to see if there is a
curve, hill, stop sign, intersection, or anything else that can substantially
slow down traffic. For our example, well say there is a curve in the road.

DEFENDANT Officer, this survey was conducted in the 1500 block of Ridge
Rd. correct?

OFFICER Yes.

DEFENDANT Is there a curve in the road in this general area that you
know of?

- 156 -

OFFICER Actually there is.

Note: If he is not sure or he says there is not, it may be a wise idea to take
a picture of the curve and bring it with you to court.

DEFENDANT Would you say that traffic generally slows down when going
through the curve?

OFFICER Sure.

DEFENDANT Officer, is it possible that the speed survey, since it was
conducted in the 1500 block of Ridge Rd. where the curve is situated was
actually conducted before, during, or immediately after the curve?

Now, the officer may say yes, maybe, or no. But more than likely since it is a
definite possibility and the officer does not have first hand knowledge of it
not being conducted by the curve, he will say yes.

OFFICER Sure, I guess.

Now I would motion for a dismissal:

DEFENDANT Your Honor, the whole purpose of the speed survey is
to establish a relative speed that is both safe and fair for the driving
public. This means that in order for the survey to be deemed as
accurate, the survey must not have been conducted near areas that
would tarnish the speed surveys results by giving a falsely low 85
th

percentile. The 1500 block of Ridge Rd. does have a curve in it. The
officer has just testified that it is quite possible the survey was
conducted near the curve which in itself could very well give a falsely
low 85
th
percentile since all vehicles going through the curve would
have substantially lowered their speeds. Unless the officer can prove
this did not occur, I motion for a dismissal.

On the other hand, the officer could say that it is not possible for the speed
survey to have been conducted near the curve.

OFFICER No, the survey could not have been conducted near the curve.

DEFENDANT How do you know this?

OFFICER I dont, but Im assuming that the engineer would know better.

DEFENDANT Mr. Officer, Im not asking you for your speculations or
beliefs. Do you have first hand knowledge that this survey was not conducted
near the curve?

- 157 -
OFFICER No I do not. (The only answer he can give.)

Now I would motion for a dismissal similar to above.

You can continue with any other discrepancies on the speed survey.
Formulate a defense by using the previous pointers. The possibilities are
endless.

IMPORTANT POINTS TO REMEMBER

The Judge May Not Know of the MUTCD Manual:

Believe it or not, many traffic court judges do not know of the MUTCD. When
you give reference to it and they are not familiar with it, no judge will admit
ignorance to the fact they do not know of this federal manual. Ive given you
the address of the MUTCD 2003 Edition for your reading pleasure, but it is
not necessary to copy and bring it with you to court. You can if you like, but
it is totally up to you. Simply giving reference to it in court will suffice in
backing up your defense strategy.

The Judge, Police Officer or Prosecutor May Say the
Road You were Clocked Speeding is Exempt from the
MUTCD Rules and Regulations:

Occasionally you may find that a hard nosed judge or prosecutor will tell you
the MUTCD is not applicable for your case and as such, no speed survey need
be conducted. Or they may say something to the effect that they go by their
state manual instead.

First, I would mention the MUTCD is a federal document that supersedes any
local or state manuals. Next, I would tell them the MUTCD states that ALL
publicly traveled roads must have a speed survey conducted. The only
possible exception is a road with the states MAXIMUM speed limit (65 or 70
mph). Or a road that is not a through street (this type of road does not need
a speed survey because of the lack of traffic. An example would be a cul de
sac.)

Heres an example of what I would say:

Your Honor, the MUTCD is a federal manual that no state is exempt
from using. It supersedes any and all state or local traffic manuals.
The MUTCD does not distinguish between roads and specifies that
ALL publicly traveled highways and streets must have a speed survey
conducted. Its written in very plain English. Why the prosecutor (or
police officer) says the road I was allegedly clocked speeding is
exempt from the survey is beyond me and totally false.

- 158 -

You Ask For the Speed Survey and the Judge or
Prosecutor Tell You the Officer Is Not Required to
Bring It:

Okay, here we have a very important issue. Technically speaking, the officer
doesnt really have to bring the survey to court with him because it is not
actual evidence to the crime youve committed. It is not the same as
asking him for the radar calibrations. The radar calibration is actual evidence
against you and should be brought to court. Its the foundation for the radar
guns accuracy.

However, the speed survey is not actual evidence.

This is why you should bring your copy with you. When the judge says the
officer doesnt have to bring the speed survey to court, I would just mention
to him that you have brought your own.

Also, in this instance it may be a good idea to petition or subpoena the speed
survey. This is an exception to what Ive been telling you all along. You DO
NOT want to subpoena the radar guns calibration records because it is
evidence against you and the prosecutor or officer should bring those without
any subpoenas.

However, it might be in your best interest to subpoena the speed survey.
This way when you ask for it and they do not have it, this will allow you to be
granted an immediate dismissal.

Contact the court clerk for the correct form to use when subpoenaing the
speed survey. Tell him/her you want to make a subpoena duces tecum
(pronounced dookis takem). Just make sure you mail it by registered mail
(so they can sign for receiving it) and bring a copy of it with you to court so
that you can show the judge that you did in fact do it.

The wonderful thing about subpoenaing the survey is the very likely chance
they will still fail to bring it to court. If they do, you should be granted a
dismissal.

If You Were Refused a Copy of the Speed Survey:

This will only happen with a few of you. If you go to court empty handed, you
dont have much recourse in this type of situation. Heres what I would tell
the judge after the officer has finished with his testimony:

Your Honor, my repeated attempts to receive a copy of the speed
survey for the street I was allegedly accused of speeding on have
been denied. I went to the Department of Transportation (or wherever

- 159 -
you went to) and they told me I was not allowed to have a copy of the
speed survey. This is in direct violation of the Freedom of
Information Act and I have filed a complaint. The speed survey is an
essential piece to my defense and without it I am unable to
reasonably defend myself. I ask that this court be continued to a
later date until I can get a copy of the speed survey.

Its essential that you did in fact file a complaint. No sense in lying in court.
To file a complaint visit the FOIA website at http://www.usdoj.gov/04foia/.
Bring the complaint document with you to court to show that you did in fact
file a complaint. This will give the judge more incentive to postpone the trial
to a later date.

If you would rather not postpone your trial, I would still go on with the trial
and ask the officer to present a copy of the speed survey. If he does not, I
would motion for a dismissal. If he does have it, I would motion for 5 to 10
minutes so that you can have time to look over it. Dont forget to mention
you were denied a copy, so that you will have good enough reason for the
delay.

Speed surveys arent that long and when you know what to look for it will
only take about ten minutes to find any discrepancies. Remember, almost all
speed surveys have at least one major discrepancy that will make it invalid.

- 160 -

PART 3

The Finale

- 161 -
Playing Unfairly

Evidence Concerning Testing and Calibration

Your biggest battle in the courtroom will be to challenge the accuracy
(testing and calibration) of the method used to clock your speed. You may
find the judge or prosecutor adamantly trying to deny your right at receiving
a fair trial by not allowing you to request the testing and calibration
documents.

If the judge or prosecutor says evidence regarding the testing or calibration
of the device used is not important and the officers testimony will suffice,
you should say.

Your Honor, higher courts have ruled that if brought up by the
defense the evidence regarding testing and calibration must be
proven. The states case against me is based on the fact that a
reliable method of speed detection was used to clock my speed. If
that is true, Im merely trying to get the state to prove the device
was accurate. The officers testimony says it was, but proper
foundation must be presented also, to prove with a legal degree of
certainty that it was accurate.

Subpoenaed Evidence

If the judge says you should have subpoenaed the prosecutions evidence
before your trial. This also includes the speed survey if you didnt subpoena
it.

You might say.......

Your Honor, if the prosecution wanted to prove their case against
me, these documents should have been brought to court. Building
proper foundation as to the evidence submitted is essential for the
prosecution to prove its case. Im sure the prosecutor knows this and
if these documents were not brought here today, its his fault and not
mine. Its not my job to tell the prosecutor what to bring to trial.

- 162 -
Submitting New Evidence

The prosecutor may attempt to submit new evidence after it has rested its
case.

If after the prosecution rests and you hear him say something like Your
honor, the state wishes to present ______ into evidence object
immediately!

Dont think the judge will prevent him from introducing new evidence,
because he wont. Remember, the judge and prosecutors are a team.

Object this way

Your Honor, the prosecution is attempting to submit new evidence
after it has rested its case. I object to any new evidence being
presented.

Now, bear in mind that states have different laws regarding the reopening of
a case so that the prosecutor may present more evidence. They all basically
say the same thing in that discretion ultimately lies with the judge if he will
allow the prosecution to reopen its case after resting.

However, there are some stipulations. In making his decision to reopen, the
judge should consider the following factors:

1. The timing of the motion.
2. The nature of the additional evidence.
3. The potential for prejudice to the defendant.

More than likely the prosecutor will not attempt to introduce more evidence
after resting its case, because if he had this evidence to begin with he would
have presented it in his case in chief.

However, if youre facing a prosecutor who, for one reason or another,
attempts to reopen his case to present more evidence, this is how I would
object:

Your Honor, this evidence is an essential piece to the prosecutions
case. It is my opinion that such crucial evidence should have been
presented in the prosecutions case in chief. I feel that I will be
prejudiced if you allow the prosecution to reopen its case to present
this evidence and wholly object.

- 163 -
More Time for the Prosecution

If the prosecutor requests more time or a continuance to get the evidence
you are requesting, OBJECT IMMEDIATELY!

You might say.

Your Honor, if the prosecutor has come to trial unprepared then it
is his own fault. I have come to trial prepared and ready to defend
myself and I truly expected the same professionalism from the
prosecutor. The prosecutor has had weeks to prepare and I object to
any more time being given and ask that the trial proceed.

Line of Questioning

If the prosecutor feels your cross examination of its star witness is damaging
his case against you, he may attempt to halt your efforts. He may try to
throw you off your rhythm.

One way to do this is to make objections towards your line of questioning. If
the prosecutor objects to the way you are asking questions, just tell the
judge you are sorry and you ask for a little leniency when it comes to your
legal knowledge.

Your Honor, I apologies if my line of questioning is unacceptable to
the court. I will try my best to rephrase my questions and ask the
court show a little leniency being that I am not an attorney.

You are a layman and your request will be granted. This should prevent the
prosecutor from making any further objections.

No Police Officer in Court

If the police officer fails to show up for court, your case should be dismissed.
If the prosecutor asks the judge to continue the trial to a later date Object
Immediately!

Your Honor, I have missed work and pay to be here today. I have
come prepared and ready to defend myself and had expected the
same level of professionalism from the prosecution. I object to any
more time being given to the prosecution. I should not be held to
suffer as a direct result of their actions. Since their star witness is
not present, I motion for a dismissal.

More than likely the judge will grant your request for a dismissal. Just
remember, if you dont object the judge will allow a continuance to the
prosecutor.

- 164 -
Objections & Leading
Questions

Objections

There may never come a time for you to object to anything during the trial.
However, the prosecution has never been known to play by the books and
just may do something that should be objected to by you.

Object to the following:

New Evidence
Object if the prosecution attempts to submit new evidence after it has
rested its case.

Eye Witness
Object if the prosecutor attempts to get someone to testify that was
not an eye witness to the alleged violation. This happens a lot with
photo radar devices.

No Witness
Object if the prosecution tries to obtain a continuance due to their star
witness (police officer) not being present.

Hearsay
Object if a witness is trying to testify on behalf of someone else. This
especially happens when the police officer testifies that someone else
calibrated the radar/laser gun.

More Time
Object if the prosecutor asks for more time to get the evidence you
are requesting.

Irrelevant
Object to anything not relevant to the case. If the officer or prosecutor
brings up your DMV record, it has absolutely nothing to do with this
trial and may make the judge biased when rendering his decision.

- 165 -
Speculation
Object if the officer or prosecutor says something they could not have
possibly known. If the officer testifies that you saw the speed limit, he
is testifying to something he cant prove. Dont allow him to speculate.

Objecting to the right thing at the right time can be very beneficial to your
case. You dont want the prosecution to win by cheating.

Inside the courtroom its only you that can keep the prosecution in line. The
judge will never prevent the prosecution from doing something unless you
bring it up.

Objecting is your right, but dont over do it. Only object if the previous
examples warrant it. Objecting too much will slow down the trial and hurt
your case.

Only object if you have a valid reason to. Otherwise, keep quiet and let the
trial proceed.

- 166 -
Leading Questions

When someone is asking a leading question, they are doing so with the intent
to get a specific answer. This is generally not allowed in court. Often times a
leading question will have part of the answer in it.

For example....

Leading:
Did you tell the defendant to stop?

Not Leading:
What did you tell the defendant to do?

The way you phrase a question may not be too much of an issue, because
the judge knows you are not an attorney.

If you notice the prosecution asking leading questions, dont object to them.
They wont be damaging to your case. Allow the prosecutor to ask any
question any way he likes. In the end, Beat the System will prevail.

Remember one important fact. While cross examining a witness, the one
cross examining is allowed to ask leading questions. It is only during direct
examination (when the prosecutor is asking the officer questions) that asking
leading questions is not allowed.

If while cross examining the police officer, the prosecutor objects to your line
of questioning (leading questions) just tell the judge you are allowed to ask
leading questions during cross examination. This should make the prosecutor
back off a bit.

- 167 -
Trial With No Prosecutor

Some of you will be heading to court without a prosecutor present. This is
especially true in states which have decriminalized speeding tickets. Yes, it is
legal, but totally unfair.

It is unfair because the 14
th
Amendment has guaranteed our rights of due
process of the law. The fact that no prosecutor is present to represent the
states case is going against our rights to a fair trial.

Many times this is purposely done to save money. With prosecutors getting
as much as $25 or more per case, it becomes a lucrative option for the
courts not to hire a prosecutor.

There are many benefits to having a trial with a prosecutor present. The
most important of these benefits is having a sort of middleman between the
judge and the police officer. This will prevent the judge from acting as a
prosecutor and judge simultaneously.

It is against the law for the judge to hold a double position and act as
prosecutor and judge. Several federal cases forbid a judge from acting as a
prosecutor.

Many defendants who dont know any better are easily convicted in trials
where there is no prosecutor. It is up to you to keep the courts at bay and
prevent them from having their way. The more you can disrupt their usual
course of handling business, the more likely you can have your case
dismissed.

As soon as your case is called, look around the courtroom as if you are
confused and ask the judge who will be representing the peoples case. When
he says there is no prosecutor representing the peoples case, I would object
immediately:

Your Honor, I object. The state is without proper counsel which
violates my rights under the 14
th
Amendment of the constitution to a
fair trial under due process of the law. I motion to have this case
dismissed.

If the judge denies the motion, I would then ask him how can the case
continue with the states lack of proper counsel?

Now, you may receive a number of answers from the judge. Here are the
most common:

- 168 -
If the judge decides that he will act as the prosecutor in this case, I would
OBJECT:

Your Honor, with all due respect, it is unconstitutional for you to act
as judge and prosecutor. You sole purpose is to act as a neutral and
unbiased figure in the courtroom and you can not accomplish this by
taking a double position as a judge and prosecutor. I motion for a
dismissal.

If motion denied.

Your Honor, I ask that the record show my objection towards you
acting as prosecutor and judge. I also ask that this case be moved to
a higher court.

If he still denies your request, just go on with the trial. If you happen to lose,
you have a great chance for winning an appeal based on your objections.

If the judge says the officer will be acting as prosecutor, OBJECT:

Unless the officer holds a law degree and is allowed to practice law
in this state, I object to him acting as a prosecutor. He is the witness
against me and has not been hired to represent the states case.
Besides, if he will be acting as prosecutor, he can not call himself to
the witness stand and can not direct examine himself. I motion for a
dismissal.

If your case is dismissed, then you can go home. If not you will have to
continue with the trial. But, by having made all of these objections, you now
have a better position in the courtroom as opposed to having made no
objections at all.

Helpful Tips:

If you are continuing the case without a prosecutor present, there are some
things you should keep in mind. The first thing you should remember is that
the police officer is a witness against you and technically can not enter
anything into evidence. If he does, OBJECT:

Your Honor, the officer is a witness in this court case and as such can
not enter anything into evidence. This procedure is to be handled by
a prosecutor. Since the state has chosen to continue this case
without a prosecutor, I object and ask that this evidence be
inadmissible.

Although the judge has the highest position in the courtroom, there are
certain things that he can and cant do.

- 169 -
What the Judge CAN Do
Ask you questions pertaining to the case
Present himself as a neutral unbiased figure in the courtroom
See to it that your rights are not violated

What the Judge CAN NOT Do:
Make any motions whatsoever
Make any objections whatsoever
Make any objections to your motions
Enter anything as evidence
Make opening and closing statements

If you find the judge doing anything he is not allowed by law to do, you
must object. If you dont, it will be perceived that you have no disagreement
with the way the judge is presenting himself and this will hurt your chances
at getting an appeal.

Its very important you do not lose your cool in a trial without a prosecutor
present. You will handle the case much like you would a case with a
prosecutor. However, it becomes very important you prevent the judge and
police officer from doing things they normally would not do if a prosecutor
were present.

Always make objections when they do something they are not allowed to do.
Even if your objections are overruled, it seriously hinders their normal course
of operation. By objecting, you are essentially letting the judge know you will
not be taken for a fool.

Its important to object immediately. If you go on with the trial with no
objections, it is assumed that you have no complaint about the way the trial
is being handled.

When you go to appeal, the appeal may not be accepted based on the fact
that you did not object in the first place.

If the judge or police officer does something they are not allowed by law to
do, but still continue to do so, a reversal upon appeal is almost guaranteed.

- 170 -
How To Get A New Trial

Lets say you are found guilty. Believe it or not (under certain circumstances)
you can receive a new trial (in front of a new judge) and a fresh start at
defending yourself.

It all depends on who found you guilty.

Earlier, I mentioned the person presiding over the case is a judge. However,
the judge can appoint one of three other people to fill in for him. If you get
found guilty by someone other than a real judge, you can have a whole
new case rescheduled in front of a real circuit court judge.

Many times due to lack of importance, time constraints or boredom judges
dont like to preside over insignificant traffic cases. Instead, they will appoint
someone much lower than them in stature.

This other person has the power to do much the same thing a real judge can
do. The following are some of the different people who can also preside over
a traffic court case:

Magistrate

A magistrate is considered a civil officer hired to help handle lower and less
important court cases where jail time is not an option. Usually he will serve a
four year term and can be reappointed.

He will try to act high and mighty while sitting on his throne.

But in all reality, most magistrates havent even stepped foot inside a law
school.
Magistrates have no power to take any action unless authority has been
expressly conferred by statute.
Magistrates have the following powers:
To issue arrest warrants.
To issue search warrants.
To admit to bail or commit to jail.
To issue warrants and subpoenas.
To issue civil warrants and pre-trial levies and seizures.
To administer oaths and take acknowledgements.
To act as a conservator of the peace.

- 171 -
To accept prepayment for traffic and certain minor misdemeanor
offenses.
To issue emergency custody orders.
To issue temporary mental detention orders.
To issue medical emergency custody and temporary detention orders.
To issue emergency protective orders.
To issue out of service orders.
As a general rule, magistrates may exercise their authority only within the
borders of their judicial district.
Justice of the Peace

A Justice of the Peace is usually appointed although in some states he can be
elected. Like the magistrate his term can be as much as four to five years.

Unlike the magistrate however, Justices of the Peace actually have to finish a
40 to 80 hour course within one year of being appointed or elected.
Therefore they have a little more education about the law than a magistrate.

Justices of the peace perform some or all of the following duties:
Issue subpoenas, summonses and warrants, including search warrants
Receive affidavits, declarations and affirmations
Administer oaths
Conduct bail hearings
Release defendants on judges orders and explain rights and
obligations
Hear evidence at trials on summary conviction offences and may
preside over trials of criminal offences at the discretion of the chief
judge of the jurisdiction or as provided for in federal, provincial or
territorial statutes
Perform civil marriages.
Commissioner

A commissioner is usually more educated on the law than a magistrate or
justice of the peace. They too are appointed to hear less severe court cases
(like traffic).

Before your trial, the one presiding over the case may be introduced as
either a circuit court judge, magistrate, justice of the peace or commissioner.
Its important for you to know this information.

- 172 -
In the event you get found guilty by anyone other than a real circuit court
judge, you have the right to appeal your case to be heard in front of a real
judge. They CAN NOT deny you this right.

It acts as a second chance for you to have a fresh new trial.

In the event the person presiding over the case is not introduced, simply ask
someone (lawyer or court clerk) who it is presiding over the case. If they say
anyone other than a circuit court judge, then you know that whatever ruling
is handed down, you have the legal right to have a new trial.

Just make sure you file an appeal that same day. There are time limitations
for filing an appeal, so its recommended that you file an appeal immediately!

After you get found guilty, heres what you should say.

Appeal: I appeal this courts decision and request a new trial as
required by law in front of a real circuit court judge.

- 173 -
Appealing

If after all your strong efforts to defend yourself, you still wind up with a
guilty judgment, all is not lost yet. You have a right to appeal your case to a
higher court.

If in fact the prosecution failed to submit crucial evidence pertaining to their
case and the judge still found you guilty, a higher court can overthrow the
judges decision.

There are some pros and cons to filing for an appeal. You will want to
consider them before you carry out the appeal process.

If you feel you were treated unfairly and the judge did not grant a dismissal
when he should have, filing an appeal may be the right choice.

PROS:
Suspend all action against you until the verdict from the higher court is
given.

Guaranteed to win if you have a good case. The word if is a very big
if. If reasonable doubt was clearly established by you during the trial
(in a criminal case), an appellate court should reverse the original
verdict or at least give you a new trial.

CONS:
Deals with too many confusing legal procedures, so often times the
services of a lawyer must be hired.

Must pay a fee.

Lengthy process.

Lawyers dont come cheap, so you will want to weigh your options
considerably. Generally speaking, if were talking about your first speeding
ticket in a few years, it may be wise to just accept it as an unfair loss and get
on with your life. Its not worth the trouble and expense to file an appeal
under this circumstance.

If your license is at stake, youre accumulating too many points, or jail time
is a possibility, you just may want to continue on with the appeal. Consider it
a last chance effort. Only file for an appeal if you have a good chance of
winning. No sense in spending time and money on a winless case.

If you are planning on going through with the appeal, you had better do it

- 174 -
quick. There is a statute of limitation on filing for an appeal, which means
you only have so long to file for it.

The exact time is different across the country. In some places its 10 days
and others its 30 days. The best way to find out is to ask the judge how long
you have. Hell be glad to tell you.

And go to the clerks office for the proper documentation and procedures.

The following should help you some more:

An appeal is not a retrial and you will not be permitted to introduce
new evidence.

You must file your Notice of Appeal with the clerk of the trial clerk
(usually within 30 calendar days after the rendition of the judgment).

In some states, you must prepare a proposed statement to provide a
complete record on appeal. The proposed statement usually contains:

1. Grounds of an appeal a statement of the legal errors you
believe were committed.

2. An official transcript or a statement of the evidence or trial
procedures relevant to each of your grounds of appeal. If your
trial was recorded, you may receive a copy of the recording. In
some counties, a certified transcript of a trial may be available.

Depending on where you live, the filing of an appeal does not postpone
the payment of your fine or any other condition of the sentence. But
then again in some states it does.

If you decide not to go through with the appeal you must file what in
some places is called an Abandonment of Appeal.

Bear in mind the preceding information is by no means conclusive for all 50
states. Each state has its own procedures for filing an appeal. You should
consult with the court clerk for more state specific information.

- 175 -
Traffic School

Almost every state allows a person ticketed for some types of moving
violations to attend a 6-to-8 hour course in traffic safety in exchange for
having the ticket officially wiped from their record. Often attending traffic
school is your best choice, even if you think you have a watertight defense.
After all, while a trial is always something of a gamble, traffic school is 100%
reliable in keeping the violation off your record. (As long as you remember to
set your alarm clock, of course, and make it to the class.)
Policies on allowing you to eliminate a ticket from your record by going to
traffic school vary from state to state. (They can also occasionally vary within
a state, where local courts have some discretion to set their own policies.)
For example, in some states you can attend traffic school once a year, while
in others you must wait 18 to 24 months before you can eliminate a new
ticket with a new trip to traffic school. And in some states, you arent eligible
for traffic school if youre ticketed for exceeding the speed limit by more than
15 or 20 miles per hour.
Procedures for getting into traffic school also vary from place to place. Most
courts allow you to sign up through the court clerk, but a few require that
you appear before a judge to make your request. How a traffic school
attendees ticket is handled is also different in different areas.
For example, in some states, courts dismiss your case when proof is received
that youve completed traffic school. In other states, courts require you to
pay your fine (forfeit bail) with the understanding that the conviction will not
be placed on your record if you complete traffic school by a prearranged
deadline. Under this system you must pay twice once for the fine and again
for the school.
In brief outline, for those who are eligible, the advantages of attending traffic
school are as follows:
As long as you show up, its normally a 100% sure way to keep a
violation off your record.
It reduces the possibility of your license being lifted or your insurance
rates going up if you get new tickets, and

- 176 -
If you pay attention, your driving skills may improve. (Or you may be
so bored that you will drive more safely to avoid another day in traffic
school.)
The disadvantages of traffic school include:
It typically lasts six to eight hours.
In many areas it is expensive. This is especially true if you are in a
state where you must pay for traffic school plus the fine for the ticket.
In some states, you can go to traffic school only once every 12 to 18
months. If you can beat this ticket, you can save the school option just
in case you get a tougher ticket later on.
In some states, erasing a ticket through traffic school may be accomplished
while sitting at home. For example, California is just one of a number of
states where traffic courts authorize Internet-based traffic schools (they use
tests and other devices to be sure you are paying attention).
This trend is almost sure to spread. But be sure to check with the court in
your particular area to make sure that an Internet-based program is
acceptable.
Do not pay any money to the traffic school unless you are sure the court
accepts that particular schools program.

- 177 -
Closing Argument

Odds are, if you are using Beat the System to beat your ticket, you will never
have to make a closing argument. Your case will be dismissed by then.
However, it's still a good plan to have an idea of how to create one just in
case.

It would be virtually impossible for me to write a closing argument for all to
follow. Everyones particular situation is different. Write your own closing
argument using the following pointers:

1. Make it concise and to the point.

2. Mention that the states star witness has failed to submit
crucial documents to make his case.

3. Mention that legal doubt has clearly been established.

4. Mention that the evidence against you has not clearly been
corroborated by the prosecution.

5. If you used the MUTCD Defense, mention that no speed
survey was conducted or if it was, that it had many
discrepancies.

Heres an example

Your Honor, the prosecution has brought a witness to testify as to my
guilt. The witnesses testimony is without credibility in the absence
of proof that I was traveling at 75 mph. I have requested certain
pieces of evidence from the witness to corroborate their testimony
and they have failed to produce any. The radar gun used to clock my
speed lacks proper foundation as to the accuracy of its workings at
the time I was clocked. Reasonable doubt has clearly been
established. I was not speeding and motion for a judgment of not
guilty.

Or if your trial is a civil matter:

Your Honor, the standard of proof in this trial is preponderance of the
evidence. I feel that all the evidence weighs in my favor as the
officer has failed to back up his testimony with hard physical
evidence as required by law. I have made numerous requests for
additional evidence to show that the officer did in fact comply with
the law when conducting his speed enforcement. He has failed to do

- 178 -
so and without this evidence we do not have convincing proof to a
legal degree of certainty as to my guilt. I was not speeding and I ask
that you give a judgment of Not Guilty.

Your closing argument doesnt have to be fancy, just list the relevant points
of your case that point towards your innocence.

What was presented as evidence, what was not presented as evidence, what
the officer said, didnt say, how the prosecutor conducted his case and a
whole assortment of other things will determine what your closing argument
will contain.

Yes, it is somewhat difficult to think of a closing argument on the spot. But,
the good news is that there is a 95% chance that you will not have to make a
closing argument.

By properly using the defense strategies in this book your case should be
dismissed during the early stages of the trial.

- 179 -
Conclusion

Stay Focused

When you are in the courtroom, don't get distracted. Only have Beat the
System on your mind. Clear out all outside influences and concentrate on
what you came to do.

You came to challenge the evidence against you. You are not here to
proclaim your innocence or accuse the officer of lying. Everyone in that
courtroom knows you are guilty of the violation against you, but you don't
care.

Unlike everyone else in the courtroom, you know it's the prosecution that will
have to PROVE you're guilty.

Study the Court

I advise you to sit in on a couple of court cases before your actual trial a few
days before, if you can find the time. It will give you a better understanding
of court procedures and how the prosecutor operates.

Pay attention to how the prosecutor presents his case and what the different
officers say while on the witness stand. Observe how the judge responds to
motions and objections. All of these things will be useful to you when you
build your case against them.

Take Your Time

Don't allow the courts to rush you. From their actions and stares it will be
obvious when the courts are insinuating for you to hurry up with your case.

Don't allow them to do that.

You have the right to take all the time you need (within reason) to present
your case efficiently. If the prosecution submits evidence and you need time
to review it, don't be afraid to do so. The judge can not deny you this right.

If you feel that you need a substantial amount of time to review documents,
ask the judge for a 5 minute recess. Motion to the judge to grant you a
recess so that you can properly examine the prosecutions evidence and
continue on with your defense.

- 180 -
Note Taking

You definitely don't want to walk into court without any notes. Good note
taking prior to the trial is necessary if you want to win your case. Use note
cards to write your questions on and as a guideline for how to respond to
different answers from the officer.

Youre allowed to directly read word-for-word from notes in court.

The cards should contain the exact questions you wish to ask during cross
examination and various motions for dismissal.

Not only that, you should know how to reply to different yes and no
answers from the officer.

Dont forget that you can also print the relevant pages directly from this book
and take them with you to court.

Do Your Homework

The key to winning your court case is preparation. The prosecutor will NOT
do much when it comes to gathering up his case against you. You, on the
other hand, should be doing the opposite.

It's your money we're talking about here. A couple hours of work will be
worth the effort, I promise you.

When you step into that courtroom, you must have the mental confidence
that you are going to walk out a winner. This confidence only exists when
you understand the full scope of what you have to do.

This is accomplished by practicing what you learn from this book.

Many will just read and think they understand the rules of Beat the System.
Come court time, they try to use the strategies and they lose their case.
They lose only because they didn't practice.

Use Your Own Defense Strategy

By now, you should have a pretty good idea of what it takes to beat your
speeding ticket. Keep your mind open to different and new possibilities. Use
the questions I have given you, or make up your own.

Remember, I am not a lawyer and am only giving you ideas of how one
might handle a traffic case. As long as you stay on the right path, contesting
the evidence, you should do just fine.

- 181 -
Well, there you have it. Everything you need to beat any speeding ticket that
comes your way.

Let the whole world know that speeding tickets don't have to be such a
nightmare.

Beat the System is more than just an informative book, it's a study course.
Study and relate to it.

Keep your mind open to newer and better possibilities. Use the questions I
have given or make up your own. If the situation calls for it, change some
things around to better fit your situation.

Traffic laws and courtroom procedures differ throughout the country.

But one thing that does not change is the fact that the burden is on the
prosecution to find you guilty and not for you to prove your innocence. This
is the same no matter where you live throughout the country and it is the
sole foundation this book was written on.

The law actually works in your favor.

The most important point you should have gotten from reading this book is
that receiving a speeding ticket is not a hopeless situation. You can easily
beat it in court. Confidence in yourself and Beat the System is essential in
winning your case.

With that I bid you farewell, safe driving and good luck in fighting your
speeding ticket!

Damon Dallah
www.TrafficTicketSecrets.com

- 182 -
Glossary

Accused A person charged with a crime.

Affidavit Any written document in which a person swears under oath
before a notary public o someone authorized to take oaths (i.e., county clerk)
that the statements in the document are true.

Appeal To ask a higher court to reverse the decision of a trial court after
final judgment or other legal ruling.

Arrest To take or hold a suspected criminal with legal authority, as by a
law enforcement officer. (For our purposes, arrest does not mean being
handcuffed and taken to jail. It means being held during the traffic stop.)

Best evidence rule The legal doctrine that an original piece of evidence,
particularly a document, is superior to a copy. If an original is available a
copy will not be used as evidence.

Burden of proof The requirement that a plaintiff show by preponderance
of the evidence that all the facts necessary to win a judgment are presented
and are probably true. In a criminal trial the burden of proof required of the
prosecutor is to prove the guilt of the accused beyond a reasonable doubt,
a much more difficult task.
Calibration To check, adjust, or determine by comparison with a standard
(the graduations of a quantitative measuring instrument): calibrate a
thermometer.
Case in chief The main part of a partys case including arguments for
which the party bears the burden of proof, but not including rebuttal.
Case law Reported decisions of appellate courts and other courts which
make new interpretations of the law and, therefore, can be cited as
precedents.

Charge The specific statement of what crime the party is accused (charged
with) contained in the indictment or criminal complaint.

Continuance A postponement of a date of a trial, hearing, or other court
appearance to a later fixed date by order of the court.

County seat A town or city that is the administrative center of its county.

Court A tem that is used not only to refer to the court house, but also the

- 183 -
judge o other officers of the court.

Cross examination The opportunity for the prosecutor (or unrepresented
party) to ask questions in court of a witness who has testified in a trial on
behalf of the opposing party.

Defendant The party sued in a civil lawsuit or the party charged of a
crime in a criminal case.

Demonstrative evidence Actual objects, pictures, models, or other
devices which are supposedly intended to clarify the facts for the judge or
jury.

Direct examination The first questioning of a witness during a trial.

Discovery The process of obtaining information before a trial through
demands for production of documents.

Dismissal The act of a judge terminating a criminal prosecution or a civil
suit.

DMV Department of Motor Vehicles

Evidence The poof presented at trial.

Foundation The basis that is sometimes necessary before certain types of
evidence can be admitted.

Guilty Having been convicted of a crime.

Inadmissible evidence Evidence that is not allowed to be presented in
court.

Judge The official who hears cases in courts.

Judgment The final decision by a court in a lawsuit or criminal
prosecution.

Judicial notice The authority of a judge to accept as facts certain matters
which are of common knowledge from sources which guarantee accuracy or
are matters of official records.

Jurisdiction Te authority given by law to a court to try cases and rule on
legal matters within a particular geographic location.

Layman (layperson) A person not a member of the clergy or of a legal
profession.

- 184 -
Motion A formal request made to a judge for an order or judgment.

Merger The act of combining two offenses into one.

No contest A defendants plea in court that he/she will not contest the
charge of a particular crime. Not an admission of guilt.

Not guilty The plea of a person who claims not to have committed the
charges he/she is accused of committing.

Objection A protest of a legal correctness of a question which has been
asked of a witness by the opposing party, with the purpose of making the
trial judge decide if in fact the question can be asked.

Offense A crime or punishable violation of law of any type or magnitude.

Officer of the court Any person who has an obligation to promote justice
and effective operation of the judicial system.

Ordinance A statute enacted by a city or town.

Plaintiff The party who initiates a lawsuit by filing a complaint with the
clerk of court against the defendant.

Plea The response by an accused defendant to each charge of the
commission of a crime.

Plea bargain A negotiation between the prosecutor and the opposing
party.

Preponderance of the evidence The greater weight of the evidence
requied in a civil (non criminal) lawsuit for the trier of fact.

Proceeding Any legal filling, hearing, trial and/or judgment in the ongoing
conduct of a lawsuit or criminal prosecution.

Proof Confirmation of a fact by evidence.

Prosecution In criminal law, the government attorney charging and trying
the case against a person accused of a crime.

Prosecutor The generic term for a governments attorney in a criminal
case.

Rebut To counter, disprove, or contradict the oppositions evidence.

Reversible error A legal mistake at the trial court level which is so
significant that the judgment must be reversed by the appellate court.

- 185 -

Rule To decide a legal question or to make a judicial command, or any
regulation governing conduct.

Standard of proof The amount of proof required to find a defendant
guilty.

Statute A federal or state written law enacted by the Congress or state
legislature, espectively.

Stipulation An agreement, usually on a procedural matter, between the
attorneys for the two sides in a legal action.

Subpoena An order of the court for a witness to appear at a particular
time and place to give testimony.

Subpoena duces tecum A court order requiring a witness to bring
documents in the possession or under the control of the witness to a certain
place at a certain time.

Testimony Oral evidence given by a witness under oath.

Transcript The written records of a proceeding.

Trier of fact The judge or jury responsible for deciding factual issues in a
trial.

Trial The examination of facts and law presided over by a judge.

Verdict The decision of a jury after a trial. The judgment of a judge is not
a verdict.

Waive To voluntarily give up something.

Note: Not all of the preceding definitions were mentioned in this book.

- 186 -
Appendix
50 States Websites and Informative Information

ALABAMA ALASKA
Court Website: Court Website:
www.judicial.state.al.us www.state.ak.us/courts
Speed Detection Methods: Speed Detection Methods
Pacing, aircraft, radar, laser Pacing, radar, laser
Speed Law: Speed Law
Absolute Absolute
DMV Website: DMV Website:
www.dps.state.al.us www.state.ak.us/dmv

ARIZONA ARKANSAS
www.supreme.state.az.us www.courts.state.ar.us
Speed Detection Methods: Speed Detection Methods:
Pacing, VASCAR, radar, laser Pacing, radar, laser
Speed Law: Speed Law:
Presumed Absolute
www.dot.state.az.us/MVD www.state.ar.us/dfa/motorvehicle

CALIFORNIA COLORADO
www.courtinfo.ca.gov www.courts.state.co.us
Pacing, aircraft, radar, laser Pacing, VASCAR, radar, laser
Presumed and Absolute Presumed and Absolute
www.dmv.ca.gov www.mv.state.co.us

CONNECTICUT DELAWARE
Court Websites: Court Websites:
www.jud.state.ct.us courts.state.de.us
Pacing, aircraft, radar, laser Pacing, aircraft, radar, laser
Presumed and Absolute Absolute
www.dmvct.org www.delaware.gov/yahoo/dmv

- 187 -
DISTRICT OF COLUMBIA FLORIDA
Court Websites: Court Websites:
www.dcsc.gov www.flcourts.gov
Speed detection Methods: Speed detection Methods:
Pacing, Radar Pacing, VASCAR, radar
Absolute Absolute
www.washingtondc.gov/main www.hsmv.state.fl.us

GEORGIA HAWAII
www.state.ga.us/courts www.courts.state.hi.us
Pacing, aircraft, VASCAR, radar Pacing, aircraft, VASCAR, radar
Absolute Absolute
www.dmvs.ga.gov NONE

IDAHO ILLINOIS
www.state.id.us/judicial www.state.il.us/court
Radar, laser, pacing, aircraft Radar, laser, pacing, VASCAR
Absolute Absolute
DMV Website: DMV Website
www.state.id.us/itd/dmv www.library.sos.state.il.us

INDIANA IOWA
www.state.in.us/judiciar www.judicial.state.ia.us
Radar, pacing, VASCAR Radar, laser, pacing, VASCAR
Speed Law: Speed Law
Absolute Absolute
www.ai.org/bmv www.dot.state.ia.us/mvd

- 188 -
KANSAS KENTUCKY
www.kscourts.org www.kycourts.net
Speed detection Methods: Speed Detection Methods:
Radar, laser, pacing, VASCAR Radar, laser, pacing, VASCAR
Absolute Presumed
www.ksrevenue.org/dmv www.kytc.state.ky.us/mvl

LOUISIANA MAINE
www.state.la.us/gov_judicial www.courts.state.me.us
Radar, pacing, aircraft, VASCAR Radar, pacing, VASCAR
Omv.dps.state.la.us www.state.me.us/sos/bmv

MARYLAND MASSACHUSETTES
Court Website: Court Website
www.courts.state.md.us www.state.ma.us/courts
mva.state.md.us www.state.ma.us/rmv

MICHIGAN MINNESOTA
www.courts.michigan.gov/scao www.courts.state.mn.us
Presumed Absolute
www.sos.state.mi.us/dv www.dps.state.mn.us/dvs

- 189 -
MISSISSIPPI MISSOURI
www.mssc.state.ms.us www.osca.state.mo.us
Speed detection Methods Speed detection Methods
Radar, pacing, VASCAR, aircraft Radar, pacing, aircraft
Absolute Absolute
www.dps.state.ms.us/dps/dps/nsf www.dor.state.mo.us/mvdl

MONTANA NEBRASKA
NONE court.nol.org
Radar, pacing, aircraft Radar, laser
Absolute Absolute
www.doj.state.mt.us/mvd www.state.ne.us/dmv

NEVADA NEW HAMPSHIRE
www.clan.lib.nv.us www.state.nh.us/courts
Radar, laser, pacing, aircraft Radar, laser, pacing, aircraft
Absolute Absolute
www.nevadadmv.state.nv.us Webster.state.nh.us/dmv

NEW JERSEY NEW MEXICO
www.judiciary.state.nj.us www.nmcourts.com
Radar, pacing VASCAR Radar, laser, pacing, VASCAR
Absolute Absolute
www.state.nj.us/mvs www.state.nm.us/tax/mvd

- 190 -
NEW YORK NORTH CAROLINA
www.courts.state.ny.us www.nccourts.org
Radar, laser, pacing, VASCAR Radar, pacing VASCAR
Absolute Absolute
www.nydmv.state.ny.us www.dmv.dot.state.nc.us

NORTH DAKOTA OHIO
www.court.state.nd.us www.sconet.state.ohio.us
Radar, laser, pacing, aircraft Radar, laser, pacing, VASCAR
Presumed Presumed and Absolute
www.state.nd.us/dot www.ohiobmv.com

OKLAHOMA OREGON
www.ocsn.net bluebook.state.or.us/state/judicial
Speed Laws: Speed Laws:
www.dps.state.ok.us/dls www.odot.state.or.us/dmv

PENNSYLVANIA RHODE ISLAND
Philadelphia - www.courts.state.ri.us
Courts.phila.gov/tc Speed Detection Methods:
Pittsburgh - Radar, laser, pacing
www.city.pittsburgh.pa.us Speed Law:
Speed Detection Methods: Presumed and Absolute
Radar, pacing, VASCAR, aircraft DMV Website:
Speed Law: www.dmv.state.ri.us
Absolute:
DMV Website:
www.dmv.state.pa.us

- 191 -
SOUTH CAROLINA SOUTH DAKOTA
www.judicial.state.sc.us www.state.sd.us/state
Radar, laser, pacing Radar, laser, pacing
Absolute Absolute
www.scdps.org/dmv www.state.sd.us/dcr/dl/sddriver

TENNESSEE TEXAS
www.tsc.state.tn.us www.courts.state.tx.us
Radar, laser, pacing, aircraft Radar, laser, pacing
Absolute Presumed
www.state.tn.us/safety www.txdps.state.tx.us

UTAH VERMONT
court link.utcourts.gov www.vermontjudiciary.org/courts
Radar, laser, pacing, VASCAR Radar, laser, pacing
driverlicense.utah.gov www.aot.state.vt.us/dmv

VIRGINIA WASHINGTON
www.courts.state.va.us www.courts.wa.gov
Absolute Absolute
www.dmv.state.va.us www.wa.gov/dol

- 192 -

- 193 -
WEST VIRGINIA WISCONSIN
www.state.wv.us/wvsca www.courts.state.wi.us
Absolute Absolute
www.wvdot.com/6_motorists/dmv www.dot.state.wi.us/dmv

WYOMING
Court Website:
courts.state.wy.us
Speed Detection Methods:
Radar, pacing
Speed Law:
Absolute
DMV Website:
Dot.state.wy.us/web/driver_services

NOTE: For those states where the speed law says Presumed and Absolute
together, those states differentiate between which types of roads are
considered to have presumed speed limits and which ones have absolute
speed limits. Check with your local laws.

Beat The System 0708

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Beat The System 0708

Загружено:

Авторское право:

Доступные форматы

The Definitive Guide to Outsmarting the System

And Beating Your Speeding Ticket in Court

Вам также может понравиться