Friday, October 17, 2008

Just lending a helping hand


FIVE WAYS TO FIGHT A TRAFFIC TICKET1) Gather evidence. Ask the traffic court to see official documents, like calibration records for either the radar gun or the speedometer used to clock your car. File a discovery request with the prosecutor so you can examine documents in advance for flaws. But note that if you subpoena documents, you'll remind the officer of the incident, which may prompt him to show up in court (see No. 5).2) Beat the beam. Speed-measuring devices such as radar and laser (aka LIDAR, or Light Detecting and Ranging) are subject to human error. Some attorneys have won cases in which officers have failed to give sufficient proof of proper LIDAR positioning.3) Go for technicalities. If certain elements of a ticket are missing, the case can be thrown out. For instance, if the officer's name and signature are illegible and if the badge number is impossible to read on a New York City parking ticket, then it should be dismissed, according to a former city parking judge.4) Be brief. Judges don't have a lot of time. Give a two-minute report. Use visual evidence, such as a photo of a road sign obscured by foliage.5) Win by default. If the officer doesn't show up and the court asks for a continuance (postponement to another day), then your response should be, "I object," . The case should be dismissed if the officer doesn't have a good reason to be absent from court.

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