|  | :: HELPFUL STEPS IN FIGHTING A TICKET ::
Ask the police officer questions regarding what happened before, during and after the stop. For example, for tickets for making an unsafe left, argue that your actions were "safe and responsible," considering the traffic conditions that existed at the time. Show the judge, by asking the officer questions, that the officer was unable to see what really happened or was too busy doing
something else.
If you were given a speeding ticket for violating the Basic Speed Law (Vehicle Code section 22350), the officer has the burden to prove beyond a reasonable doubt that you were driving at a speed greater than is "reasonable or prudent" taking into consideration things like the weather, traffic and road conditions that existed at the time.
Gather evidence:
Statements of witnesses, such as passengers or bystanders, who can testify to your version.
Prepare a clear, easy to understand diagram showing where your vehicle and the officer's vehicle were in relation to other traffic and key locations and objects. Ask the judge for permission to approach the board and attach your diagram. Then ask for permission to mark the diagram as a defense exhibit. You can then ask the officer questions about the scene to test his memory. You can also use the diagram when you testify.
Take photos of the scene. Make a copy for the judge, the officer and for yourself. Ask the judge for permission to mark each photo as a defense exhibit before you ask the officer questions or testify using the photos.
Ask the officer how many stops the officer has made in her career, and since the stop. This may show the judge that the officer has made so many stops that she has confused another stop with yours. On the other hand, in your closing argument, argue that your memory is better than the police officer’s because this is the only time that you have been stopped in the last 5 years.
Here are examples:
You failed to stop at a stop sign because the sign was hidden by a broken branch. Take photos of the obscured sign and show them to the judge.
You failed to stop before coming to the crosswalk because the lines were faded and could not be clearly seen.
Here are examples:
You are forced to stop on a freeway because your car had begun to make a loud and dangerous-sounding noise and you fear you would put other drivers in danger if you continued to drive without checking it out,You had sudden and severe chest pain and safely exceeded the posted speed limit to get to the doctor, whose office was only one half mile away.
An emergency not of your own making is another affirmative defense known as "necessity." Show that you were forced to violate the law in order to avoid a serious and immediate danger to yourself or others.
Here are examples:
Driving in the slow lane, you are boxed in from the back and the left side by speeding cars. To avoid colliding with a car entering the highway from the right, you accelerate well beyond the posted limit.
Because there is a car just to your right, you briefly speed up to avoid being rear-ended by a super-aggressive big rig that is tailgating you. Once you are in the clear, you move to the right and resume a legal speed.
MORE HELPFUL LINKS
:: Ca Supreme Court Delivers Blow To Red Light Cameras
:: Contact Us For a FREE case evaluation
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