CHAPTER TWO
"I'VE BEEN STOPPED - WHAT DO I DO NOW?" 8
CHAPTER THREE
WHAT FORM OF DEFENSE DO I TAKE? 12
How Do I Start To Fight This Ticket? 12
Preparing Your Defense: Gathering Your Data 14
Sample Questions and Motions and Objections 16
Motions To Research 17
Objections To Research 17
Other Forms Of Evidence 18
Preparing Your Defense 18
CHAPTER FOUR
THE COURT DATE 19
Who's Who In The Court Room 19
Understand that this book is intended to help you to avoid a ticket to begin with and assist you in "beating the rap" as they say. Studies have shown that most traffic infractions are successfully prosecuted but what they don't tell you is that as many as 95% of all citations are not even contested in court and that when they are contested by people just like you and me, most are dismissed. In those cases that are not dismissed,
the court often takes consideration of your driving record, i.e. this being your first ticket or the offense being trivial in nature to begin with. In some cases the court plea bargains to reduce the fine or make you pay a fine but not make the ticket part of your permanent record. This keeps your insurance company from finding out about the ticket and raising
your rates. Some states may have different terminology or the procedures may vary slightly but most states have now reduced the majority of moving violations to civil infractions carrying fines starting from $50.00 and some states still consider some violations as criminal and the fines may vary from state to state.
The fine itself may seem small compared to the overwhelming perception of the burden of going to court and facing the officer, the prosecutor and the judge, but the original fine is not the only money that will come out of your pocket. The time and effort you spend to defend this ticket may save you higher insurance premiums down the road. Many states already have programs built in just for this, where as you can attend a drivers improvement school to prevent the ticket or points from showing up on your record. The fines paid to the states, counties, or municipalities are for the violation itself should you pay them or be found guilty in court. The increase in your insurance premiums is only a response by private industry
and not part of any fine by the government. This may not make you feel any better, but should give you more of a reason to pursue the issue through the courts. Many people are mistaken that if they go to court and are not successful, that they will be fined some exorbitant amount of money for the attempt. This is not true and most states have no court costs above the original traffic ticket itself. We also need to remember that just by contesting a citation, it does not assure you of winning your case. You need to be prepared for court. We will cover that matter later in Chapter 4.
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