The key is to know the restrictions,
find the one or two that the city did not comply
with, and then point them out to the court. Legally,
the court then has no choice but to dismiss
your ticket.
With the paid service you get all the information below plus the "read from" court script,
the actual legal references proving these issues, case law to prove to the judge that each
issue below is beyond his or her discretion, and a file specific to your state to show local
relevance and acceptance of all available local laws and federal guidelines. The paid service
also covers non-speed trap tickets such as highway, freeway and even tollway speeding tickets.
Some of the restrictions are:
1)
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The location where the police intend to write tickets, must first have an
engineering study (sometimes called a speed survey, speed study, or traffic survey)
done to calculate the mandatory speed limit. Unless they have engineering justification,
only this mandatory speed limit can be posted and enforced.
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2)
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The officer who issued the traffic ticket, may (in some locations) bring the speed
survey to court with him/her. The citizen should get a copy of the survey and find
all errors. There are five main errors and one of them is found in almost every survey.
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3) |
The study must be current (it must have been done within 5 years of the date of your citation).
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4)
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The posted speed must be within 5mph of the average drivers speed during the speed study.
For instance, if the speed study shows that the average speed driven on a road is 41 mph,
then the posted speed must be 45mph (41mph rounded up to the nearest 5mph or 45mph).
The speed can only be rounded up. Many speeding tickets will fall to this one.
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5) |
The study must have been conducted in substantially the same area and conditions as the
location later used for radar enforcement. It is a common tactic by a city, to
conduct the survey in an area that is somewhat different in conditions than the area that
will later be used for radar ticket enforcement. For instance, if the study was done on
the up side of a hill or rise, or just before, during or after a curve, or slightly before,
or after an intersection with a stop sign or signal, the study is invalid because all these
conditions will slow traffic and give a falsely low vehicle speed average on the study. Believe
it or not, in many cities over 75% of all posted speed limits qualify as illegal speed traps
based on this mandatory regulation.
Later when radar or other speed measurement is used by the police, an officer will, of course,
seek out the part of the same street where vehicles travel the fastest, such as the down side
of a hill, or straightaway, or a stretch of road where there are no stop signs signals or
intersections. This makes it appear as if the ticketed drivers were speeding compared to the
survey, when in fact they were not. This one will "Kill" almost all tickets that do not fall
to one of the other survey flaws. If this type of discrepancy exists, the ticket must be dismissed.
To prove that the flaws listed in 5) do not exist, the study must show the exact location of the road,
such as address, hundred block and, very important, which side of the road the study was conducted on.
If it does not (remember that you are innocent until proven guilty), it is the officer who wrote the
ticket who must prove the study was properly done. If he can't even tell the judge where the survey
was done in relation to the variety of conditions listed in 5), then the court must assume the study
was done in a section of the road where the traffic might slow for one of the listed conditions, and
give a falsely low "average speed". This makes the study invalid, and your ticket must be dismissed.
Of course you must know when and how to make an objection.
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The study must have been conducted or supervised by a traffic engineer with a legitimate
engineering degree. In some areas, the surveys are not done, or are done by the police.
Talk about the fox in charge of the henhouse. This is completely illegal and grounds for dismissal.
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Remember, speed traps are illegal. A speed trap is any location where the speed is not legally
determined or has been reduced below the speed of the average driving public. If an officer can
sit and write tickets all day long (almost all radar sites in this country), the speed limit is
almost certainly posted improperly. Proving this is fairly simple with the right information and
reference tools. Highway and freeway tickets are beaten on a somewhat different basis, but use
many of the same references and case law.
All speeding tickets other than Work Zone, School Zone Airplane Pace and
Trial by Mail (trial by declaration) are covered in our main system which
is called "Radar Plus" With the
paid service,
the Radar Plus speeding ticket system
includes a very simple "read in court" script to help you
bring out all the critical details
that, in our experience, result in the dismissal of most speeding tickets. This document
walks a citizen through the process of proving that a survey discrepancy (as in #5 above) exists.
Our professional document includes every legal reference to all the above regulations. We provide
you with the legal proof (all known case law on these issues) and give all necessary references that
you will need to give the prosecutor, magistrate or judge. These references are from the State
traffic manuals, and codes that the judges and prosecutors are familiar with and know to be the
law which they must abide by in traffic matters. We also provide you with access online, to the
code in it's entirety, so if you doubt any references you can look them up yourself from the federal
manuals. This is from the government website that can also be used as proof for the court to
verify any and all references.
This may sound too easy, but remember, most people are very nervous in court. A simple
document like this can remove the fear and anxiety most people feel, and give them the
confidence to use expert research, to present it properly and beat their ticket. The
case law is the final straw that tends to take the decision out of the judges hands and
shows him/her that these issues are predetermined by higher courts. To rule against
you will open him up to embarrassment during appeal.
The prepared documents are $34
and come with a win-or-your-money-back guarantee.
The Work Zone Speeding Ticket
This ticket is the type of ticket that is most often in
violation of the basic federal and state rules of engineering requirements and speed
limit posting. Because of this we have a very high percentage of wins in this category.
We do not give details of fighting this type of ticket here in the free area of the site.
Purchase of the Work Zone system includes the above "Radar Plus" system for free. Most Work
Zone tickets are also radar tickets as well. Because of this we fight this ticket on two
main angles with two systems. This is very powerful and as with the other systems your win is
guaranteed for your money back.
The School Zone Ticket
Like the work zone ticket, the school zone ticket is assumed in court to be valid.
In truth school zones speed limits must be justified and have restrictions similar
to work zones and other speed limits. You have the best chance of winning if there
were no children present, but for a school zone speeding ticket to be completely
legal, the speed limit must have been properly determined using the criteria we
give you from the federal manual. If the school zone was not active (no children
present) then the ticket should be easily beaten. We don’t offer money back on
school zone tickets because in truth we can’t maintain the 75% to 80% averages
we hold on other ticket types. We estimate your win chances at 50% to 60% depending
on your preparation.
The Airplane Paced Speeding Ticket
Unlike the radar ticket, most airplane paced speeding tickets (from this
point on we will call them "plane tickets") are actually completely legally
enforced. They are legally set up, legally observed, and legally written. In
spite of all this, they can almost all be beaten in court.
Here is the weakness in the plane ticket: All plane tickets require at
least two people to testify to the violation. First, they need someone
who was in the airplane (either a citizen or an officer) with a clear view of
the citizen's vehicle. This person uses a stopwatch to time the vehicle between
two marks on the road. Then they use a chart to turn the time from the stopwatch
into an average speed. The person in the plane will then use a radio to contact
an officer on the ground, and tell them to stop the driver and write a
ticket.
All of this is perfectly legal until we go to court and see how this ticket
is normally prosecuted. In my experience, these types of tickets are most often
handled in court with either the ground officer or the plane
observer/timer present, not both. This makes half of the testimony
illegal and inadmissible, if the citizen knows to object and not allow one
officer or observer to testify in behalf of the other officer who is not
present.
This simple knowledge will beat many plane tickets. If you are comfortable
with courtroom procedure, you can use this information to beat your ticket
for free. All you must do to beat this type of ticket is to not allow
the one officer or witness to testify about anything the other officer saw or
did.
With the paid
service
we send you a "read from" document that gives you a script to use in court to
beat your "plane ticket". This script has different sections to use for any
combination of "who shows up", even if both officers show up. It includes
the exact statement you can use to stop the officer from giving testimony on
behalf of the other officer.
We also show you a simple method to change your court date to a day
that dramatically increases your chances of only one officer showing up instead
of both. We have a nearly 100% win ratio for those who use this document on this
type of ticket.
This document will help you avoid the anxiety and fear of court that most
people feel. This Professional Service Document is $34. It comes with a
win-or-your-money-back guarantee.