Do you still remember that sinking feeling in the pit of your stomach as you realized that siren or those lights are for you and that you are being pulled over?
How many times have you been on the highway cruising along at 10-15mph over the speed limit, just to keep up with the other traffic? Can you imagine slowing down to obey the speed limit? You'd create a safety hazard as everyone tried to pass you, and road rage when they did.
These days speeding tickets is not about safety, it's all about MONEY. That's right. There are over 115,000 speeding tickets issued each day! It's a multi-billion dollar business driven by municipalities and insurance companies.
I know exactly how it feels like being pulled over, because I've been busted just like those 115,000 drivers everyday. But you don't have to worry about your speeding ticket anymore, because I will show you exactly how I beat mine.
How many times have you been on the highway cruising along at 10-15mph over the speed limit, just to keep up with the other traffic? Can you imagine slowing down to obey the speed limit? You'd create a safety hazard as everyone tried to pass you, and road rage when they did.
These days speeding tickets is not about safety, it's all about MONEY. That's right. There are over 115,000 speeding tickets issued each day! It's a multi-billion dollar business driven by municipalities and insurance companies.
I know exactly how it feels like being pulled over, because I've been busted just like those 115,000 drivers everyday. But you don't have to worry about your speeding ticket anymore, because I will show you exactly how I beat mine.
# posted by - H - @ 2:40 PM 
When: 4:30PM PST, December 16, 2003
Where: I-880 N, 0.5 mile away from I-280 junction
I was on my way home from work. Driving northbound on Highway 17, between Scotts Valley and Los Gatos, I saw at least 3 cars being pulled over by cops. Hmmm, it's the holiday season again, and cops are trying to bust people for drink and drive.
Driving in the left lane, I was following the rush hour traffic approching the I-880/I-280 junction,. Suddenly I noticed a CHP car pulled behind me from the center lane. Two seconds later, the police officer turned on his warning lights behind me and pulled me over. I was told that I was driving at 75mph, 10mph over the speed limit... I got a ticket for simply trying to keep up with the traffic.
As pissed off as I was, I didn't bother to argue with him. But I made up my mind right then that I will beat this ticket. I'm not going to put up with their bullshit.
Where: I-880 N, 0.5 mile away from I-280 junction
I was on my way home from work. Driving northbound on Highway 17, between Scotts Valley and Los Gatos, I saw at least 3 cars being pulled over by cops. Hmmm, it's the holiday season again, and cops are trying to bust people for drink and drive.
Driving in the left lane, I was following the rush hour traffic approching the I-880/I-280 junction,. Suddenly I noticed a CHP car pulled behind me from the center lane. Two seconds later, the police officer turned on his warning lights behind me and pulled me over. I was told that I was driving at 75mph, 10mph over the speed limit... I got a ticket for simply trying to keep up with the traffic.
As pissed off as I was, I didn't bother to argue with him. But I made up my mind right then that I will beat this ticket. I'm not going to put up with their bullshit.
About a month later, I received the courtesy notice from the Santa Clara County traffic court.
Once you receive the ticket, the first thing you should do is to get as much information on you ticket as you can. Fortunately, you have the legal right to do so, it's called "Discovery".
When the officer walks back to his car and writes you the ticket, he also makes himself some notes on the back of his own copy. This notes contains very important information such as how he determined your speed (by Pacing, Radar, Vascar or Laser), upon which your challenges will be based. In California (as well as many other states), one has the legal right to demand access to the officer's notes.
In order to get a copy of the officer's notes, you must make a specific written request for the disclosure of all notes or documents relevant to your case, it's called discovery request. I sent my discovery request through certified mail to both the law enforcement agency that issued me the ticket, which is CHP, and the prosecuting agency (Santa Clara County District Attorney).
Click on the image to enlarge.
Once you receive the ticket, the first thing you should do is to get as much information on you ticket as you can. Fortunately, you have the legal right to do so, it's called "Discovery".
When the officer walks back to his car and writes you the ticket, he also makes himself some notes on the back of his own copy. This notes contains very important information such as how he determined your speed (by Pacing, Radar, Vascar or Laser), upon which your challenges will be based. In California (as well as many other states), one has the legal right to demand access to the officer's notes.
In order to get a copy of the officer's notes, you must make a specific written request for the disclosure of all notes or documents relevant to your case, it's called discovery request. I sent my discovery request through certified mail to both the law enforcement agency that issued me the ticket, which is CHP, and the prosecuting agency (Santa Clara County District Attorney).
Click on the image to enlarge.
Because so few defendants ask to see the evidence against them, many police, prosecutors and even judges, believe this "discovery right" is not available in traffic court. Accordingly, even though your discovery request is probably proper in your state, you may find it's ignored.
If you get no response to your discovery request within three weeks, you will need to go to court and make a "pre-trial motion" to ask the judge to order the police to release the notes to you. This must be done prior to your scheduled trial date.
If your discovery request has still been ignored when your trial date rolls around, you may ask the judge to dismiss your case. Here is the sample language you can use.
"Your honor, the prosecution has failed to provide the discovery I properly requested. I move to dismiss the case on account of the prosecution's failure to provide discovery. Here is a copy of the written request I made a month ago for the officer's notes. I sent them to the prosecutor and police agency, and they both ignored me. I have not waived my right to a speedy trial, and I shouldn't have to. I can't properly prepare for trial even if the notes are produced now. As a result, I request that the charges against me be dismissed."
In my case, I got the following response from CHP on February 20th, 2004. Along with a copy of the police officer's notes.
If you get no response to your discovery request within three weeks, you will need to go to court and make a "pre-trial motion" to ask the judge to order the police to release the notes to you. This must be done prior to your scheduled trial date.
If your discovery request has still been ignored when your trial date rolls around, you may ask the judge to dismiss your case. Here is the sample language you can use.
"Your honor, the prosecution has failed to provide the discovery I properly requested. I move to dismiss the case on account of the prosecution's failure to provide discovery. Here is a copy of the written request I made a month ago for the officer's notes. I sent them to the prosecutor and police agency, and they both ignored me. I have not waived my right to a speedy trial, and I shouldn't have to. I can't properly prepare for trial even if the notes are produced now. As a result, I request that the charges against me be dismissed."
In my case, I got the following response from CHP on February 20th, 2004. Along with a copy of the police officer's notes.
After you receive the information on your ticket. You need to develop your strategy based on how the police officier determined your speed.
1. If he used a radar/laser gun, he needs to present to the court the inspection certificate of the unit he was using as well as the proof that he was properly trained to operate such a device.
2. If he was pacing you, then he needs to present the inspection certificate of the speedometer of the police car he was using. As well as the proof that within the previous 6 months this car had no major transmission problem, and didn't change the size of its tires.
If the police officer goes to the court without these documents, you win the case.
Once you are done preparing your strategy, you have two options: 1. Court trail or 2. Trial by written declaration. If you choose trial by written declaration, and the court finds you guilty, you can still plea for a court trial. That's why we always choose the latter.
You need to write a letter to the traffic court to request a trail by written declaration. Below is the letter I wrote to the Santa Clara County traffic court. You need to send this letter along with a self addressed and stamped envelope.
After receiving your request, the court will send you instructions and formal request form TR-205 for trial by written declaration. Please complete and sign the form and pay the required bail amount to the court before the due date.
You should provide a written statement of what happened on form TR-205. In your statement, you must describe all the items of evidence (if any) that you are including with your request. And your written statement must include the following language: ''I declare under penalty of perjury that this statement is true and correct.''
1. If he used a radar/laser gun, he needs to present to the court the inspection certificate of the unit he was using as well as the proof that he was properly trained to operate such a device.
2. If he was pacing you, then he needs to present the inspection certificate of the speedometer of the police car he was using. As well as the proof that within the previous 6 months this car had no major transmission problem, and didn't change the size of its tires.
If the police officer goes to the court without these documents, you win the case.
Once you are done preparing your strategy, you have two options: 1. Court trail or 2. Trial by written declaration. If you choose trial by written declaration, and the court finds you guilty, you can still plea for a court trial. That's why we always choose the latter.
You need to write a letter to the traffic court to request a trail by written declaration. Below is the letter I wrote to the Santa Clara County traffic court. You need to send this letter along with a self addressed and stamped envelope.
After receiving your request, the court will send you instructions and formal request form TR-205 for trial by written declaration. Please complete and sign the form and pay the required bail amount to the court before the due date.
You should provide a written statement of what happened on form TR-205. In your statement, you must describe all the items of evidence (if any) that you are including with your request. And your written statement must include the following language: ''I declare under penalty of perjury that this statement is true and correct.''
