Thursday, September 22, 2011

What is the best way to get out of a speeding ticket after you've been issued a citation?

I got pulled over for going 70 on a 55. and i failed to change lanes while passing an emergency vehicle and the side of the road. After he pulled over he also gave me a ticket for having an air freshen bracelet hanging from my mirror....both speeding ticket and obstructed drivers vision ticket is both $249. Does anyone know how to get out of it...im going to court next month to fight it.. i cant afford it i just bought this car and financing it. Any tips on how to fight it?? thanks!!What is the best way to get out of a speeding ticket after you've been issued a citation?
In any traffic court case or tax case you are called into court and the judge reads the law and then asks, ';Do you understand the charges?';



Defendant: No, Your Honor, I do not.



Judge:



Well, what's so difficult about that charge? Either you drove the wrong way on a one-way street or you didn't. You can only go one way on that street, and if you go the other way, it's a fifty dollar fine. What's so difficult about this that you don't understand?';



D: Well, Your Honor, it's not the letter of the law, but rather the nature of the law that I don't understand. The Sixth Amendment of the Constitution gives me the right to request the court to explain the nature of any action against me, and upon my request, the court has the duty to answer. I have a question about the nature of this action.



J: Well, what is that - what do you want to know?



Always! Ask them some easy questions first, as this establishes that they are answering. You ask:



D: Well, Your Honor, is this a Civil or Criminal Action?';



J: It is criminal. (If it were a civil action there could be no fine, so it has to be criminal).



D: Thank you, Your Honor, for telling me that. Then the record will show that this action against ___(Straw Man Name)___ is a criminal action, is that right?



J: Yes.



D: I would like to ask another question about this criminal action. There are two criminal jurisdictions mentioned in the Constitution; one is under the Common Law , and the other deals with International Maritime Contracts , under an Admiralty Jurisdiction . Equity is Civil, and you said this is a Criminal action, so it seems it would have to be under either the Common Law, or Maritime Law. But what puzzles me, Your Honor, is, there is no Corpus Delicti here that gives this court a jurisdiction over my person and property under the Common Law. Therefore, it doesn't appear to me that this court is moving under the Common Law.



J: No, I can assure you this court is not moving under the Common Law.



D: Well, thank you, your Honor, but now you make the charge against me even more difficult to understand, the only other criminal jurisdiction would apply only if there was an International Maritime Contract involved and I was a party to it, it had been Breached, and the court was operating in an Admiralty Jurisdiction.



I don't believe I have ever been under any International Maritime Contract, so I would deny that one exists. I would have to demand that such a contract, if it does exist, be placed into evidence, so that I may contest it, but surely, this court is not operating under an Admiralty Jurisdiction.



You just put words in the judge's mouth.



J: No, I can assure you, we're not operating under an Admiralty Jurisdiction. We're not out in the ocean somewhere - we're right here in the middle of the State of North Carolina, No, this is not an Admiralty Jurisdiction.



D: Thank you, Your Honor, but now I am more puzzled than ever. If this/these charge/s is/are not under the Common Law, or under Admiralty - and those are the only criminal jurisdictions mentioned in the Constitution - what kind of jurisdiction could this court be operating under?



J: It's Statutory Jurisdiction.



D: Oh, thank you, Your Honor. I'm glad you told me that. But I have never heard of that jurisdiction. So, if I have to defend under that, I would need to have the Rules of Criminal Procedure for Statutory Jurisdiction. Can you provide me with the location of a copy?



THE END!What is the best way to get out of a speeding ticket after you've been issued a citation?
Pay it.
'; i cant afford it i just bought this car and financing it. ';



Then u shudn't of been speeding shud you, ma'am?
Dude just pay for it. It was your fault.
Maybe you can take defensive driving have the $250 fine waived. You're sunk with the obstructed view fine though
Don't break the law? I'm sorry but you wouldn't have gotten the tickets if you weren't braking the law. The bracelet is a bit much though, you could probably fight that and get a warning instead.
don`t speed to begin with
The best way to fight it - is actually just show up! Many police officers don't have time to appear in court, and if he does appear the judge may well take some sympathy on you and reduce the fine.

A ticket for an airfreshener? That's friggin ridiculous especially considering they sell them all over the place for exactly that purpose. Take it with you so they can see how small it is.

And be nice and polite - accusing the police gets you nowhere, just apologize and ask if the fine can be reduced. Dress nice and don't chew gum or something stupid.
there is probably no way to effectively fight any of them.Considering all of the charges you were obviously breaking the law, and to get out of it would mean that you would have to prove your innocence. if you are guilty, you stand no chance. Especially because of failing to move over for an emergency vehicle. That tends to piss off emergency workers, fire fighters and cops alike. If you happen to be innocent, you can hire yourself an expensive lawyer, request a jury trial, and try to find an error or a hole in the cops statement. But the cop will have written a report and so has notes available while being tormented by your lawyer in front of the jury. But it would be a jury trial, and again especially because of the emergency rig thing, a jury would likely see your guilt and convict you. Which would cause you to receive a stiffer fine, or maybe even jail time.
I have to say I am biased against you, ever since some person that also did not like taking responsibility for their actions did something just like you did. I had a car stopped, my emergency lights flashing when someone decided they had to pay attention to something other than their driving, and hit me breaking my left leg, tearing my left ACL, and spraining my right leg also. Pay it and let it be a lesson, next time may cost you or someone else more than a few dollars.
I'm going to add my two cents. Take the stuff off of your mirror and tell the judge you corrected that problem. Offer to plead guilty tot he speeding and ask for a payment plan. That way you can pay it off in installments.



Stop speeding.
You don't say what state or city you are in. That does matter somewhat. The larger, more urban the area the less likely the court is to cut you some slack.



The obstructed view ticket sounds like the officer was just stacking charges. Unless this air freshener is huge, I'd take it to court and argue that your vision was not obstructed by the small device.



The speeding ticket is a loser. I suspect you were picked up on his radar. So you are probably toast.



Now the most serious infraction is failing to change lanes while passing the emergency vehicle. You need to read that law. Here, the emergency vehicle must have its emergency flashers (top lights) in operation. If the patrol car is merely sitting on the side of the road, then it is just another parked vehicle. If the lights were going when you passed, then you are toast. The court will take the officer's word before it will take yours.
firstly

you came on here asked for answers got good ones then attacked those who told you the truth you cant get out of it. shame on you. never attack those answering you or you will never get answers



now to the question

the thing on your mirror is a fix it take the air freshener down



look up move over laws in your area.

my state just passed one. a move over law id exactly what it says you are to move over out of the way of emergency personnel. this is for their safety if they are stopped on the shoulder or if they are behind you trying to get somewhere.



too many cops are being hit and killed by careless drivers your not getting out of that.

you admit to speeding you have to pay for that too. so you just bought thee car. what right does that give you to drive 15 over. you could have killed someone. the posted speed limit is the max your supposed to drive not the min. be glad he didnt slap you with a reckless driving charge



call the county clerks office plead guilty and arrange a payment plan
Your best bet is to contact the courts and ask them these questions. They are the ones who will process your ticket and will know all the laws and regulation. You should also ask the courts if you are allowed to take a driving school class. This will prevent your insurance from going up and points from being placed on your license. Just make sure you get the courts permission before doing so. If you don檛 the courts will reject your driving school certificate. Good luck!
well first of all should not have been speeding when you knew full well that you could not afford a costly ticket, that is on you, as for the object on the mirror just take that off and tell the judge that have fixed that. once you get issued a ticket there is no way to get out of it you either just pay the fines and go on your way or fight and lose or win most of the time ppl lose and end up having to pay the fine and go to traffic school.
Hi



Highest percentage way to get out of them is by getting a lawyer. Granted that may run you couple thousand dollars, but a lawyer may find a way.



Next time you see flashing lights I bet you slow down and move over. Next time you are pulled over be a little nicer, the officer may decide to write you a ticket for every little thing, instead of just one. I also recommend moving your air freshener to a spot not in your view. You got that ticket because you told the officer you didn't see him. There for he is making sure you left with a clearer view of the road. Also most police cars now record the conversation you had with the officer, don't expect it to go well for you in court. Probably would have cheaper to not fight it as now you will have court fees tacked on and could add couple hundred more dollars.



By the way, I hope you didn't take the same attitude with the officer that you did us. If you did the Judge may order anger management for you also. All in all this could be a life changing moment for you.



Thank You
First of all, I suggest getting a lawyer. Explain every thing to them. Then say weather you want to plead guilty or not guilty. Then they will help you fight it to win.

Go and say the Air Freshener one was BS. The judge will probably throw that out any way.

Then try to get the judge to at least drop the fine and say you were only going 5 or 10 over the limit.

I will let the lawyer advise you on the rest.

A lot of times, these days, you don't even have to show up to court for a traffic case. The lawyer will go to court for you.

If they need to talk to you, they will call you. They will either get your additional info over the phone or have you come in and talk to the judge directly.

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