Subject: Fighting a Speeding Ticket

From: Brian Maguire <[email-masked]>
Date: 26 Sep 1995 04:26:09 GMT

I got a speeding ticket in Oregon 5 months ago and the case is 
finally making it to court.  The police car pulled me over on 
the interstate at night and claimed to have paced my speed at 
77 mph.  He also claimed his radar gun verified this speed.  I 
may have been going over 65 mph, but I know how my car drives 
and I know I wasn't going 77 mph.

How do you fight a speeding ticket.  Isn’t it just my word 
against the officer’s?  How can the officer be so exact about 
the speed when pacing me?  The police car put his lights on 
while in the left lane and changed into the right lane, which I 
was in.  Could he have pulled over the wrong car?  What does it 
take to beat a speeding ticket?

My court case is on 09/28/95.  Does anyone have any 
suggestions?

------- Brian Maguire  ------ [email-masked] -----

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From: [email-masked] (Dan Howell)
Date: 3 Jul 1995 07:54:09 GMT

> In article <[email-masked]>,
> Mike Doherty <[email-masked]> wrote:
> >2) If the officer isn't there, does that mean that the charges are
> >   dismissed? (off scott free)

Usually.  There is a small chance that the judge could elect to continue
the case to give the officer another chance to show, but it isn't likely,
and even if it does happen, the judge may be violating your right to a speedy
trial.  So the answer is a "yes", with small qualifications.

> >3) If the officer is there and I plea NOT GUILTY, is there any other
> >   technicality I could use in my defense like:
> >
> >   "That road wasn't rated in the last x months and this was a 
> >    blatten speed trap"

This is your best bet, if "x" is greater than 60.  VC 40802(b) says that
any speed limit not justified by a survey within the last 5 years, and
"where enforcement involves the use of radar or other electronic devices
which measure the speed of moving objects", is a speed trap.  Laser
most certainly falls under this as an "other electronic device".
If the police officer testifies to using laser and does not introduce
a valid survey justifying the speed limit, you should object to
his introduction of speed evidence as VC 40803(a) says "No evidence as
to the speed of a vehicle upon a highway shall be admitted in any court
upon the trial of any person in any prosecution under this code upon a
charge involving the speed of a vehicle when the evidence is based upon
or obtained from or by the maintenance or use of a speedtrap."

Get the book "Fight Your Ticket" from Nolo Press for more information.
The Nolo Press home page is at http://nearnet.gnn.com/bus/nolo/, or
look for the book in your local bookstores.

There are also some interesting strategies for getting the court to
exclude any evidence of a survey (and thus destroy the prosecution's
case) if the prosecuting attorney doesn't respond to your request
(called an "informal discovery request") for a copy within 15 days.
These strategies are somewhat complex, so rather than go into them
here, I suggest you get a copy of the book

In article [email-masked], [email-masked] (Scott Dunn) writes:
> But you might want to check out Penal Code Section 1462(b) which provides 
> that inferior courts only have jurisdiction to hear "guilty" or 'nolo 
> contendere' pleas.  AT that point a verified complaint must be filed.  
> The only time that a 'notice to appear' can serve as the complaint is 
> when the defendant pleads guilty or nolo contendere.  If he pleads not 
> guilty, he must waive the requirement for a verified complaint IN WRITING.

I don't think this is likely to work.

PC 1462(a) gives municipal courts jurisdiction on all criminal cases within
their county.  PC 1462(b) merely extends their jurisdiction to the entire
State for noncapital criminal cases where the defendant wishes to plead
guilty or nolo contendere.

VC 40513(b) says that a notice to appear, when verified (signed by the officer),
constitutes a verified complaint.

I will be happy to change my opinion on this if you can point me to a
court case that says otherwise.  (What's happening with People v. McCalip?)

> >4) If I do plead not guilty and am found guilty can I still plea
> >   mercy and ask to go to traffic school so the ticket doesn't show
> >   up on my record and insurance ...............

Not likely.  If you lose an actual trial, generally your only hope is an
apeeal.  Most judges have the attitude that "you had your chance to opt for
traffic school before the trial started."

---
Dan Howell  <[email-masked]>