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Fighting A Ticket

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Inline ImagePolice Officers Must Write Tickets. Understand that even though police departments cannot make police officers write tickets, there are legal ways of getting around that. For instance, an officer can be disciplined at most departments for not being "within the average" of the other officers. So if the average is 50 tickets a month for most of the officers, then an officer doing the same job is expected to be within that number as well. Otherwise, they are below average and can be disciplined. The fact is, officers must also write tickets to help pay for cruiser, equipment, bills, salaries, etc. Regardless of how its explained, it is a revenue generator that is needed, period. Its a heavily debated and criticized reason for tickets, and law enforcement will never admit it, but it is one main reason. However, its not the "only" reason. Could you imagine a society without law enforcement writing tickets? How would people drive if they knew they were not going to get a ticket, or if there were no rules? You probably wouldn't want to be on the road. Police officers writing tickets actually help drivers drive safer for "fear" of getting a ticket. So contrary to revenue reasons, there's a safety issue as well.

How To Not Get A Ticket In The First Place

Well the short answer is simply don't speed, or run red lights, stop signs, etc. Drive safely and obey the laws. Of course even the best drivers and most honest people in the world speed every once in awhile, or run a light, roll through a stop sign, etc. So its not as easy to do as it is to say. But in essence, "trying" to obey the traffic laws can really help your wallet. One example is getting in the habit of setting your cruise on the freeway. If you absolutely cannot go the speed limit, then at least set your cruise to about 4 or 5 MPH over. Most police aren't going to stop for those speeds anyway (freeway anyway) and you're at least setting your speed with the cruise that you can live with.

Your Attitude To The Police

Your attitude and how you talk to the police during a traffic stop contributes to about 60% to 70% of the decision if you get a "break" from police officers. It never ceases to amaze me how many people will blurt out "What did you stop me for!" in a rude manner before I can even ask for their information, or even say a word. This is an automatic for most officers that you will not get a break, period.

If you get stopped by the police, understand a few things. First off, the police officer is just doing his or her job. It's nothing personal toward you. Second, understand that the officer does this every day and has likely heard every excuse, reason, lie, etc. that you could possibly come up with. Don't try to fool the officer, its like trying to bluff a pro at the poker table.

Be Polite

Probably the best thing you can do is simply be polite and respectful. Simply wait for the police officer to ask you for your information and act accordingly. Don't be a smart a** and don't be short with the officer. Don't act like your being inconvenienced, even though you may be, because most officers will take this as being rude. Don't get us wrong. We're not saying kiss the police officer's butt, but you should put yourself in their shoes. They meet and talk with people all day, every day. The ones that are decent with them get more of the breaks as opposed to the ones that want to argue.

The Actual Fighting Of A Ticket

If you decide to dispute your ticket, you are given a grace period (usually listed on the ticket) as to who to call and when, to arrange an informal hearing. This is informal usually only between you, the police officer and a magistrate. Some jurisdictions have their own Traffic Court, which is still informal (meaning, no jury or attorneys). The magistrate or judge will hear both you and the police officer's side and make a determination as to who is more likely telling the truth, or right or wrong. Understand that officers are given the upper hand as most judges don't believe officers are lying since they do this every day. However, judges and magistrates have an obligation and duty to listen impartially to your side of it, and make a decision.

How You Present Your Case

Just as you should be respectful and polite to the police officer during the traffic stop, you should be even more respectful to the judge. Only answer questions, or explain your situation, after you are told to do so by the judge. Don't argue with the judge under any circumstances. When explaining what happened, go directly to the story. A lot of people start explaining how they were coming home from their Grandma's house after a big dinner, or they over explain things that aren't necessary. Get to the point. "Your honor, I was going west on Anywhere Street in the slow lane, and I began to pass a black car..." Also, when you explain your story, don't lie. Just explain your side of it. If the judge understands your reasoning, or why you did what you did, they may have compassion for you and reduce the ticket. Also remember that anything you say will be challenged by the officer. For instance, if you told the officer you didn't know how fast you were going but now remember in court, the police officer will remind the judge that you didn't know how fast you were going in the field, but now you remember. This reduces your credibility and alone could hurt your case, even if you're in the right.

Hiring An Attorney

To be honest I've never understood people that pay an attorney $300 or more to fight a $120 ticket. I understand the points are a big deal and some people would rather pay more with no points, but why not just ask the judge or magistrate before the court date? This means going into the prosecutor or traffic court and requesting to meet with the city attorney first to just ask if they will drop the points. If they say no, and you cannot chance it in court yourself, then hire an attorney. Again, the best way to not get a ticket in the first place is changing your driving habits. Good luck!

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