--By Your Local Texas Traffic Ticket Attorney
Never:
- Act like you know the law better than the officer does. Law Enforcement Officers, especially Traffic Enforcement Officers hate drivers that quote the law to them. I have had many a client who have ended up in the back of a patrol car following a heated debate on the law with a Traffic Cop. More Often than not, the Officer finds more reasons to hand out citations.
- Admit any guilt. Don't say you are sorry, or that you were unaware what you were doing was in violation of any law. I advise all of my clients to say nothing. Always remember anything you say is considered an admission and most certainly will be used against you in court. My advice: Play dumb and take your ticket.
ALWAYS:
- Be Mr. or Mrs. Submissive. "Brown nose" behavior shouldn't only be kept in the workplace. Don't be afraid to reply "yes Officer, no Officer" to the questions you are asked. Moreover, these replies should expidite you stay on the side of the road.
- Be dumb or dumber. Play your ignorence card. Most people, including traffic cops, are less obliged to inflict pain on a poor dumb animal.
- Be afraid, be very afraid. Show the officer that handing you a ticket is the equivalent of handing you a death sentance. Remember policeman are people too, they put their pants on one leg at a time. If you look like a shivering chihuahua, they may hesitate in writing you that ticket if they feel sorry for you.
- Be a good actor. If you truly feel like you were not doing what the officer accused you of doing, act like you had no idea why he pulled you over, like they got the wrong car; take this theme all the way to the end zone. At the end of the day using this strategy might end you up with a ticket anyway, but at least you have the argument that you did not do it once you are facing a judge.
Great! Your advice didn't help, It looks like I am getting the Ticket, what do I do now?
Remember:
- The side of a road is not your courtroom. Pleading your case to the Traffic Officer is about as productive as arguing with the pavement. Trust me...you won't win. This type of beahavior has gotten my clients more citations or a night in the slammer. besides thes imidiate consequences, this behavior makes you stick out like a soar thumb in the mind of the cop. As a result he will remember you when it comes time for him to testify. Remain inconspicuous. My advice: Accept your ticket, say nothing and casually drive away.
- Develop a photographic memory. Take a mental image of your surroundings and conditions. Ask yourself what are the traffic conditions, what is the weather like, what lane you were in? This gives you some ammunition to fight whatever the officer writes on the ticket as the present conditions.
OK, what do I do at the pre-trial and while I am waiting for the trial?
Always:
- Plead 'not guilty.' Depending on where you are this is likely, an appearance in court or an opportunity to appear at a window in the courthouse prior to the date of appearance to give your plea.
- Delay. Don't work around the court's schedule, have the courts work around you. Keep putting off that court date until it is convienent for you to show. This is more likely to work if you are self employed or you are an independant contractor. If you are employed by a company, make sure that the court does not interfere with your work, including business trips. More often than not, by the time you appear, the officer will have forgotten all about the traffic stop and the court will have to dismiss your case
- A short side story: A very good client of mine got caught going 120 mph on the Sam Houston Parkway in Harris County Texas (speed limit was 65 mph) from a Texas State Trooper. Being an avid business traveler, he was able to delay his court date for nearly 2 years. When he finally mozied into court, he found that the Trooper had been transferred to the Dallas/Ft. Worth area. His case was ultimately dismissed.
Sometimes:
- Request information about the equipment used to catch you speeding. Warning: this strategy can really put the prosecutor in a bad mood and persuade him or her to really go after you.
- When laws allow, you can request:
- Copies of manufacturers names, including makes, models and serial numbers of all speed measuring devices in use by the Police Department.
- Information regarding manufacturers recommended maintenance on all of the above mentioned devices.
- Information pertaining to manufacturer literature regarding correct use, including specifications on mounting and aimingfor all speed measuring devices used by that particular law enforcement agency.
- Maintenance Records for the past six months' for all speed measuring devices used by the department.
- Records speaking to the Training administered to the Officer who cited you, in the proper use of all speed measuring devices used by the department.
Alright, so now I am finally at the courthouse for the trial setting, what do I do?
10 Easy Steps:
- Check in with the clerk.
- Check the officer sign in sheet to see if the officer has arrived, if he doesn't show, a dismissal will almost always be granted.
- If the officer does show, you will have an opportunity to speak with the prosecutor and determine whether the officer is ready to proceed (if he remembers you and the case). If the officer does not remember the episode, your case will be dismissed.
- The judge will call you up to begin the trial.
- More often than not, the officer will testify first.
- You then question the officer to see if he truly remembers you and your vehicle. Try to see if he can corroborate his information about the conditions of the day.
- You then call any witnesses you have to refute the officers story and bolster your story that the officer cannot adequatly remember the circumstances surrounding your alleged violation.
- The officer is then allowed to make a closing statement
- You should then make a closing statement focused on the inability of the officer to remember the incident; this is the way you can beat him, credability.
- The judge will then take several moments to decide.
What to wear and how to act:
- Wear a suit, or at least a time. If you look like a deadbeat scumbag bum, you will be treated as such.
- Be polite and respond to courtesy. Act like a jerk and you will be desposed of quickley and not to you favor.
Remember, you are innocent until proven guilty, that is the officer is the one who must prove your guilt, so:
- Get confident stupid; you can't win if you are a nervous wreck.
- Look over the indictment. If the cop is unable to prove even the slightest, tiny, or insignificant element of the indictment, the court must dismiss you case.
- Object to an officer bringing in evidence about speed measuring devices. Claim the evidence is inadmissable. In order to use this type of evidence the officer must establish Jurisdiction Certification, up to date, accurate, traffic and engineering survey, that the speed measuring device was properly calibrated, and that he maintains an up to date FCC license.
- Ask the officer if he was in motion at the time the speed measurement was taken. If he was moving, this can potentially throw off a speed reading and creates reasonable doubt in the mind of the finder of fact (the judge or jury).
- ASK the officer if he remember what you were wearing, or did you have any passangers, or what was the weather like? If he is unable to answer, this takes a major blow at his credability in the mind of the finder of fact (the judge or jury).
