Winning Strategies for Fighting Traffic Tickets

Fight That Ticket!

Winning Strategies

for Fighting

Trafc Tickets

Written by the National Motorists Association

VOLUME 1 OF 3

Volume 1 Table of Contents

Introduction ........................................................... 1

Why Fight A Traﬃc Ticket? .................................... 3

What To Do When You Get Pulled Over ............... 7

Deciding On Your Plea ........................................ 14

When To Consider Hiring An Attorney ............... 15

Research e Speciﬁc Statute Or Ordinance ......... 19

e MUTCD ....................................................... 21

"Right To Drive" & Constitutional Arguments .... 24

Research Enforcement Technology ....................... 26

Radar .................................................................... 27

Laser ..................................................................... 29

VASCAR .............................................................. 32

Pacing ................................................................... 33

Visual Estimation ................................................. 34

Other Speed Measuring Devices ........................... 36

Speed Enforcement By Aircraft ............................. 37

Gather Information Speciﬁc To Your Case ............ 40

Discovery Request ................................................ 41

Motion For Discovery .......................................... 45

Public Records Request ........................................ 46

Interrogatory ........................................................ 48

Deposition ........................................................... 49

Subpoena .............................................................. 50

What Is A Continuance? ...................................... 51

Reasons To Consider A Continuance .................... 52

Downsides To Requesting A Continuance ............ 53

How To Request A Continuance .......................... 54

Consider Making A Pre-Trial Motion ................... 55

Volume 1 Conclusion ........................................... 56

Version A.1b

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Introduction (1 of 2)

Most traﬃc tickets involve the alleged violation of speed limits. erefore,

much of the information in this document is directed at contesting speeding

tickets.

However, the majority of the principles and recommendations discussed here

are applicable to any type of traﬃc law violation.

Depending on your state and the traﬃc law in question, a violation may be

treated as a criminal or civil violation.

Despite "oﬃcial explanations," the primary reason for shifting traﬃc law

violations from criminal to civil is to make it easier for governments to get more

money from drivers like you.

ey don't care that they're accomplishing this goal by reducing or eliminating

important due process rights available to criminal defendants.

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Introduction (2 of 2)

For example, the right to a jury trial, meaningful Discovery, and the presumption

of innocence are often stripped away from traﬃc ticket defendants.

It cannot be emphasized too strongly that traﬃc laws, traﬃc courts, and

motorists' due process rights are unique in each and every state.

What applies in one state may not apply in another state, even a state right

next door.

Consequently, the information in this document is general in nature and should

be considered as a guide for developing and conducting a defense in a traﬃc

ticket case. §

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Why Fight A Traﬃc Ticket? (1 of 4)

e average person has very little experience with challenging "authority," using

the legal system, or representing themselves in a courtroom situation. When

viewed from the outside, the process can seem stressful and intimidating. To

some degree the "insiders" – judges, clerks, prosecutors and attorneys – strive to

maintain this impression.

Elements of arrogance, annoyance, bureaucratic indiﬀerence, and condescension

are not uncommon. e reasons range from inﬂated egos and job protection to

the need to protect the system from being overwhelmed by citizens who realize

they are being exploited, cheated, and abused by their own government.

e courts are intimately enmeshed in the traﬃc ticket industry. Traﬃc tickets

are the only signiﬁcant revenue source, besides taxes, for the court system.

Conﬂict of interest bleeds through the entire system and is evident to anyone who

cares to look, but it remains in place because the interests that beneﬁt are the same

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Why Fight A Traﬃc Ticket? (2 of 4)

interests that are charged with preventing that conﬂict or rooting it out.

is is why traﬃc ticket defendants are guilty until they prove their innocence,

police oﬃcer testimony is automatically given more credence than that of ticket

recipients, and those same oﬃcers are allowed to testify via scripts that have

little bearing on reality or facts.

ere is a delicate balance of threats, indiﬀerence, bribes (plea bargains),

"good cop/bad cop" routines, and inconveniences, all designed to discourage

traﬃc ticket defendants from taking their cases to court. Keep in mind that

there are tens of millions of traﬃc tickets issued every year.

If even ten percent of these tickets went to trial, the court system would

cease to function.

e fact that you are reading this publication suggests that you understand, or

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Why Fight A Traﬃc Ticket? (3 of 4)

sense, that most traﬃc tickets, especially those for speeding, have little to do

with safety. eir moral and ethical foundations are often little more than

contrived propaganda.

For these reasons alone, everyone should ﬁght every traﬃc ticket they

possibly can.

But there are far more practical reasons for ﬁghting your traﬃc tickets. Let's

start with the negative; you just pay the ticket and eat the points.

Not only have you lost your money, but in a sense you are encouraging the govern-

ment to continue this exploitative system. Of course your insurance company is in

on the game and your insurance is jacked up for three or more years.

Run into a spate of bad luck and your license might be suspended, perhaps resulting

in the loss of your job. is is your reward for taking the path of least resistance.

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Why Fight A Traﬃc Ticket? (4 of 4)

Once you commit to ﬁghting your ticket a whole new situation evolves. You

increase your chances of avoiding a ﬁnancial penalty or jeopardy to your license.

Another possibility is that your ﬁnancial penalty will be reduced, or your license

points protected, or both. And if you do go to trial, win or lose, you will have

eliminated any "proﬁt" the government would have otherwise realized from

your ticket.

Could you receive a larger ﬁne or lose more points by ﬁghting your ticket? You

could, but it would be an extremely rare event. It is far more common for a ﬁne

to be reduced at trial, even when the defendant is found guilty.

A major motivation for preparing and oﬀering this manual is to encourage

as many people as possible to stand up and ﬁght their tickets, not just to

protect themselves, but to overwhelm and shut down this perverted traﬃc

ticket industry. §

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What To Do When You Get Pulled Over (1 of 7)

e red and blue lights are shining in your rear-view mirror. Don't pretend

you haven't noticed; in fact, acknowledge your intention to pull over by imme-

diately activating your turn signal and then ﬁnding a safe place to pull oﬀ the

roadway, on the right hand shoulder if at all possible.

An exception to this rule is if you feel there is something strange or ﬁshy about

the patrol car.

If you're in a remote or untraveled area and you just don't feel safe, activate

your emergency ﬂashers and drive to a location where there are other

people who will witness the stop.

is might really irritate the cop, but better to do this than to be robbed or

assaulted. If you put on your ﬂashers and drive at normal legal speeds, any

rational oﬃcer (most are) will know what you are doing and why.

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What To Do When You Get Pulled Over (2 of 7)

Place your hands on the steering wheel as the oﬃcer approaches; this takes the

apprehension out of the situation and should put the oﬃcer in a slightly better

mood.

If it is dark, turn on your interior lights. Roll down your window before you

stop.

Do not engage in a debate with the oﬃcer, or express your opinion on his or

her motives for choosing this line of work. Of equal importance, do not admit

to anything illegal, including going only two mph over the speed limit.

Every admission of any guilt will be duly noted and recorded.

In the case of suspected DUI it will also be used as an excuse to arrest and test

you. Always remember, the police oﬃcer is not your friend and not your "buddy."

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What To Do When You Get Pulled Over (3 of 7)

If the oﬃcer asks to search your vehicle, politely refuse. If he asks you to

perform various speech or athletic maneuvers (ﬁeld sobriety test), politely re-

fuse.

After each refusal politely say "Am I free to leave now?" Keep on asking until

the oﬃcer runs out of excuses to detain you.

Fortunately, most traﬃc stops are not battles of will. e oﬃcer eventually

explains why he stopped you, asks to see your license and proof of insurance

(in most states), goes back to his car and runs your personal data through the

system, checking for warrants and verifying your information, possibly checking

your driving record, and then he returns your documents to you, usually with a

traﬃc citation.

ey never tear up a ticket once it is ﬁlled out, so, after the ticket is written,

don't bother pleading your case at the side of the road.

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What To Do When You Get Pulled Over (4 of 7)

At this juncture you have nothing to lose by asking the oﬃcer a few questions:

How did he clock the speed of your vehicle? •

Would he give you the serial number for the speed measurement device he •

used?

If he used a time-over-distance device like VASCAR to determine your •

speed, would he point out where he was sitting?

What were the two points that he timed you through and what was the •

distance between them?

What courthouse do you have to go to? •

Can you request a diﬀerent courthouse for your trial? •

e oﬃcer may refuse to answer any of your questions, but then again maybe

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What To Do When You Get Pulled Over (5 of 7)

he will answer at least some of your questions.

One pointless exercise is to ask to see the read-out on a radar or other speed

measurement device.

Some devices don't retain readings and others could have an illegally high speed

locked into the device, to be left there all day. Also, almost all jurisdictions ex-

plicitly refuse to allow motorists the option of seeing the speed reading,

supposedly for safety reasons.

It should be noted that our highest courts have been very accommodating of

enforcement personnel.

If the police ask you and/or your passengers to exit the vehicle, the courts have

decided you must comply. Once you are out of your vehicle, the oﬃcer has the

right to frisk you for weapons (do a "pat down").

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What To Do When You Get Pulled Over (6 of 7)

Police oﬃcers are legally permitted to lie to you about the reason you were

stopped.

For example, the police observe a person who left a tavern and they think they

might be able to get a DUI arrest, but there is nothing wrong with the person's

driving, so they stop the motorist for an allegedly burned-out bulb or debatable

lane change.

e real reason for the stop is their suspicion that the driver had been

drinking, but they use the pretense of faulty equipment to justify the stop.

e courts have decided this is perfectly OK.

Not all motorists' rights have been stripped away, yet. eir cars cannot be

searched without probable cause. ey do not have to answer questions beyond

identifying themselves. And, they do not have to perform roadside agility tests

or mental quizzes to prove their sobriety.

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What To Do When You Get Pulled Over (7 of 7)

Back to the traﬃc stop.

Along with taking a few moments to cool down, you should jot down the

following:

Observations regarding your speciﬁc location•

e license number on the police car•

Weather conditions•

Traﬃc conditions•

e roadside environment•

Anything else that attracts your attention•

At a later date some of this information could be useful for your defense. §

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Deciding On Your Plea

If you want any other outcome than to just pay the ticket and take your lumps,

you must plead "not guilty." Pleading "no contest" or "guilty" will result in you

being found guilty and probably getting the full ﬁne and penalty points against

your license.

Pleading "not guilty" doesn't mean you didn't commit the act for which

you received the ticket.

Rather, you may want to challenge the validity of a speed reading, or there may

have been extenuating circumstances that justiﬁed your actions.

e point to take away is that to challenge a ticket, or position yourself to

negotiate a less harsh penalty, you have to start with a "not guilty" plea.

Note: Many jurisdictions use terms like "Responsible, Not Responsible," or

"Responsible with an Explanation." is is the same as guilty, not guilty, and no

contest, in that order. §

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When To Consider Hiring An Attorney (1 of 4)

If you are short on time or apprehensive about dealing with the ticket yourself,

hiring an attorney is an option you may want to consider.

In most traﬃc ticket situations this is not necessary. With a little bit of

preparation, and a lot of determination, you can ﬁght your own ticket.

Two exceptions include challenging out-of-state tickets that are a long way

from home, and situations where the charges against you are quite serious, for

example DUI.

In the latter situation it is strongly recommended that you hire a qualiﬁed

traﬃc law attorney.

Note that the National Motorists Association has traﬃc attorneys listed on our

web site. We also have a more extensive in-house database of attorneys which is

available only to NMA members.

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When To Consider Hiring An Attorney (2 of 4)

We always recommend that ticket recipients talk to three or more attorneys and

choose the one that makes them feel most comfortable with their choice.

Prices, services, experience and knowledge vary widely.

Traﬃc law is its own specialty, and lawyers involved in real estate, business law,

or estate planning are unlikely to know much more about ﬁghting a traﬃc

ticket than does a car salesman or a dentist.

In almost all instances an attorney will attempt to negotiate with the prosecution

to reduce the penalty points and/or ﬁne associated with the violation. Sometimes

the negotiation will result in fewer or no points in exchange for a higher ﬁne.

It is important to understand that attorneys do not typically take traﬃc

tickets through a formal trial. e cost of going to trial is often prohibitive

for a routine speeding ticket.

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When To Consider Hiring An Attorney (3 of 4)

e negotiation/plea bargain process is not about justice or fairness, it's all

about economics and personal relationships.

It costs the government a fair amount of money to do a full-blown trial over a

traﬃc ticket, a lot more money for a jury trial. Given the fundamental reason

for traﬃc tickets, raising money, it's counter-productive to spend even more

money engaging in a trial.

Consequently, in the interest of expedience and revenue generation, the

prosecution is usually open to a "compromise" on the typical traﬃc ticket.

e prosecution and the court are also more amenable to working with

attorneys who are cooperative, passive, and not inclined to "tie up" the courts

with "nuisance traﬃc tickets."

Accordingly, an attorney who has to regularly work in a speciﬁc courthouse

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When To Consider Hiring An Attorney (4 of 4)

jurisdiction, and who depends on the good graces of courthouse staﬀ and

prosecutors, is reluctant to upset these relationships by aggressively challenging

seemingly minor traﬃc tickets.

e lesson to take from this:

If you want an attorney to just plea bargain your ticket to remove points or

lower the ﬁne, hire one who frequently works in this jurisdiction and who may

have a personal relationship with the prosecution and courthouse staﬀ.

If you want an attorney to seriously ﬁght a ticket, one who will go to trial, hire

an attorney who does not normally work in this jurisdiction and who is not

fearful of the consequences of irritating prosecutorial staﬀ.

Keep in mind that plea bargaining involves attorney fees of hundreds of dollars,

versus thousands of dollars for seriously challenging a ticket through a trial. §

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Research e Speciﬁc Statute Or Ordinance (1 of 2)

In almost all instances, the citation issued to a person charged with violating a

traﬃc law will contain a speciﬁc reference to the statute or ordinance, by

number, that was allegedly violated. You can usually ﬁnd the exact law or

ordinance online or in person at the city hall or a public library.

As a general rule, librarians at public libraries will be much more helpful

than city or courthouse employees.

Read this material very carefully, including references to other laws and court

cases.

Is this law actually related to the reason you were stopped and cited?1.

Is the law referenced on your citation for some other violation and is in fact 2.

in error?

Were your actions really in violation of this law?3.

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Research e Speciﬁc Statute Or Ordinance (2 of 2)

ere may be certain elements of the law that allow exceptions, or there may be

speciﬁc requirements that are mandated before the law can be enforced.

For example, the law may state that speed limits must be posted in a speciﬁc

way before they can be enforced. If they are not posted in this manner, you have

strong grounds for a dismissal.

Other laws, regulations, and court cases that are referenced in the statute you

are charged with violating often contain additional provisions that apply to

your case. ere may be standards for maintenance and certiﬁcation of speed

monitoring equipment, operation procedures, or motorist information

requirements. A failure on the part of the state or local enforcement agency to

meet these standards or to prove compliance with court-ordered procedures

could result in the dismissal of charges.

In fact, some state laws mandate that if these standards are not met, the

ticket must be dismissed! §

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e Manual On Uniform Traﬃc Control Devices (1 of 3)

e Manual on Uniform Traﬃc Control Devices, MUTCD, is a federal

document which sets the standards for all signs, signals, road markings and

related traﬃc control devices.

Every state must either adopt this manual, or adopt a state version very similar

to the federal manual, and must comply with the standards therein.

In addition to setting standards, the MUTCD also makes recommendations and

guidelines for the use, management and application of traﬃc control devices.

Many of these do not reach the level of a "standard" and it's within the

discretion of state or local oﬃcials whether or not to follow these recommenda-

tions and guidelines.

The MUTCD can be brought into a defense strategy if signs are missing,

improperly installed, hidden from view, or used in a non-conforming

manner.

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e Manual On Uniform Traﬃc Control Devices (2 of 3)

ere are other situations where the need for a particular device, such as a red

light ticket camera, must be justiﬁed and documented before it can be installed.

Lacking that justiﬁcation and documentation can result in the device being

unenforceable.

Be forewarned that lower courts or informal hearings may not always dismiss a

charge because of non-compliance with a MUTCD standard, but upon appeal

to a higher court, a dismissal will almost always be granted.

Examples of successful MUTCD defenses include situations where speed limit

signs were not properly located in terms of height, distance from the roadway,

or were not clearly visible.

Another cause for dismissal is the absence of a speed limit sign such that the

motorist does not have a clear indication of the legal speed.

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e Manual On Uniform Traﬃc Control Devices (3 of 3)

e key word that makes a MUTCD criterion mandatory is "shall."

If a standard says "the stop sign ‘shall' be red with white letters" the requirement

is not a recommendation or an option, it is an absolute mandate and it has the

force of law.

You can ﬁnd your state's version of the MUTCD with a simple internet search;

just type in something like this: "[state name] MUTCD". §

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"Right To Drive" & Constitutional Arguments (1 of 2)

e Internet is rife with claims, proclamations, and legal theories that argue the

government cannot regulate travel, license drivers, register vehicles, or enforce

traﬃc laws. One common issue is "the right to drive," versus the government's

position that driving is a "privilege."

It is generally accepted that there is a right to travel, but traveling and

driving are not synonymous terms.

Traveling and operating a vehicle are not the same things. So while citizens

may have an absolute right to travel, they don't have an absolute right to

drive. Conversely, calling driving a privilege suggests that the government has

unfettered discretion to give or take this "privilege."

e courts have found otherwise; a person does have a property right connected

to the driver's license and it cannot be taken away without due process. However,

the courts have also ruled that the government can license and regulate the

operators of motor vehicles being used on public highways.

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ere is no shortage of supposedly sureﬁre strategies guaranteed to result in

instantaneous dismissals from judges who will be overwhelmed by powerful

constitutional arguments or little-known legal facts being hidden by

government interests.

Most of these claims are based on imaginative interpretations of high court

decisions, personal political theories, or what some people would like the law to

say, instead of what it does say.

It's possible, although not probable, that some of these theories have merit.

What is not up for debate is the fact that the courts that decide traﬃc ticket

cases do not subscribe to any claim that diminishes their own authority or

the government's right to enforce traﬃc law.

If you want to win in traﬃc court you have to play by the rules, the rules the

courts enforce and abide by. §

"Right To Drive" & Constitutional Arguments (2 of 2)

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Research Enforcement Technology

Police across the country use diﬀerent tools to enforce traﬃc laws. e

enforcement technology that an oﬃcer uses can have a big impact on how

you develop your defense.

Find out what technology the oﬃcer used (it usually is printed on your

ticket) and learn as much as you can about how it works.

If this information is not on the ticket and you forgot to ask the oﬃcer who

issued the ticket how he measured your speed, you can obtain this information

by calling the police department or through the Discovery process (which will

be explained later).

e most common speed measurement devices are radar, laser (also called LIDAR),

VASCAR, and pacing.

Coming on strong in recent years are automated camera-based systems that

monitor intersections and enforce speed limits. §

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Radar (1 of 2)

Radar is the most commonly used speed measurement device. Here are some of

the important aspects of radar technology:

It is easy to use.•

It is ﬂexible in application to diﬀerent environments.•

It does not require the full attention of the operator. •

It does not require precision aiming. e radar beam rapidly expands in •

width and the gun itself can just be pointed in the general direction of the

target vehicle.

It will clock the speed of the vehicle with the most dominant reﬂective •

surface.

is last point can be particularly useful in your defense. Even the newest

radar guns, with their digital signal-processing capability, do not tell the

operator which vehicle, out of many, is responsible for the radar reading.

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Radar (2 of 2)

ere are several operator errors that can yield erroneous speed readings. e

most common of these errors is simply the misidentiﬁcation of the target

vehicle. e police oﬃcer obtains a reading and assumes a speciﬁc vehicle is

responsible for the speed reading when in fact another vehicle is the source of

the reading.

Beam reﬂection error, cosine error, electrical interference, panning, and

shadowing are some of the factors that can generate erroneous radar readings.

Discussion of these errors can be found in many books dedicated to

understanding radar devices. We also go over each of these errors in more

detail in Volume 2 of this ebook.

It is fairly common knowledge that a radar gun's accuracy should be checked by

external means such as tuning forks, but few states actually mandate these tests. If

your state is one that mandates accuracy tests, this may be useful in your defense. §

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Laser (1 of 3)

Here are the basics of how laser technology works:

Laser speed guns transmit an invisible infrared light beam that measures the 1.

distance between the laser gun and the target vehicle.

Distance is measured by the time of ﬂight of a laser pulse. 2.

Because the speed of light is both known and constant, it serves as the basis 3.

for determining distance.

Once distance is known, speed is calculated by comparing the change in 4.

distance against a span of time.

Laser gun beams are quite narrow and the operator must carefully aim at the

intended target. is requires one hundred percent of the operator's attention.

Operator errors, again, are common. Some, like cosine error, are similar to

those made with radar guns. However, misidentifying the target is less common.

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Laser (2 of 3)

Because a laser beam is quite narrow, the operator is supposedly able to pick out

a single vehicle among many. is requires very steady aiming, no

movement of the laser gun, and sight alignment that corresponds with the

light beam.

e operator cannot see the light beam. If the sighting system is not properly

aligned, the operator has no way of knowing it unless he carries out a speciﬁc

sighting test, which rarely happens.

Also, the operators seldom check the accuracy of the speed measurements.

Instead they use the self-diagnostic checking system on the laser gun and do a

simple test to make sure the gun is accurately measuring distances.

e self-diagnostic system could itself be malfunctioning, and just because

the laser gun measures distances correctly does not mean it is measuring

speeds correctly.

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Laser (3 of 3)

e sighting system can be checked by aiming the gun at a narrow object, like

a utility pole, and moving the gun left-to-right and insuring that the distance

reading reﬂected from the narrow pole occurs when the sights are aligned with

the pole.

To test the vertical alignment of the sights, the gun is turned on its side and the

same left-to-right test is repeated. Again, the distance reading should appear

only when the sights are aligned with the pole.

Testing the accuracy of the speed reading can be accomplished by measuring

the speed of a vehicle traveling at a known speed.

Rarely are these tests performed before or after laser guns are put into use.

If the operator cannot attest under oath that the sights were checked for

accuracy and that the speed measuring system was checked by external means,

the laser readings should not be admitted into evidence. §

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VASCAR

VASCAR is an acronym for Visual Average Speed Computer and Recorder. It

is nothing more than a computing device that reports your speed based on the

time it takes a vehicle to cover a measured distance.

VASCAR is no diﬀerent from clocking your speed with a stopwatch and a

time/distance chart (common when aircraft are used for speed enforcement).

Errors are sometimes traced to:

e operator's angle of view•

e operator's reaction time•

Using too short a distance to clock target vehicles •

VASCAR is not commonly used in most states. Its one major appeal to law

enforcement agencies is that it is not detectable, detectability being a weakness

of radar and to a lesser degree, laser devices. §

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Pacing

Just as the name implies, "pacing" is simply when an oﬃcer attempts to match

the speed of a target vehicle with the speed of his vehicle and then note the

reading on his speedometer. A commonly raised issue is the accuracy of the

police car speedometer and its last testing and calibration.

Pacing is an inexact speed estimation technique, but is accepted by the courts.

Possible challenges include:

Showing the impossibility of a reliable pace given the time/distance involved•

Witnesses who corroborate the defendant's innocence (such as other passengers)•

Demanding documentation of the oﬃcer's training and skill in the practice •

of pacing

Challenging the accuracy of the speedometer in the police car•

Vehement and sincere denial of the pacing claims can be eﬀective, given the

lack of precision and possibility of error. §

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Visual Estimation (1 of 2)

Visual estimation is based on the premise that a police oﬃcer can accurately

estimate the speed of a vehicle by simply observing it.

ere is no credible scientiﬁc support for this technique, but many courts

accept visual estimation as a reliable means to estimate vehicle speeds.

However, some jurisdictions do not allow visual estimation to stand as the sole

source of speed evidence and they require other conﬁrming evidence.

Many oﬃcers claim to have received training in visual estimation and to have

achieved high levels of proﬁciency.

If you believe visual estimation will be a factor in your trial, then ask, through a

Request for Discovery, for actual documentation of that training and the

oﬃcer's recorded performance.

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Visual Estimation (2 of 2)

Also ask for documentation that veriﬁes the scientiﬁc validity of using visual

estimation to determine speed.

If this documentation is not provided, make a motion to the court that the

visual estimation not be admitted into evidence.

e courts may not always accept this motion. However, note that if the

documentation is requested through formal Discovery, the odds of the

motion being successful are much higher. §

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Other Speed Measuring Devices

Vehicle speeds are also measured through less well-known devices, most of

which employ a time-over-distance system. Highway agencies have long used a

magnetic loop system, embedded in the pavement, to count vehicles and

measure their speeds. Similar systems are employed with some ticket cameras.

ere are also modern versions of the old pneumatic tube devices where vehicle

speeds were determined by measuring the time from when a tire hit the ﬁrst

tube until it struck the second tube, which were set apart at a speciﬁc distance.

e newer technology replaces the pneumatic tubes with light beams.

All of the time-over-distance systems have the advantage of not being

detectable. However, they are all susceptible to human operational error.

ese errors are similar to those made while operating VASCAR devices. e

distances between the two beams may be incorrect, other vehicles may confuse

the readings, and the distance over which a speed was manually clocked may be

too short in relation to error introduced due to reaction time. §

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Speed Enforcement By Aircraft (1 of 3)

e use of aircraft for speed enforcement is primarily a psychological strategy,

employed by enforcement agencies to give the impression that the police are

"everywhere" and that there is no way to escape the watchful eye of the

omnipotent state highway patrol.

e fact is, there are very few tickets issued as the result of air patrols.

Along with being awkward and limited in function, air patrols are

extremely expensive.

An oﬃcer on the ground with a radar gun can patrol his area, assist stranded

motorists, work accident scenes, assist other oﬃcers in need, and still catch up

on his paperwork.

e hourly cost of his vehicle and fuel are probably a tenth of that of an aircraft

patrol.

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Speed Enforcement By Aircraft (2 of 3)

Should you win the lottery and get an aircraft patrol speeding ticket, do not be

awed by the Buck Rogers aura that surrounds these tickets.

First, the vehicle speed is determined by measuring the time it took the vehicle

to travel a known distance between two observable points, usually lines painted

on the highway. ere must also be a chase car on the ground that can

apprehend the alleged speeder.

is system is rife with potential errors.

Timing errors, visual perception errors, vehicle identiﬁcation errors, and

communication errors between plane and ground vehicle occupants are

major examples.

As is the case whenever separate oﬃcers are involved with clocking a vehicle

speed and issuing a ticket, the person in the plane who measured the vehicle

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Speed Enforcement By Aircraft (3 of 3)

speed, the person who conveyed the information to the ground vehicle, and the

oﬃcer who actually issued the ticket must all attend the trial of the defendant.

Note: e State of California occasionally employs aircraft patrols. However,

California law does not permit the measurement of point-to-point vehicle speeds.

Oﬃcers using aircraft have claimed that they "paced" a defendant's vehicle with

their aircraft.

For many reasons, this is not a credible claim.

Air speed is not comparable to ground speed. Vertical inclines and declines,

curves, and visual perception make it literally impossible to accurately measure

ground vehicle speeds from an aircraft, by pacing. §

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Gather Information Speciﬁc To Your Case

You'll need information to win your case. ere are both formal and informal

methods for gathering information. ey include:

Requests or Motions for Discovery•

Open Records or Public Records Requests•

Interrogatories•

Depositions•

Subpoenas•

Do not rely on courthouse personnel to help you; they are typically as

unhelpful as possible.

eir standard line when asked for help or information is "We do not provide

legal advice." eir unspoken objective is to discourage defendants from

ﬁghting traﬃc tickets. is observation has been made thousands of times and

never has it been denied. §

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Discovery Request (1 of 4)

A Request for Discovery is an information request you make to the prosecutor,

usually an Assistant District Attorney. If you were cited for speeding, you may

want to know the kind of speed measurement device the oﬃcer used, and/or

review the oﬃcer's training records.

A simple written request, preferably sent via registered mail to the District

Attorney's oﬃce, is usually suﬃcient to exercise this inquiry.

Some states mandate that certain kinds of information must be released to a

traﬃc ticket defendant who makes a Request for Discovery. e release of the

information is not optional.

Other states speciﬁcally relieve the prosecution from any responsibility to fulﬁll

a discovery request. However, even in these states you can still ask and many

times you will receive at least some of the items you requested.

Denying Discovery to traﬃc ticket defendants is somewhat a double-edged

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Discovery Request (2 of 4)

sword. Discovery is one way a defendant alerts the prosecution to issues he or

she may raise. However, note that contrary to TV and movie versions, trials are

not intended to be "gotcha" contests.

e prosecution is not supposed to withhold information that would be

beneﬁcial to the defendant and the defendant cannot show up on trial day and

ask for reams of documentation that was never mentioned prior to trial.

Reasonable access to Discovery allows the defendant to develop a credible

defense that doesn't waste the court's time.

It also allows the prosecution the opportunity to gather the documentation that

the defendant is demanding.

e court will not hold the prosecution responsible for providing documen-

tation if the defendant has not made his demand for documentation known

well before the trial commences.

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Discovery Request (3 of 4)

Requests for Discovery should be conﬁned to materials of value in the

development of a defense. Discovery should not be viewed as a means to harass

the prosecution.

In the real world, the prosecution will ignore an excessive Request for

Discovery and the court will support that decision.

A defendant should be able to explain why he or she wants the information

requested. If that information has a real bearing on the trial, most judges will

support a defendant's request.

For a typical speeding ticket involving a radar-generated ticket, a Request for

Discovery would include the make, model and serial number of the radar unit

used.

Also, the maintenance and calibration records for the radar device should be

requested along with documentation of the oﬃcer's training with radar in

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Discovery Request (4 of 4)

general and speciﬁcally the model of radar he used to measure your speed.

Often the oﬃcer writes notes on the back of his copy of your ticket; ask for a copy

of the back of the ticket, any other relevant notes made by the oﬃcer, and the

incident report for your stop. You may also ask for the exact location of the oﬃcer

when he clocked your vehicle, and the location of your vehicle at that time.

ese are the basics, but depending on your situation and the jurisdiction,

there may be other important items to add to your list.

For example, in California you may want a copy of the traﬃc engineering study

that established the speed limit on the road you were traveling and were cited

on. ese studies are not required on all roads, but some roads must have them,

and the speed limit must reﬂect the results of that survey. If this requirement is

not met, speeding tickets are invalid if radar, laser, or other electronic devices

are used to measure vehicle speeds. §

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Motion For Discovery

A Motion for Discovery diﬀers from a Request for Discovery because a motion

is made directly to the court, not the prosecutor. In your motion, you must

justify your reasons for requesting certain information; the court will decide if

your request has merit.

If the Court determines that your request is legitimate, it will order that the

information be given to you. e prosecution can object to your motion and the

court could order a hearing to argue the motion for discovery.

If your state law mandates that certain items be given to you and they aren't, or

the court orders that certain items be given to you and they aren't, you can ask for

a Motion to Dismiss for failure to provide discovery and it's likely the motion will

be granted.

However, if no mandate exists and the court has not ordered that certain items be

given to you, it's unlikely you'll be given a dismissal. Often, the court will grant the

prosecution a continuance to provide more time to provide the requested material. §

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Public Records Request (1 of 2)

Public records laws are called diﬀerent names in diﬀerent states, but their intent

is to make public records available to all citizens. In general, these laws mandate

that public records be released to anyone who makes a request.

Certain records, such as medical or tax records, may be protected by privacy

laws and are not available through a simple request. However, you can usually

obtain the follow items through a public records request:

Radar equipment maintenance records•

Calibration records for breathalyzers•

Training certiﬁcates for speciﬁc oﬃcers•

Public Records Requests are independent of the court and your trial, and

the failure of an agency to provide requested records will not automatically

result in a dismissal of charges.

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Public Records Request (2 of 2)

Remember, this procedure is for the purpose of obtaining existing records. It

cannot be used to force the government to create new records.

You should be able to ﬁnd a copy of your state's public records law(s) online or

at your local library.

Generally, a public records request is made to the agency you believe holds the

records you want. is is usually the police agency that issued you a citation.

For best results, make the request in writing and cite the public records

state statutes that give you the right to request the information you seek.

ere may be reproduction cost fees for the materials you want, but the law

usually requires that they be "reasonable."

You may also want to request that the agency certify the documents to be valid

copies of the originals. §

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Interrogatory

An interrogatory is a written request to the prosecution for information related

to your case.

For example, if you want to know where the oﬃcer was sitting when he or she

clocked you with radar/laser, you could ask that question and perhaps include

a map of the general area where the oﬃcer could mark his or her location when

he or she observed your vehicle.

If your request appears reasonable and has a bearing on your defense, it will most

likely be honored. §

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Deposition

A deposition is a formal meeting, with a court reporter, where the defense

and/or prosecution may question witnesses who are under oath.

is is a very expensive and time-consuming procedure, and it is not often

employed in traﬃc ticket cases. §

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Subpoena

A subpoena is a court order to appear or bring information to a court proceeding.

e target of the subpoena can object to the order, and a "case within a case"

can develop that deals solely with the subpoena.

A subpoena has to be personally "served" on the party being ordered to produce

information or testimony. Anyone can serve a subpoena, as long as they are

not directly involved in the litigation.

Along with the expense, another downside of subpoenas is that the

information is usually not produced until the time of trial.

For purposes of developing a defense, it is desirable to have all relevant

information well before your trial. §

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What Is A Continuance?

Requesting a continuance simply means that you are requesting that your court

date be pushed back to a later date. e prosecution, or the defense, may re-

quest a continuance for any of several reasons.

e following are all acceptable reasons in most courts for requesting that

your court date be extended:

Work conﬂicts•

School schedules•

Health problems•

Vacations•

e need for more preparation time•

ere are many good reasons to request a continuance, but there are also some

downsides. We'll cover both over the next couple pages. §

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Reasons To Consider A Continuance

Good reasons to request a continuance:

It allows more time for the police or the court to respond to your 1.

information requests.

It gives you more time to do the research you need to prepare your defense.2.

It decreases the chances of the oﬃcer being available to testify against you, 3.

which should result in a dismissal.

It decreases the chances of the oﬃcer remembering speciﬁcs about your 4.

traﬃc stop, which increases your chances of winning. §

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Downsides To Requesting A Continuance

Downsides to requesting a continuance:

It prolongs an irritating experience.1.

Requesting a continuance may eliminate your right to a "speedy trial" if 2.

your state has a speedy trial requirement.

Requesting a continuance as a delaying tactic will make it harder to get 3.

another continuance if you really need one.

If you have been granted a continuance, the prosecution will ﬁnd it less 4.

diﬃcult to get a continuance if the arresting oﬃcer cannot attend the trial

on the appointed date. §

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How To Request A Continuance

You can request a continuance by contacting the court, via the court clerk, and

explaining why you need it. is can be done by mail, telephone, or in person.

We recommend using registered mail so you will have proof that your

request was sent and received.

e burden is then on the court to respond. It's best to make a request for a

continuance at least two weeks in advance of the trial date.

e court does not have to grant continuance requests, but usually you'll be

granted at least one request to move the date.

Note: If you do not have a ﬂexible schedule, but you can make your ﬁrst trial,

you may not want to risk having it moved to a date that you cannot make.

If you don't show up, you will be found guilty! §

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Consider Making A Pre-Trial Motion

Perhaps, based on your research of the law or some other event, you need to

seek a decision from the judge prior to the trial. e prosecutor may be

refusing to give you information you are entitled to, or you have compelling

evidence that unequivocally proves your innocence.

You can make a written motion to the court (judge) to seek his or her

intervention.

In the latter case you can ask the judge to dismiss the charges against you

because you have three witnesses and formal documentation that you were not

in the country at the time of the alleged violation.

If your state has a "speedy trial" statute and you have not had a trial within that

timeframe (and you did not cause the delay by requesting a continuance), you

can make a motion for dismissal for lack of a speedy trial.

e prosecutor can object, or concur on these motions, and the judge can act

immediately or wait until your trial date to rule on your motion. §

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Volume 1 Conclusion

We hope that this information provides you with guidance and serves as an

incentive to plead "not guilty" and ﬁght that ticket. We also hope that you will

join and support the National Motorists Association.

One of our most important goals is to rid our country of the traﬃc ticket

industry and public policies that use traﬃc laws for revenue generation.

When we take the money out of traﬃc enforcement we will be on the road to

safer highways and a more ethical society.

If you would like more information on how to ﬁght your ticket, in particular

how to handle pre-trial negotiations, develop a solid defense, and represent

yourself in court, continue on to Volumes 2 & 3 of this ebook. §

Fight That Ticket!

Winning Strategies

for Fighting

Trafc Tickets

Written by the National Motorists Association

VOLUME 2 OF 3

Volume 2 Table of Contents

Taking Your Case To Court .................................... 1

Learn Basic Courtroom Procedures ........................ 6

Prepare Your Defense ............................................ 11

Dealing With Errors On Your Ticket .................... 13

Introduction: Fighting A Radar Ticket ................. 17

Common Radar Errors ......................................... 19

Fighting e Typical Radar Ticket ........................ 28

Time-Over-Distance Calculations ........................ 35

Defense Of Necessity ............................................ 41

Fighting Automated Photo Tickets ....................... 44

Rules Of Evidence For Beginners .......................... 54

Trial By Declaration ............................................. 61

e Pre-Trial Conference ...................................... 65

e Trial & Appeal Process ................................... 71

Common Detours & Unexpected Obstacles ......... 75

How To Deal With A Hostile Judge ..................... 83

What If I Lose My Case? ...................................... 85

Version A.1b

is publication is protected under the U.S. Copyright Act of 1976 and all other

applicable international, federal, state, and local laws. All rights are reserved, including

resale rights. is ebook shall not be distributed or sold to other persons or parties.

If you received this publication from anyone other than the National Motorists

Association (NMA), you have received a pirated copy.

Please note that much of this publication is based on ﬁrst-hand experience and anecdotal

evidence. Although the NMA has made every reasonable attempt to achieve complete

accuracy of the content of this ebook, we assume no responsibility for errors or omissions.

You should use this information as you see ﬁt, and at your own risk. Your particular

situation may not be suited to the examples illustrated here.

Any trademarks, service marks, product names, or named features are assumed to be the

property of their respective owners, and are used only for reference. ere is no implied

endorsement if one of those terms is used in this ebook.

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Taking Your Case To Court (1 of 5)

In Volume 1 we discussed a range of issues, all intended to aid your

preparation for challenging a traﬃc ticket in court.

Not only will this preparation greatly improve your chances of success at trial,

but it will also give you a much better foundation to plea-bargain your ticket,

should you decide to explore that possibility.

A trial is a win-or-lose proposition. A plea bargain is a compromise

involving give and take.

Many traﬃc ticket defendants are willing to pay a ﬁne, but they resist having

points assigned against their driving record. Many prosecutors are primarily

interested in disposing of as many cases as possible without going to court,

while still generating as much money as possible.

Obviously, there is common ground here.

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Taking Your Case To Court (2 of 5)

e typical trade-oﬀ is that the defendant agrees to change his plea to guilty

and, in exchange, the prosecutor arranges an outcome where no points are

assigned to the defendant's driving record, but the ﬁne is still assessed.

In some court systems this process is quite formalized and almost automatic.

e defendant pleads guilty and the court gives "deferred judgment" which is

legal jargon that says no points if you don't get another ticket within a set

period of time.

Another common approach is to allow attendance to "traﬃc school" which

excises the points that would otherwise be assessed against the defendant's

driving record.

Both deferred judgment and traﬃc school options are devices to entice

defendants NOT to take their tickets to trial. ey have a long history of

being quite eﬀective in that regard.

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Taking Your Case To Court (3 of 5)

However, many states and local jurisdictions do not oﬀer the options of

"deferred judgment" or traﬃc school.

Plea bargain opportunities typically arise at three diﬀerent stages.

e ﬁrst is when you appear for arraignment. e arraignment date is the date

on your ticket; your trial date will be set for a later time, after you plead

not guilty.

Often the prosecutor or judge will try to "encourage" defendants to plead

guilty, or no contest, in exchange for a point reduction or lower ﬁne. Many

defendants take this oﬀer.

e second opportunity to plea-bargain is the pre-trial conference (if one is held).

is is a conference between the prosecutor and the defendant where a compromise

is attempted. If the pre-trial conference is not held prior to the trial, another plea

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Taking Your Case To Court (4 of 5)

bargain attempt may be made immediately preceding the trial. If the prosecutor

is knowingly missing his one and only witness, the police oﬃcer, he will be much

more generous with his plea bargain oﬀer.

He knows that if the case goes to trial he will lose for lack of a witness.

It should be noted that deferred judgment and traﬃc school options, where

available, are still frequently granted to defendants who do go to trial and lose.

Many states aﬀord traﬃc defendants the right to have their case heard before a jury.

By requesting a jury trial whenever possible, you accomplish two things. First, a

decision by a jury of your peers eliminates the possibility of facing a judge who

may be predisposed to ﬁnding traﬃc defendants guilty. Second, the cost of a

jury trial greatly raises the ﬁnancial commitment by the local jurisdiction; the

prosecution may be even more motivated to reach a negotiated settlement with

you to avoid this ﬁnancial burden.

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Taking Your Case To Court (5 of 5)

A very small percentage of traﬃc ticket recipients ever go to trial. However, a

well-kept secret is that many of them prevail, or obtain results far better than if

they had just rolled over and paid their ﬁnes and taken their points.

e diﬀerence between the winners and the losers is called "preparation."

In Volume 3 of this ebook we have included a sample trial script, or guide to

show some of the strategies that a pro se defendants (people who defend

themselves) might use in a typical speeding ticket trial where radar was used to

measure the defendant's speed.

e purpose is not to give you a word-by-word script to be repeated in court, but

rather to assist you in developing a strategy that ﬁts your set of circumstances.

However, do not jump ahead to this script without ﬁrst reading the following

material. e sample trial script will be more confusing than helpful if you do

not ﬁrst digest the explanatory material that follows. §

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Learn Basic Courtroom Procedures (1 of 5)

Find out when traﬃc court is in session and stop by to observe how the court-

room functions and how the various players – attorneys, clerks, police

oﬃcers, and the judge – interact with one another.

Pay attention to the formalities and repeated procedures. You are not likely to see

many trials. Most cases are plea-bargained in advance of the trial.

Take special note of how the judge treats pro se defendants versus the

attorneys who represent clients.

is process of observation will most likely keep you from being totally

overwhelmed by the strange and intimidating environment of the courtroom.

Learn the basic procedures for presenting your case in court. e police oﬃcer

will testify ﬁrst, and any other prosecution witnesses will follow. You are allowed

to cross-examine the police oﬃcer and any other witnesses against you.

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Learn Basic Courtroom Procedures (2 of 5)

You need to know whether your violation is considered criminal or civil,

because court procedures are diﬀerent for each situation.

e defendant has more rights and the system is more formalized in a criminal trial.

If there is more than one prosecution witness – for example, one oﬃcer clocked

your speed, but another issued you the citation – you can ask the court to seques-

ter the witnesses so they cannot hear one another's testimony, to prevent them

from coordinating their stories to ﬁt the facts and prevent contradictions. e

judge will normally grant this request.

is brings us to the subject of "hearsay" evidence. Hearsay evidence is

generally not allowed in a criminal or quasi-criminal trial, such as a traﬃc

ticket trial. Hearsay is when one witness testiﬁes to what another person

witnessed or experienced.

In our example of the one oﬃcer clocking the vehicle and the other oﬃcer

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Learn Basic Courtroom Procedures (3 of 5)

issuing the citation, the clocking oﬃcer cannot testify to who was driving the

car and the issuing oﬃcer cannot testify to the vehicle's speed or how the speed

was determined.

Even though the two oﬃcers exchanged this information, neither can testify

about what the other witnessed ﬁrsthand.

But don't expect a judge to jump in and prevent hearsay testimony; it's

the defense's responsibility to object.

When the prosecution has completed its case it is your turn to present your

defense.

is can consist of you making a motion for dismissal to the court, where you

point out that the prosecution failed to prove your guilt and you explain why the

testimony and evidence against you were deﬁcient or inadequate in this regard.

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Learn Basic Courtroom Procedures (4 of 5)

However, if you wish to introduce new evidence that proves your innocence, you

must testify on your own behalf, or bring in witnesses to testify on your behalf.

If you choose to testify, the prosecution is entitled to cross-examine you.

ere are common pitfalls of court procedure that ensnare inexperienced

pro se defendants.

If you have a witness who will testify to your innocence, that witness must

come to court and testify personally. A notarized letter will not suﬃce. Nor can

you testify to what they said or did if they are not there to testify themselves.

Even if you are quite knowledgeable on a subject like radar, and the kinds of

errors it makes, you will not be allowed to exhibit that expertise unless you

yourself are a certiﬁed and accepted expert on radar and radar errors.

Consequently, even if the police oﬃcer is completely ignorant on the subject

of radar errors, it will be very diﬃcult to correct his erroneous statements.

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Learn Basic Courtroom Procedures (5 of 5)

is limitation can be overcome and we'll explain how later in this ebook.

Judges will not automatically intervene if the prosecutor violates a due

process rule. e judge may do nothing until the defendant speciﬁcally objects to

the prosecutor's questions, or the statements of the prosecutor's witness.

If the prosecutor fails to have his main witness (the ticketing oﬃcer) at the trial,

he might ask the judge to grant a continuance of the trial. If the defendant does

not object, the judge might grant the continuance.

If the defendant does object and follows with a motion to dismiss, the judge

will almost always grant the motion to dismiss.

If the defendant admits guilt – a common example is admitting to speeding

over the limit, but just not as fast as the police oﬃcer claimed – he will still be

found guilty, regardless of the degree of the violation. §

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Prepare Your Defense (1 of 2)

is is where you take all the information you've gathered and choose the de-

fense strategy that has the best chance of getting your ticket thrown out.

e prosecution must prove three elements:

1. Your vehicle was at the scene of the alleged violation.

2. You were operating the vehicle.

3. While operating your vehicle, you violated a speciﬁc law.

In most instances the ﬁrst two elements are readily proven.

However, in some cases the failure of the prosecution to prove one of these ﬁrst

two elements results in a dismissal of the traﬃc ticket. For example, the vehicle

may have been misidentiﬁed. Perhaps the arresting oﬃcer lost sight of the

oﬀender's car between the time when he clocked the vehicle's speed and when

he ﬁnally stopped the vehicle.

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Prepare Your Defense (2 of 2)

Of course, if the prosecution fails to produce a witness who can testify to seeing the

vehicle, witnessing the violation and identifying you as the driver, they have no case.

e most common example of this is when the police oﬃcer doesn't show

up for the trial.

If one police oﬃcer identiﬁed your vehicle and observed the violation and

another oﬃcer pursued you and issued you a citation, both oﬃcers would be

required to appear at your trial.

A common ﬂaw of large-scale speed traps is that the oﬃcer(s) doing the speed

clocking are not in a position to conﬁrm that the downstream oﬃcers who are

stopping the supposed violators are in fact stopping the right vehicle.

However, don't expect the oﬃcers to admit that fact. You will have to prove

that it was impossible for them to conﬁrm that the correct vehicle was

actually stopped. §

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Dealing With Errors On Your Ticket (1 of 4)

ere is a common misconception that any error a police oﬃcer makes in the

ﬁlling out of a traﬃc ticket can justify a dismissal of the charges.

is is not the case when the error is a misspelled name, a missing digit on

the plate number, or a failure to check a box referring to the level of traﬃc or

weather conditions.

e court will almost always rule that these kinds of errors are not material to

the charges against the defendant and do not support a dismissal of the charges.

However, there are errors that go to the heart of what the prosecution must

prove to support a guilty verdict.

For example, if the police oﬃcer notes on the ticket that the vehicle involved

in the violation was a blue Ford sedan, but the defendant was actually driving a

white Honda, the judge is almost compelled to dismiss the charges.

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e same would be true if the ticket notation indicated that you ran a stop sign

on Johnson Street when you were actually on Smith Street.

Of course you would have to raise these issues at trial and provide

convincing testimony in support of your claims, but most courts will

accept plausible arguments of this nature.

Another serious error is citing the wrong statute or ordinance for the

actual violation.

For example, if the oﬃcer cites a statute for running a stop sign, when the

actual violation was supposedly running a red light, he has made a substantial

error.

To be found guilty of running a red light you must be charged for violating the

statute that prohibits running red lights, not the statute that prohibits running

stop signs.

Dealing With Errors On Your Ticket (2 of 4)

(continued on next page)

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Even errors that do not constitute material errors by themselves can lay the

groundwork for a dismissal if they are many and obvious.

An oﬃcer who misspells the defendant's name, butchers the address, fails to

provide basic information, and notes the wrong date is signaling a level of

carelessness and sloppy work that could just as easily result in an erroneous

radar reading or pulling over the wrong car.

A well-prepared defendant could win with this argument.

A note of warning:

Traﬃc tickets and the charges they represent can be amended at any time up to

and during the oﬃcer's testimony at trial.

Consequently, if the defendant raises a serious ticket error prior to trial, or even

during cross-examination of the police oﬃcer, the prosecution can amend the

Dealing With Errors On Your Ticket (3 of 4)

(continued on next page)

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ticket and the charges, and the judge will likely accept the amendment.

We have encountered this situation with increasing frequency when the

defendant has clearly proven that an oﬃcer improperly used a radar or

laser device, or that the device was not inspected and calibrated according

to legal requirements. e oﬃcer then amends his statement (and what he

wrote on the ticket) and claims he measured the speed of the vehicle using

visual estimation.

However, this prosecutorial tactic can be overcome and the way to do so will be

discussed later. §

Dealing With Errors On Your Ticket (4 of 4)

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Introduction: Fighting A Radar Ticket (1 of 2)

On a sunny Monday afternoon, you are driving from your home to a nearby

community. As you enter the outskirts of town, you begin to decelerate from

highway speeds.

As you round a corner, you notice a police car parked oﬀ the road on a side

street, just behind a tree and a few bushes. As you pass by the police car, you

detect a ﬂurry of activity and a block later the police car is behind you with

lights "ablazin'."

e oﬃcer walks up to your car and asks you if you know why he stopped you.

You stammer something about not knowing why he stopped you and he replies,

"I clocked you on my radar going 39 miles per hour in a 25 mph zone."

He then takes your license, walks back to his car to check your record and

eventually returns with a ticket for speeding.

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Introduction: Fighting A Radar Ticket (2 of 2)

Seems pretty hopeless, doesn't it?

You aren't positive just how fast you were going, but you know you weren't

speeding in the sense of driving too fast for conditions, or in any way that could

be described as "reckless."

Yet, the oﬃcer says he clocked you on radar and a radar reading is proof positive

of your speed.

e situation isn't as hopeless as you might ﬁrst suspect.

First, let's consider some of the more typical errors made by radar operators. §

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Common Radar Errors (1 of 9)

Vehicle Identiﬁcation Errors

e most common radar error is for the radar operator to assign the speed

he/she sees on the radar screen to the wrong vehicle.

e radar beam quickly increases in width and within a short distance

it will encompass all contiguous lanes of a highway and even adjacent

roadways.

e vehicle with the largest most reﬂective surface is likely to dominate the

radar reading. However, a smaller, but nearer, vehicle can present a more

dominant target.

Shape, surface, and distance all inﬂuence to which vehicle the radar device will

"lock on."

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Common Radar Errors (2 of 9)

Vehicle Identiﬁcation Errors (continued)

A common example of this error is when the radar operator targets a standard

automobile which is followed at some distance by a large truck.

Even though the automobile may be much closer and the truck is trailing at a

signiﬁcant distance, it is the truck's speed that is being recorded by the radar

device.

Consequently, Radar should not be used where multiple vehicles are simultaneously

within the radar beam. §

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Common Radar Errors (3 of 9)

Shadowing Error

Moving radar actually employs two radar beams.

One radar beam measures the closing speed between the patrol car and the tar-

get vehicle. For example, if the approaching target vehicle is traveling 60 MPH

and the patrol car is traveling 60 MPH the closing speed will be 120 MPH.

To determine the actual speed of the target vehicle a second radar beam is fo-

cused on the roadway immediately in front of the patrol and thereby reads the

patrol car speed. is speed is subtracted, by the radar device, from the closing

speed thus resulting in the target vehicle speed.

e radar device displays the target vehicle speed and the patrol car speed. e

operator should always compare his speedometer reading with the radar reading

of his patrol car's speed. Failure to do this can result in shadowing error.

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Common Radar Errors (4 of 9)

Shadowing Error (continued)

Shadowing error occurs when, for various reasons, a radar beam measuring the

patrol car's speed malfunctions. e most common situation is when the radar

beam tracks a vehicle in an adjacent lane, instead of stationary objects, this results

in the radar device being given an incorrect reading that claims the patrol car is

going very slowly, or even stopped. Consequently, an incorrect amount of speed is

subtracted from the closing speed between the two vehicles.

Normally this error would be so large that a competent radar operator would

know some kind of error was distorting the error, and note the diﬀerence between

the speedometer reading and the radar reading for his vehicle.

Still, many radar operators are inclined to believe the radar reading, even if their

eyes see something entirely diﬀerent. If the shadowing error was transient the

conﬂict with the speedometer reading would disappear. §

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Common Radar Errors (5 of 9)

Cosine Error

Radar guns, and laser guns, measure the speed of the closing distance between

the gun and the vehicle. ey can make a speed measurement of vehicles

coming toward them or going away from them.

If the target vehicle is traveling at an angle to the radar/laser operator, say

the operator is hiding in some bushes 50 yards oﬀ the roadway and clocking

passing traﬃc, the factor of cosine error is introduced.

Normally, cosine error results in lower than actual speeds and therefore is to

the advantage of the motorist.

For example, if the radar operator was at a 20 degree angle to the path of a

target vehicle traveling 50 MPH the actual radar reading would be 46 MPH.

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Common Radar Errors (6 of 9)

Cosine Error (continued)

In the extreme, if the angle was 90 degrees the radar reading would be zero MPH

regardless of how fast the vehicle was traveling. At 90 degrees the target vehicle is

getting neither closer nor further to the radar device, hence, no closing speed.

One situation where cosine angle can work against the motorist is when a

radar gun is adjusted to accommodate its being used at a severe angle.

is is done where radar is used in conjunction with photo radar ticket camera

installations. e radar device is adjusted to read accurately at a severe angle.

at means if it is used to measure speeds of vehicles directly in line with the

radar beam the speed readings will be much higher than the actual speeds. is

error comes into play when the ticket camera vans and their radar guns are

situated in such a manner that the radar beam is at a lesser angle than the angle

intended to accommodate the cosine error. §

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Common Radar Errors (7 of 9)

Beam Reﬂection Error

It's fairly common knowledge that radar beams reﬂect oﬀ of solid objects. Not so

common knowledge is that a radar unit can obtain readings from reﬂected beams.

A radar gun pointed at a near-by large metal sign can send out a beam that hits

and reﬂects oﬀ the sign, then hits a moving vehicle that reﬂects the beam back at

the sign where it is reﬂected back at the radar gun. e closing speed is calculated

and a speed is displayed.

e operator thinks he is reading the speed of an approaching vehicle when in

fact he is reading the speed of a vehicle behind him. Unlike certain other radar

errors, there is no way to easily detect this kind of error.

e cure for beam reﬂection error is not to use radar in close proximity to

reﬂective surfaces. §

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Common Radar Errors (8 of 9)

Radio Interference

Police and CB radios can cause a false reading on a traﬃc radar unit.

Radio transmissions from within a patrol car cause false readings known

as ghosting.

For a proper radar reading, an oﬃcer must not transmit on any radios for the

duration of the encounter.

Modern radar guns typically display warnings when they are being inﬂuenced

by external electro-magnetic forces, radio waves, and similar factors, but these

interferences can be transient and intermittent.

ey can generate an erroneous speed reading with no evidence before or after

the reading is noted. §

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Common Radar Errors (9 of 9)

Fan Interference

A patrol car's heater fan can alter the reading of radar units, since the radar

tends to pick up the pulses of a heater or air conditioner fan.

is interference will usually disappear when the radar receives a strong

reﬂection from a target vehicle. §

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Fighting e Typical Radar Ticket (1 of 7)

Let's look at the testimony the police oﬃcer will give at your trial.

As the lead witness for the prosecution, the oﬃcer will testify that he observed

your vehicle entering the Village of Podunk and he estimated your speed to be

40 miles per hour.

He activated his radar device, clocked your vehicle for three seconds and locked

your speed in at 39 miles per hour.

He will also attest to his training and skill with a radar device and assure the

court that he is an expert in radar operation.

Now, let's return to the steps you can take to develop a strong defense to

this, the most typical of speeding tickets.

You should return to the scene of the crime with a camera, a 100-foot tape or

similar measuring device, and a friend to help you.

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Fighting e Typical Radar Ticket (2 of 7)

Park your car where the police car was parked and determine where he could

have ﬁrst seen your vehicle. (Remember, you asked for this information in your

request for discovery.)

Take a photograph that captures the scene. Also take photographs of signs,

utility lines, and traﬃc using the same roadway. Take a picture of your car

parked in the same way the patrol car was parked.

Next, you should determine how far your car would travel in the time it took

for the oﬃcer to observe your speed for one second, for two seconds, and for the

three seconds he will have claimed to clock you before locking in your speed.

A vehicle traveling one mile per hour will cover 1.47 feet per second.

To determine how many feet you would travel in one second, at any claimed

speed, you simply multiply 1.47 times the speed.

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Fighting e Typical Radar Ticket (3 of 7)

In this example you would multiply 1.47 times 39, your speed in miles per hour

(then multiply that by the number of seconds).

Be prepared to show the court how you arrived at this distance. Take a photo

that shows where your vehicle would have been at the time the oﬃcer claims to

have "locked in" your speed.

Here's a sampling of the things you might discover from the above exercise:

Metal signs that could have reﬂected the radar signal•

Utility lines that could have caused spurious signals•

Traﬃc patterns that could have caused another vehicle to trigger the oﬃcer's •

radar reading

e fact that the distance you would travel, according to the time sequence •

the oﬃcer is likely to testify to, would result in serious cosine errors

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Fighting e Typical Radar Ticket (4 of 7)

e cosine error will prove to be very troublesome for the prosecution.

Here's why:

Let's assume that you determine that the earliest the oﬃcer could have seen

your car was when you were 260 feet away. At 39 mph your vehicle would be

moving at 39 x 1.47 feet, or approximately 57 feet per second.

Assume at least one second for the oﬃcer to see your vehicle and engage his

radar device, added to the three seconds he will claim to have clocked you, or

four seconds total, during which you will have traveled 228 feet.

is puts you only 32 feet from the oﬃcer's car at the time he "locked in" your

speed from his side-street hiding spot. e angle of his radar beam to your

direction of travel would result in a very serious cosine error.

You would have to be going 90 mph to register a 39-mph reading on a radar

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Fighting e Typical Radar Ticket (5 of 7)

device at this type of angle. e oﬃcer will have already testiﬁed that he

estimated your speed at 40 mph, therefore no one will seriously suggest you

were actually going 90 mph!

Radar operator manuals include cosine error tables as well as descriptions of

cosine error. We've also included cosine error tables in Volume 3 of this ebook.

Here's what really happened when the oﬃcer clocked your vehicle.

He waited for the ﬁrst glimpse of a vehicle and triggered his radar device; the

number 39 popped up instantaneously.

e truth is, the "39" could have been a reading from his heater fan, another

vehicle he didn't immediately notice, or a reﬂected reading oﬀ of a metal sign

that captured the speed of a vehicle in the opposite direction.

He really doesn't know.

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Fighting e Typical Radar Ticket (6 of 7)

But what he does know is that the script to uphold a radar reading in court

requires that he claims to have "observed you speeding, estimated your speed,

and veriﬁed his estimation with a radar reading of at least 3 to 5 seconds."

In more cases than anyone wants to admit, there was no radar reading of merit, just

the oﬃcer saying he had a radar reading in order to intimidate the ticket recipient.

A combination of court requirements and proven radar operation procedures

has evolved to protect motorists from bogus radar-based tickets.

e scripts the police use when testifying are designed to fulﬁll the requirements

of these cases and radar operator requirements spelled out in oﬃcial training

manuals.

Police oﬃcers often forget that hard facts, easily proven, can dismantle

contrived testimony.

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Fighting e Typical Radar Ticket (7 of 7)

By using "discovery," "public records" laws, and the other methods explained in

Volume 1, you can assemble enough information to have a good idea of what

the oﬃcer is actually going to testify to during your trial.

Attending a previous court hearing will also give you a good idea of the local

script being used by police oﬃcers who are testifying in radar cases.

You can use their own testimonies to undercut the prosecution's case.

When you prove to the court that what the oﬃcer has testiﬁed to is physically

impossible or technically in violation of proper radar operation procedures, the

prosecution's case will be seriously compromised. §

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Fighting Time-Over-Distance Calculations (1 of 6)

Many speeding tickets are issued as the result of motorists being clocked with

devices that measure how fast a vehicle covers a known distance.

e most common time-over-distance speed measurement devices are VASCAR

and ACCUTRAC. However, even a radar-based citation may prove vulnerable

to a defense that involves time-over-distance calculations.

Because many judges and district attorneys are uncomfortable with mathematical

calculations, it is important for the well-prepared defendant to present math-based

arguments in the simplest of terms.

We will start from the end and work backwards.

As described earlier, a vehicle moving one mile per hour will cover 1.47 feet

in one second. To determine how far a vehicle will travel in one second at a

speciﬁc speed, just multiply that speed by 1.47 feet.

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Fighting Time-Over-Distance Calculations (2 of 6)

If a vehicle is traveling at 60 mph it will cover 88 feet in one second. Obviously,

it will cover 176 feet in two seconds, etc.

If you are trying to determine how many seconds it would take a vehicle to cover

a known distance in feet at a speciﬁc speed, just divide the known distance by the

known speed and divide the result by 1.47 feet.

For example, a vehicle traveling 60 mph will cover 300 feet in 3.4 seconds.

e calculation to arrive at that time is the following:

1) Convert speed into units of feet per second

60 mph x 5280 feet/mile x 1 hour/3600 seconds = 88 feet per second

2) Divide the known distance (in feet) by the speciﬁed speed (in feet/second)

300 feet / 88 feet per second = 3.4 seconds

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Fighting Time-Over-Distance Calculations (3 of 6)

If you are challenged on the validity of the 1.47 feet-per-second ﬁgure, you

can prove its validity in very simple terms.

ere are 5280 feet in one mile. (is should be common knowledge but it can

be proven with most any reference book, even a standard dictionary.) A vehicle

traveling one mile per hour will cover 5280 feet in one hour. Even slow learners

should understand this.

ere are 60 minutes in one hour, so a vehicle traveling one mile per hour will

travel 1/60th of that distance in one minute, or 88 feet.

ere are 60 seconds in one minute, so a vehicle traveling at one mile per hour

will cover 1/60th of that distance in one second, or approximately 1.47 feet.

You could also state that there are 3600 seconds in one hour and divide that

number into 5280 feet and the result would be the same, 1.47 feet.

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Fighting Time-Over-Distance Calculations (4 of 6)

Once the court accepts and understands the source of these numbers, you

can apply them to your defense.

If you receive a VASCAR ticket, you should obtain (and you are entitled to) a

description of the distance over which you were clocked, the time it took your

vehicle to cover that distance, and the speed you are charged with traveling.

If the citation or incident report claims you covered 300 feet in 4.2 seconds,

and you are being charged with speeding at 60 mph in a 50 mph zone, you

can readily verify the accuracy, or lack thereof in this case, of the speed you

were allegedly traveling.

At 60 mph you would have traveled 370 feet in 4.2 seconds, not 300 feet.

However, at 50 mph you would have traveled 309 feet, indicating that you

were driving within the speed limit.

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Fighting Time-Over-Distance Calculations (5 of 6)

Even if your calculations indicate the error was in the opposite direction, that

your speed was underestimated, the speed-reading is still faulty, and so it should

still be disallowed as evidence against you, thereby eliminating the prosecution's

principal evidence against you.

In other cases involving radar or pacing, time-over-distance calculations

can prove serious inconsistencies in the oﬃcer's testimony.

If the oﬃcer testiﬁes that he clocked your vehicle for ﬁve seconds and you were

going 80 mph, you can prove, by using time-over-distance calculations, that the

oﬃcer could not have seen you for more than two seconds, due to a curve or

sign, if you had actually been traveling 80 miles per hour.

Applying what you now know about cosine error you can use time over

distance calculations to undermine the typical testimony of a radar

operating police oﬃcer.

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Fighting Time-Over-Distance Calculations (6 of 6)

He will claim he observed your vehicle traveling at a high rate of speed.

He then visually estimated your speed at 60 MPH. Next, he conﬁrmed his

visual estimation by tracking you with his radar gun and then locked in a

speed of 62 MPH.

is whole process may have taken ﬁve seconds and by using time over

distance calculations the defendant can prove that in ﬁve seconds he would

have been directly perpendicular to the radar operator and the radar reading

should have been zero when the speed was locked in. §

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Defense Of Necessity (1 of 3)

"Defense of Necessity" is a defense strategy that may be applicable under certain

circumstances. Essentially, it is the argument that it was absolutely necessary to

violate the law to avoid harm.

To use this defense successfully, you must show that the harm or evil you

avoided was greater than the harm sought to be prevented by the law you

violated.

For example, the Wisconsin State Statutes deﬁne "Necessity" as follows:

"Pressure of natural physical forces which causes the actor reasonably to

believe that his or her act is the only means of preventing imminent public

disaster, or imminent death or great bodily harm to the actor or another and

which causes him or her so to act..."

For example, there was a Canadian motorcyclist who escaped conviction by

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Defense Of Necessity (2 of 3)

using the defense of necessity, for travelling 129 km/hr in a 60 km/hr zone.

e motorcyclist was riding westbound in the right lane with a car following

closely behind him and the sun in his eyes. He suddenly spotted a car merging

into his lane from an on-ramp, operated by a driver who appeared not to see him.

Two cars on his left blocked him from changing lanes, while the presence of

the car close behind him made the prospect of braking dangerous. He chose

to accelerate past the merging car and adjoining traﬃc, and was stopped by a

police oﬃcer operating radar.

In court, he never denied speeding, and pleaded "guilty with an explanation."

Although the judge sympathized with his predicament, he apparently made

the comment that, "If you drive a motorcycle you must have been speeding

sometime in your life, so you're paying for it now."

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Defense Of Necessity (3 of 3)

Bothered by this unfair remark, the motorcyclist appealed the decision.

e appeals court judge said, "…the only reasonable action or evasive action he

could do was to accelerate," and found him not guilty. e federal government

appealed, but the decision was upheld by the District Court of Ontario.

e courts have total discretion in determining the validity of this defense

argument. If the danger or harm avoided by violating the law was clear, immi-

nent and very serious in nature (death, injury, or extensive property damage)

and otherwise unavoidable, the courts are inclined to recognize a "defense of

necessity."

If these conditions exist, it is advisable to research statutes and case law in

your state to learn how they treat "defense of necessity." §

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Fighting Automated Photo Tickets (1 of 10)

ere are two basic types of ticket camera programs.

e more typical program holds the registered vehicle owner responsible for

the ticket. It does not matter who was driving the car, the registered owner is

responsible for the ticket.

e ﬁnes are usually modest, no points are assessed against the vehicle owners

drivers license and the trial is frequently an informal hearing process with

minimal consideration of due process rights.

e second ticket camera program diﬀers in that the vehicle operator is held

responsible for the violation.

e registered vehicle owner still receives the citation, but the prosecution must

prove the owner, or another person, was driving the vehicle, typically based on

the photo taken at the time of the violation.

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Arizona and Virginia require that the vehicle owner must be personally served

the citation, unless the vehicle owner waives that right by responding to a

mailed notice of the violation.

e State of California does not require personal service of the citation, but

does hold the vehicle operator responsible for the violation. In these states the

ﬁnes are higher, points are assessed against the drivers license, and a persistent

defendant can obtain a semi-legitimate trial.

In the states that require personal service of camera tickets it is prudent to

not respond to any written notice of a violation.

Often, personally serving a citation is too costly and time consuming to justify

the potential return. Instead the unit of government, or ticket camera company,

will attempt to coerce or trick their victims into responding and thereby waive

their right to being personally served the citation.

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Fighting Automated Photo Tickets (2 of 10)

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If you are an out-of-state resident it is very unlikely that you will be personally

served a citation from one of these states.

e states (and Washington, DC) that simply use ﬁrst class mail to notify

the vehicle owner consider this to be a legal and adequate notiﬁcation of the

violation.

Failure to respond will result in some form of judgment against the vehicle

owner.

If you receive a ticket in the mail and the vehicle in the photo is clearly not

yours, the ticketing authority should be notiﬁed accordingly.

Send a certiﬁed letter (with return receipt) explaining the error and perhaps a

copy of your title, indicating the make and model. Keep this documentation if

the need arises to conﬁrm your response.

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Fighting Automated Photo Tickets (3 of 10)

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Possible Defenses:

Ticket camera systems are not infallible. ey can be mistimed, photograph the

wrong car, be improperly calibrated, or otherwise defective. Some states (e.g.

CA, VA, TX, NJ) have state standards that specify minimum yellow light times.

On many occasions local governments ignore these standards. And, as the old

saying goes “a picture is worth a thousand words” but it may take a thousand

words to explain that picture.

Until recently, the courts have not held ticket camera programs to the same

standards required to convict motorists of traﬃc violations.

e prosecution presents a photograph of the defendants car allegedly running

a red light, making a rolling right turn on red, or exceeding the speed limit, and

barring a miracle the defendant is found guilty.

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Fighting Automated Photo Tickets (4 of 10)

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ere has been no opportunity for the defendant to cross examine the

technicians that repair, maintain, or operate the camera equipment or

timing devices.

ere was no opportunity to verify the legitimacy of the evidence (it’s not

exactly rare that photos are manipulated and changed to achieve the desired

eﬀect, especially when money is involved).

is situation may be about to change.

e US Supreme Court recently ruled that defendants have a due process

right to cross examine the persons who test, inspect, maintain, and/or

otherwise oversee devices used to generate evidence presented at trial.

is issue arose in a criminal trial but there is reason to believe the same

standards would apply to traﬃc cases, given their quasi criminal nature.

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Fighting Automated Photo Tickets (5 of 10)

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Further, a California Appeals court, even more recently, found that defendants

dealing with camera tickets have the right to cross examine the persons who

operate and maintain the ticket camera system.

e ability to employ this due process right will substantially improve the

balance of power between defendant and prosecutor.

In states where the driver, not the vehicle owner, is held responsible for a camera

ticket, the most common defense is “that isn’t me in the picture.”

is is a natural if the defendant is one gender and the driver is another gender.

e defendant does not have to take the stand. For example, the prosecution

will not be able to prove its case if the photo contains the image of an African

American and the defendant is Chinese.

e prosecution might push the issue and not concede the obvious, hoping the

defendant will take the stand to prove his innocence.

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Fighting Automated Photo Tickets (6 of 10)

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Once on the stand the defendant can be aggressively questioned in an attempt

to learn the identity of the driver.

However, the defendant need not take the stand.

Instead, at the completion of the prosecution’s case, the defendant can make a

Motion to Dismiss based on the fact that the prosecution did not, could not,

prove the defendant was driving the vehicle that violated the law.

In numerous instances, defendants who were suspicious of the yellow light

durations have returned and actually timed the yellow lights, and found they

were not long enough in duration to meet state standards.

You should also issue a request for discovery or a public records request to ﬁnd

out from the locality's traﬃc engineering department what their requirements

are for yellow light duration, to determine if the traﬃc signal in question was in

compliance.

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Fighting Automated Photo Tickets (7 of 10)

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Since yellow light timing should be adjusted based on the typical approach

speed (i.e., average vehicle speed based on free-ﬂowing traﬃc and a green light

at that intersection), you should also request a copy of the most recent traﬃc

engineering study for the area of the intersection in question.

It should be noted there is a recommended federal standard that requires

yellow light durations to be at least three seconds in length. However, most

states will not consider this a mandated requirement, because it is only a

recommendation.

If the yellow light duration doesn’t conform to the state law the ticket should

be dismissed. (You can visit the NMA's www.shortyellowlights.com for more

information about the yellow light measurement process.)

Always study the photo evidence to make sure it is your car and your license

plate in the picture. Also conﬁrm that the photo clearly shows that your vehicle

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Fighting Automated Photo Tickets (8 of 10)

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was in a position of violating the law.

Many times the cameras are positioned in a manner that causes the observer/

reviewer to “assume” the vehicle entered an intersection on a red light.

From a diﬀerent angle or perspective the vehicle might actually have entered the

intersection on a yellow light.

An assumption should not be grounds for a conviction.

Because the public and some elected oﬃcials have caught on the tactic of

shortening yellow lights to create more violations, many local ticket camera

operations have been forced to increase yellow light durations.

In so doing the violations have dropped dramatically, making the ticket camera

operations unproﬁtable. e oﬃcial response has been to switch enforcement to

Right Turn On Red (RTOR) violations.

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Fighting Automated Photo Tickets (9 of 10)

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In California, some cities, now generate 90 percent of their violations and

revenue oﬀ of RTOR violations.

Although RTOR laws all require coming to a complete stop before executing

the turn, almost all drivers simply slow down, yield the right-of-way, and then

make their turn, not quite coming to a full stop.

is is a situation where the law needs to be changed to accommodate an actual

practice which has proven safe and eﬃcient. In the meantime, as a result of

public pressure, RTOR citations are being prohibited or discouraged at some

ticket camera locations.

Other defenses include accommodating emergency vehicles, traﬃc signals

obstructed from view, and being part of a funeral procession. ere are also

some states that allow motorcycles to proceed through a red light if the light

does not change because it does not detect the presence of a small vehicle. §

Fighting Automated Photo Tickets (10 of 10)

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Rules Of Evidence For Beginners (1 of 7)

is section was written by Casey Raskob, a NMA New York activist.

By far the most diﬃcult concepts for the layman to master in a courtroom are

the rules of evidence.

A good lawyer can, at trial, hamstring a less-capable lawyer by using the rules to

his advantage. Evidence is a full-time job, the subject of multi-volume treatises

and week-long courses for attorneys.

To be able to handle this well is akin to knowing how to drive the early

Porsche turbo. Few can do it well, and the rest will just go oﬀ the road

backwards.

Hopefully, we'll be able to keep you on the road.

A courtroom is a crucible. Information is accepted only within strict parameters.

Reliability is paramount. All information must be able to be cross-examined.

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Rules Of Evidence For Beginners (2 of 7)

e best example is the classic "Can I bring a notarized statement from my

friend, who was in the car at the time, but can't take oﬀ work?" question.

You bring the paper to court, and the prosecutor objects to the paper, and the

judge upholds the objection.

Why?

Because you can't cross-examine a piece of paper.

If you brought your friend, the court would hear him, because he could be

cross-examined. is is the most basic concept of evidence.

You, a "pro se" (self) defendant, can cross-examine the oﬃcer. Many pro se

defendants miss this opportunity when the oﬃcer completes his testimony.

e judge will usually indicate that the defendant may ask the oﬃcer questions,

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Rules Of Evidence For Beginners (3 of 7)

and then the defendant launches into a diatribe about enforcement priorities,

revenue enhancement, etc. is is incorrect, and the judge tells the defendant to

ask questions, not make a statement. e defendant, ﬂustered, then proceeds to

blow any chance he had.

You should ask questions only of the oﬃcer, and when you are done, then you

may testify. When you are done, the prosecutor may ask you questions.

You cannot be forced to testify, but if you do, you may then be cross-examined.

If you really were speeding, you can see why it's not a good idea for you to testify.

If you take pictures to help prove your case, they will be allowed in because you

took them and are there to explain how.

If someone else took the pictures, they will not be admissible, as the person who

took them is not there to answer questions about how they were taken.

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Rules Of Evidence For Beginners (4 of 7)

Documents are diﬀerent than people. Keep in mind the incorrect statements

you have seen in newspapers and books.

Any document brought in must "have a foundation laid." at is, the

document must have the origin laid out, and must be somehow authenticated.

e easiest way to do this is to ask the other side to recognize it as authentic.

For example, you can ask the oﬃcer if a document is the manual for the radar

gun he used on the day of the citation. If he says yes, you can use it to cross-

examine him.

If he says it's the wrong one, or outdated, then it is useless. Most manufacturers

know this, and the manuals are written to be useless to the defense.

If you were to try to introduce a book like "Beating the Radar Rap," it would

not succeed, because it would be considered "hearsay." ere are a lot of state-

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Rules Of Evidence For Beginners (5 of 7)

ments in the book which cannot be proven or cross-examined in that court at

that time.

A classic example is asking someone if he saw an accident. He tells you no, but

he spoke to someone who did, and he said...

is is useless, as the person the speaker heard is not here and cannot be

cross-examined.

is is why, in a two-person speed trap, you need both the cop who ran the

radar and the one who actually stopped you to make a case. e oﬃcer who

wrote the ticket cannot testify as to the use of the radar or the traﬃc conditions.

e same thing works for airplane tickets; the ground cop can't testify about

what the airborne spotter saw, and vice-versa.

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Rules Of Evidence For Beginners (6 of 7)

If you tried to introduce a newspaper article discussing traﬃc ticket quotas, or

a report from Cincinnati Microwave, Inc. about the errors of radar, you would

have the same problem.

e statements in print are not capable of being cross-examined. e

prosecution will not recognize them like the radar gun manual.

You will not get them in, unless you are able to get the author in court and have

him recognized as an expert. at is a topic far beyond this basic treatment.

e next common question is "Can I bring this legal case I found, which looks

really good, to the judge?"

If it is not from that state, then in most cases don't even try.

For example, a New York court is not bound by precedent in Minnesota.

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Rules Of Evidence For Beginners (7 of 7)

A case "holding" only applies to courts in that state. Generally, if the case is

from out of your state, it is not binding and is not going to be accepted.

However, if in your research at the library you found a relevant court case from

within your state (state statutes normally contain references to applicable court

cases), it is admissible.

Make sure that case has not been overturned at the appellate level before

you go any further.

In court, just wait until after the prosecution has ﬁnished, then introduce it. It

is even better if it is a ruling by your state's Supreme Court. Opinions, such as

what a judge writes in deciding a case, can also be introduced providing that

judge's court is in your state.

In the end, your best bet for defending a ticket is to bring live witnesses, or

proof you made yourself, like pictures. §

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Trial By Declaration (1 of 4)

e traﬃc ticket industry relies on people not having enough time to ﬁght their

tickets. Going to court, often multiple times, can be a burden on even the most

motivated ticket ﬁghters.

Because of the amount of time a traﬃc ticket case requires, we're often

asked if there is any way to ﬁght a traﬃc ticket without the hassle of driving

to the courthouse.

e good news is that in certain states, through something called "trial by dec-

laration" or "trial by aﬃdavit," it is possible. e bad news is that those states

are in the minority.

Trial by declaration allows a defendant to state their case in writing, send it to

the judge, and have the judge make a decision based on the facts presented in

the letter.

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Trial By Declaration (2 of 4)

Although this may sound appealing, there are few things to consider before

ﬁghting a traﬃc ticket in this way:

1) When you ﬁght your traﬃc ticket using trial by declaration, you give up the

right to directly ask the oﬃcer questions.

2) Any chance of dismissal due to the absence of the ticketing oﬃcer disappears.

3) Because you're not there in person, it becomes much easier for the judge to

ﬁnd you guilty — all it takes is a rubber stamp.

4) In some states you give up your right to a regular trial when opting for trial

by declaration.

5) As mentioned previously, it's not available in the vast majority of states.

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Trial By Declaration (3 of 4)

States where trial by declaration is not allowed include:

Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware,

District of Columbia, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine,

Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,

Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York,

North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island,

South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia,

Washington, West Virginia, and Wisconsin.

However, these nine states do allow trial by declaration in certain areas:

California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and

Wyoming.

Even in theses states, trial by declaration is not always available. It's often only

available at the discretion of the local courts. On the next page, you'll ﬁnd more

speciﬁc information for each of these states.

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Trial By Declaration (4 of 4)

California: Search for California Vehicle Code Section 40902.

Florida: Search for Florida Rules of Traﬃc Court (Rule 6.340).

Hawaii: Search for §291.6, Section 2.

Indiana: You must opt for a "Trial by Aﬃdavit." Contact the court for the rules

and regulations involved.

Louisiana: Contact the court for the rules and regulations involved.

Nebraska: Contact the court for the rules and regulations involved.

Ohio: Trial by declaration is available only at the discretion of each court.

Oregon: Search for ORS 153.08.

Wyoming: Trial by declaration is available only at the discretion of each court. §

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e Pre-Trial Conference (1 of 6)

A pre-trial conference is a meeting, mostly in-person although sometimes by

telephone conference, between the prosecutor and the defendant.

e pre-trial conference is a negotiation, pure and simple.

e prosecutor's motivation is to avoid the time and expense of conducting a

trial while maximizing the penalty paid by the defendant.

e prosecutor may try intimidation, bargaining, or just oﬀer the same "deal"

to all defendants.

It's common knowledge that most traﬃc ticket defendants are primarily

concerned about the points assessed for traﬃc law violations. It's also common

knowledge that most courts are primarily concerned about generating revenue.

Consequently the negotiations tend to involve removing points and keeping or

increasing the ﬁne.

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e Pre-Trial Conference (2 of 6)

Some jurisdictions have this system honed to a ﬁne edge.

e negotiations involve a formalized increase in the ﬁne that corresponds with

a reduction in points. What starts out as a $100 ﬁne and three points evolves

into a $400 ﬁne and no points.

Keep in mind, this is all about maximizing revenue for the locality, not

about what is fair.

e pre-trial conference can be rather cut-and-dried, or it might involve

serious negotiation if the defendant appears determined to put on a strong

defense.

For this reason, the defendant should strive to develop some leverage for

the meeting.

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e Pre-Trial Conference (3 of 6)

One way to do this is to submit a request for discovery (discussed earlier) to the

prosecutor in advance of the meeting.

Along with conveying the impression of determination, this gesture also implies

more work for the prosecutor's staﬀ.

Either party can request a pre-trial conference.

ere are some instances where the prosecutor's oﬃce will call for a

mandatory pre-trial meeting, and insist on personal appearance by

the defendant.

is is obviously a major hardship for out-of-state defendants.

e defendant is not without options. He can petition (motion) the court to

allow a telephone conference. Or, he can hire an attorney to represent him at

the pre-trial conference.

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e Pre-Trial Conference (4 of 6)

e prosecutor may use this tactic to place the burden of additional expense on

the defendant and thereby pressure the defendant to drop his challenge of the

ticket.

If an attorney is retained by the defendant, the end result will most likely be a

plea bargain of modest beneﬁt to the defendant.

Like all aspects of the ticket ﬁghting process, preparation for the pre-trial

conference is important.

1) Have a game plan; know what you hope to accomplish.

If you want nothing less than a complete dismissal of all charges – no points

and no ﬁnes – then this isn't the time or place to make that stand. You can,

however, use the pre-trial conference to put the prosecution on notice that you

intend to ﬁght this ticket and take up large swaths of his time in the process.

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e Pre-Trial Conference (5 of 6)

is is a process of compromise; you have to be willing to give and take. Know

your end game – what you hope to achieve.

2) He who speaks ﬁrst loses.

Let the prosecutor begin the discussion, hopefully with an oﬀer to reduce the

ﬁne and/or points. If instead he asks why you are challenging the ticket, just say

something non-speciﬁc like "I'm not guilty" or "I wasn't speeding."

Don't go into details and don't go into your case or defense. If you don't like

the deal the prosecutor oﬀers, make a counter-oﬀer, one that gives you room to

"give up" a little more.

3) Be even-keeled throughout and don't personalize the negotiations.

Stay calm and business-like. Remember this is just about money. Be friendly

and courteous, but don't grovel.

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e Pre-Trial Conference (6 of 6)

4) Don't feel that you absolutely have to reach an agreement during the

pre-trial conference.

Work toward an equitable arrangement, but at some point you may need to rec-

ognize that it isn't possible.

It is not unheard of to have more than one pre-trial conference.

Often there will be another attempt to settle the matter just before trial.

e foundation you lay at the ﬁrst pre-trial conference can give you a stronger

position for a follow-up conference or even the trial. §

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e Trial & Appeal Process (1 of 4)

Here's your opportunity to unleash your new skills and exercise all your

preparation.

But wait, the oﬃcer that gave you the ticket isn't in court and he is the

prosecution's only witness against you.

If the oﬃcer isn't there they can't make a case against you. However, a dismissal

isn't automatic, especially if you don't make a speciﬁc motion for dismissal.

e prosecution may just ask that the court postpone the trial to a later time or

date. It's up to the court to make the decision and it's up to you to persuade the

judge to grant that dismissal.

If the prosecutor argues against a dismissal, you should point out that the trial

date was set for the convenience and with the knowledge of the prosecution.

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e Trial & Appeal Process (2 of 4)

You have suﬀered inconvenience, time oﬀ of work, and expense to be at this

trial. It's the prosecution's responsibility to have its witness ready for trial.

Point out that if you were not in attendance at the trial you would

automatically be found guilty and assessed all related penalties; fairness

dictates that the charges against you should be dismissed.

Almost always, the judge will grant the dismissal.

Unfortunately, at the last minute the arresting oﬃcer arrives in court, so it's

back to plan A, defending yourself at trial.

As noted previously, the prosecution will call the arresting oﬃcer to the stand.

e oﬃcer will clearly identify you as the culprit responsible for the violation,

even though he doesn't have the vaguest idea of who you are.

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e Trial & Appeal Process (3 of 4)

He will recite how he used perfect approved procedures in documenting your

violation.

He will describe his impeccable training and experience as a traﬃc law enforcer.

And it's up to you to prove that this is more illusion than fact.

Typically, the oﬃcer will be the only witness against you. When you are done

cross-examining him it will be your turn to present your side of the story, your

defense.

If you had a passenger in the car at the time of your apprehension and that

passenger can conﬁrm your description of events, have them in court to testify

on your behalf.

A letter or signed aﬃdavit will not be accepted as evidence.

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e Trial & Appeal Process (4 of 4)

e real person has to be there, just like the police oﬃcer has to be there, to

make themselves available for questioning by the opposing party.

If your violation was a civil infraction the judge can compel you to testify,

although that seldom happens. If your violation was a criminal oﬀense you

cannot be compelled to testify, but you can testify if you choose to do so.

If you completely and convincingly dismantle the arresting oﬃcer's claims

and it seems the court agrees, then there is no reason to testify.

However, if the issue is still up in the air, you may have little choice but to put

yourself on the stand. e good part is, you get to tell your story. e bad part is,

the prosecution can ask you all kinds of diﬃcult and incriminating questions.

A couple tips: "I was going with the ﬂow of traﬃc," or "I wasn't going 87, I was

only going 84" are not arguments that will swing the decision in your favor. §

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Common Detours & Unexpected Obstacles (1 of 8)

e Police Oﬃcer Lies On e Stand:

is is the most common obstacle a pro se defendant will encounter. Perjury is

a serious crime, but it is almost impossible to prove.

Calling the oﬃcer a liar will not win you any points with the judge. Your

challenge is to prove the oﬃcer may be "mistaken" in his recollections. Because

the oﬃcer testiﬁes according to a rote script, his description may bear only a

vague resemblance to what actually occurred during your encounter.

If you are well-prepared with arguments, reports, photos, or other

documentation that conﬁrms your testimony about the events in question, you

can undercut the credibility of the oﬃcer and his testimony without personally

assailing his integrity – as much as you might be tempted to.

e point here is to expect that the witness against you will be less than truthful

and to plan for that possibility.

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Common Detours & Unexpected Obstacles (2 of 8)

You Can't Raise e Issues You Want To Raise:

Earlier in this text it was mentioned that even though a defendant may have

good information and knowledge about radar and the errors that can be made

with radar, the court will not let him introduce that information.

is typically arises when a pro se defendant, during cross examination of a

police oﬃcer, or even during his own testimony, attempts to describe errors that

were made in the use of a radar device.

e prosecution quickly intercedes with an objection that the defendant has no

oﬃcial standing as an "expert" on radar and therefore his opinions should have

no bearing on the evidence, and the judge sustains the objection.

e oﬃcer, on the other hand, is automatically accorded expert status, at least

as far as proper radar operation is concerned. (He is not expected to be

knowledgeable on the science behind radar.)

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Common Detours & Unexpected Obstacles (3 of 8)

So what to do when the oﬃcer claims he can clock one vehicle in a pack of

vehicles on a crowded highway?

One strategy that may be eﬀective is to ask the oﬃcer to describe speciﬁc

radar errors, by name.

"Oﬃcer Jones, would you please describe cosine error?" (beam reﬂection error,

panning error, etc.)

If he can't describe these errors he will appear incompetent, and this will

lay the foundation for a motion the court to not admit the radar reading

into evidence.

However, if the oﬃcer makes up descriptions or claims that no such errors exist,

there is little the defendant can do to prove the oﬃcer's testimony is in error.

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Common Detours & Unexpected Obstacles (4 of 8)

Remember, even if knowledgeable, the defendant cannot give expert testimony,

unless he's a recognized expert.

ere is a way around this conundrum.

During the discovery process, the defendant should ask for a copy of the

training manual the police use for educating their police oﬃcers on the use

of radar (or laser, LIDAR, VASCAR etc.).

If no such manual exists, use public records law to get a copy of the manual

used by the state patrol/police for training purposes.

Armed with an oﬃcial training/operator's manual, the defendant can ask

the judge to give the manual "judicial notice."

is means the court recognizes the legitimacy of the document and it can be

used during the trial.

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Common Detours & Unexpected Obstacles (5 of 8)

en you can use the operator's manual to verify your claims, while providing a

foundation that will discredit the accuracy of the radar reading.

Amending the citation or the charges:

e typical errors made on a traﬃc ticket are usually not suﬃcient to generate

a dismissal of charges. However, in some instances, the errors are so egregious

that left uncorrected they will destroy the prosecution's case.

For example, a ticket indicates that the defendant was driving a blue Ford,

when in fact the defendant was driving a yellow Buick.

Or, the defendant is charged with violating state statute 134-a, which is a law

dealing with school zone speed limits. However, the actual violation was

speeding on an interstate highway.

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Common Detours & Unexpected Obstacles (6 of 8)

If either of these errors is brought to the prosecution's attention prior to trial, or

even during the trial while the prosecution is making its case, there is a strong

likelihood that the judge will allow the prosecution to correct the ticket errors

or change the charges.

is also happens when the defendant is charged with a lesser violation before

trial, but when the defendant goes to trial the charges are escalated to a more

serious violation – call it payback for having the audacity to ﬁght the ticket.

One strategy is to say nothing about the errors and let the prosecution's wit-

ness hang himself describing a blue Ford or the interstate speeding ticket.

When the prosecution has ﬁnished, the defendant should speciﬁcally conﬁrm

that the prosecution has completed its case. "Your honor, has the prosecution

completed its testimony?" It will normally be conﬁrmed and it's then the

defendant's turn to present his case.

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Common Detours & Unexpected Obstacles (7 of 8)

Without giving testimony the defendant can make a motion to dismiss based

on the fact that he does not have a blue Ford and has never driven a blue Ford

and it is clear the oﬃcer observed someone else committing this violation, even

though he stopped the defendant while driving a yellow Buick.

In the case of being charged under the wrong statute, a motion can be made ar-

guing that none of the testimony presented by the prosecution proved that you

violated a school zone speed limit, the law you were charged with violating.

You were not charged with violating an interstate speed limit, the subject of the

oﬃcer's testimony.

e key here is to lock the prosecution out of the opportunity to amend the

ticket or the charges.

is is done by their formal declaration that they have completed their testimony.

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Common Detours & Unexpected Obstacles (8 of 8)

Note: An ethical prosecutor would not go forward with a prosecution that

involved a situation like the Blue Ford vs. Yellow Buick.

He would accept that this kind of error seriously taints the evidence against the

defendant and would drop the charges.

Unfortunately, in this day and age where revenue and "winning" are the driving

forces in traﬃc law enforcement, ethics is an endangered species. §

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How To Deal With A Hostile Judge (1 of 2)

Local courts at the village, town, or municipal level are sometimes staﬀed with

judges or hearing administrators with minimal knowledge or interest in the law.

eir purpose is to go through the motions, provide a pretense of due

process, and collect as much money with as little investment as possible.

A determined defendant has two choices; go through the show trial and then

appeal to a more legitimate court, or attempt to obtain a change of venue (have

your case sent to another court), not always easy.

Oftentimes these bottom-of-the-pile local courts are not "courts of record,"

meaning there is no record, written or recorded, of the trial.

e result is that when you appeal to the next higher court, your case will be

retried from scratch, like it never happened before.

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How To Deal With A Hostile Judge (2 of 2)

is is called a "trial de novo."

One backhanded advantage of many local courts is that they will trade

money for points.

By charging the defendant with a local ordinance violation that doesn't involve

points, local courts avoid notiﬁcation to the state, and so the local jurisdiction

keeps all the money collected.

Of course this is supposedly all about making our streets and highways safer. §

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What If I Lose My Case? (1 of 3)

If you lose at trial you have two basic decisions: pay the ﬁne or ﬁle an appeal.

Sometimes you have to pay the ﬁne, even if you do ﬁle for an appeal; it will be

refunded if you ultimately win.

If you had a real trial in a real court with a real judge and the trial was recorded,

you were in a "court of record."

Appealing from a court of record usually means that the next court higher

will rule not on the facts of the case, but on the law involved in the case or

the prior judge's procedure.

* Were proper enforcement procedures observed?

* Were the defendant's due process rights honored by the ﬁrst court?

* Were the factors that prove violation of the law adequately addressed and proven?

In some cases, the constitutionality of the underlying law might be challenged.

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What If I Lose My Case? (2 of 3)

On a rare occasion a case will be retried by the same court or another court at

the same level.

is might involve new evidence that was not available at the ﬁrst trial.

More commonly, a new trial is granted because the defendant, for a legitimate

reason or understandable mistake, missed his trial and was pronounced guilty

because he failed to appear.

Unless you have a good knowledge of the law and understand the legal

procedures required to initiate an appeal (other than a de novo appeal), you

will be best served by working with an attorney familiar with the process.

ere are attorneys who specialize in appellate cases.

e signiﬁcant expense of a full-ﬂedged appeal usually dictates that only cases

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What If I Lose My Case? (3 of 3)

involving very serious consequences, or signiﬁcant questions of law, will be

taken to appellate courts.

Win or lose, you will have accomplished several positive objectives:

1) You will have demystiﬁed the court system and how it works.

2) You will have become more knowledgeable about the law and your rights.

3) You will have forced the "system," at considerable expense, to deal with your

objections and prove your guilt.

4) You will have set an example for others to follow, to ﬁght back and not simply

accept whatever sanctions the government attempts to assign you.

And, if there is a next time, you will be far better prepared to represent yourself,

in and out of court. §

Fight That Ticket!

Winning Strategies

for Fighting

Trafc Tickets

Written by the National Motorists Association

VOLUME 3 OF 3

Volume 3 Table of Contents

Frequently Asked Questions ................................... 1

Sample Traﬃc Court Script .................................. 24

e Basics Of How Radar Works .......................... 65

Types Of Police Radar .......................................... 70

Radar Target Acquistion Problems ........................ 73

Radar Detectors & Jammers ................................. 78

e Basics Of How Laser Guns Work ................... 87

Possible Photo Radar Ticket Defenses ................... 93

Additional Resources & Sample Forms ................. 98

Why You Should Join e NMA .......................... 99

Version A.1b

is publication is protected under the U.S. Copyright Act of 1976 and all other

applicable international, federal, state, and local laws. All rights are reserved, including

resale rights. is ebook shall not be distributed or sold to other persons or parties.

If you received this publication from anyone other than the National Motorists

Association (NMA), you have received a pirated copy.

Please note that much of this publication is based on ﬁrst-hand experience and anecdotal

evidence. Although the NMA has made every reasonable attempt to achieve complete

accuracy of the content of this ebook, we assume no responsibility for errors or omissions.

You should use this information as you see ﬁt, and at your own risk. Your particular

situation may not be suited to the examples illustrated here.

Any trademarks, service marks, product names, or named features are assumed to be the

property of their respective owners, and are used only for reference. ere is no implied

endorsement if one of those terms is used in this ebook.

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Frequently Asked Questions (1 of 23)

Does the oﬃcer have to show me the radar/laser reading?

No, this is not required in most jurisdictions. Also, whether the oﬃcer allows

you to see the speed reading has virtually no bearing on your case. Oﬃcers can

lock in radar readings and leave them on to display to any hapless victim, even

though it was not his or her vehicle that registered the displayed speed.

Can radar clock the speed of one vehicle in a group of vehicles?

No, the radar operator is unable to determine which vehicle in a group of

vehicles is responsible for the speed he sees on his radar gun display.

Can the police send me a ticket in the mail, even though they didn't stop

me at the time of the alleged violation?

Yes, but the oﬃcer who observed the violation must attend your trial and testify

that it was your car he observed violating the law and that you were the person

operating that car.

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Frequently Asked Questions (2 of 23)

If my car was clocked from an airplane, do the oﬃcer(s) in the plane have

to attend my trial?

Yes, the oﬃcer who clocked your car and the oﬃcer who gave you the ticket

must appear as witnesses against you.

How often do radar guns and laser guns have to be formally recalibrated

and checked for accuracy?

is varies from state to state. Some states have very speciﬁc requirements and

many states have no standards whatsoever. It is not uncommon for enforcement

agencies to produce calibration certiﬁcates for a radar gun, any radar gun,

regardless of whether it was the radar gun actually used to issue the citation.

Where do I send a Request for Discovery?

A Request for Discovery goes to the District Attorney/Prosecutor responsible

for your case.

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Frequently Asked Questions (3 of 23)

Where do I send a Public Information Request or Freedom of Information

Request?

ese requests should be sent to the agency or oﬃce that holds the actual record

you are seeking, most often the police department that issued you a ticket.

What is a "Defense of Necessity?"

is is a legal defense where the defendant claims it was necessary to violate the

law to prevent or avoid serious harm such as loss of life or personal injury. is

defense is covered in more detail in Volume 2.

Can police oﬃcers operate speed traps while parking on private property?

Yes, but they must also vacate the property if asked to do so by the property

owner.

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Frequently Asked Questions (4 of 23)

Will the court automatically dismiss the charges against me if the oﬃcer

does not show up for my trial?

Not always; you often have to make a motion to have the charges dismissed.

Generally, a judge will grant your motion, but it is within his discretion.

e oﬃcer wrote me a ticket entirely in pencil. I know legal documents must

be written in blue or black ink. Can I use this to get the ticket dismissed?

We are not aware of any law that requires a ticket to be written in ink. It is highly

unlikely that a judge would dismiss the ticket because it was ﬁlled out with a pencil.

Am I entitled to at least one continuance?

No, but most courts will grant at least one continuance without seriously

exploring the reason. It should be noted that requesting a continuance can

forfeit the right to a speedy trial, at least in those states that have a "speedy trial"

statute.

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Frequently Asked Questions (5 of 23)

Do I have a right to a jury trial?

About half the states allow jury trials for traﬃc law violations. You can check

the state chapter pages on the National Motorists Association website to see

if your state is one of them. Most states allow jury trials for DUI defendants.

However, the U.S. Supreme Court has declared that the U.S. Constitution's

clear mandate for granting jury trials, in the Sixth and Seventh Amendments,

does not apply if the possible punishment is less than six months in prison.

Will errors on a ticket result in charges being dropped?

Sometimes. Courts will often excuse minor errors on a ticket. A misspelled

name, incorrect address, or diﬀerence in opinion on whether your car is aqua

or green in color will not result in a dismissed ticket. Conversely, a major error

such as citing the wrong statute, radically misidentifying your vehicle or listing

the wrong highway as the site of the violation should provide justiﬁcation to

dismiss the ticket. is is covered in more detail in Volume 2.

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Frequently Asked Questions (6 of 23)

Can a police oﬃcer issue me a ticket if he's outside his own jurisdiction?

It depends. ere may be inter-agency agreements that allow police to exer-

cise their authority outside their jurisdictions. ere may also be state laws

that allow inter-jurisdictional enforcement actions. One point to remember is

that the oﬃcer who observed the violation and issued the citation is the only

person who can testify against you. e likelihood that an out-of-area oﬃcer

would appear to testify against you at your trial is somewhat remote.

What if I don't believe I was going as fast as the ticket indicates?

It's possible the radar or other speed measuring device was being operated

improperly. Also, the oﬃcer may have mistaken your car for another or

made some other error. e burden will be on you to prove the likelihood

of a mistake.

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Frequently Asked Questions (7 of 23)

But everyone was going over the speed limit. What if I was just pulled out

of the crowd?

is may be true, but it is totally irrelevant now. Plead not guilty and go

to court. In court, don't complain that you were being victimized. If the

oﬃcer shows up in court, cross-examine him by asking questions in such a

way as to make it appear he had no idea which vehicle caused the reading

on the radar/laser gun.

What if they only ticket people of my race?

Sometimes this has every appearance of being true, largely due to stops for

trivial traﬃc laws like seat belt violations, playing the radio too loud, or

having a blown-out light bulb. If you believe the oﬃcer stopped you

because of your race, we recommend making a complaint to the police

department and/or city government. If it continues to happen after the

complaint, consider a lawsuit.

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Frequently Asked Questions (8 of 23)

If I don't sign my ticket, does that mean it's invalid?

No. Signing for your ticket, which isn't required in all areas, merely means that

you will pay the ﬁne or plead not guilty and show up in court.

If I prove my speedometer was defective when I was stopped for speeding,

will the court dismiss the ticket?

No. e court might consider it a mitigating circumstance, but it's likely you

will still be found guilty.

What if there was more than one oﬃcer involved in my stop?

First, the clocking oﬃcer must be able to conﬁrm that the car being pulled over

was the car he clocked. is conﬁrmation should be made to the oﬃcer who does

the stop. e oﬃcer who does the stop is responsible for identifying the driver to

whom the ticket is issued. Both oﬃcers must be at the driver's trial. is also

applies to situations involving the use of airplanes to clock vehicle speeds.

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Frequently Asked Questions (9 of 23)

Can I write to the court and tell them why I'm not guilty?

Some states allow a "trial by declaration," which is, in a sense, a written

explanation or defense you can send to the court. In general, we doubt the

fairness or eﬀectiveness of such a defense. ere is very little incentive for the

court to ﬁnd the defendant not guilty.

However, if it is your only option, make the best of it. Know the law you are

accused of violating, provide a clear description of the key events, and lay out

your proofs and arguments as to why you are not guilty. More information on

this can be found in Volume 2.

What will happen if I just ignore the ticket?

Ignoring a speeding ticket may result in a suspended license, an increased ﬁne,

and/or a bench warrant being issued for your arrest. is is true even if you

received the ticket outside your home state.

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Frequently Asked Questions (10 of 23)

I am ﬁghting a radar ticket. I got the radar reading tossed out on a technical

violation. e prosecutor then went ahead and presented his case on the basis

of the oﬃcer's experience and training on judging vehicle speeds. Based on

the trooper's testimony, without any corroborating evidence, the court found

for the state. Is there any case law that addresses such an issue?

e National Motorists Association funded a case with an almost identical

scenario, only it involved laser. e judge suppressed the laser evidence but

went ahead and found the defendant guilty based on a 1700-foot-plus visual

observation.

We did a lot of digging for comparable cases and precedents and found the

decisions were all over the map. Also, actual expert testimony is non-existent.

Our research indicated that the human eye cannot, for all practical purposes,

gauge movement from objects moving toward it or away from it, at distances in

excess of 800 feet.

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Frequently Asked Questions (11 of 23)

Obviously the eye can detect movement when the object is moving perpendicular

to the eye, but speed estimation is highly dubious. Visual speed estimation is largely

a fraud, but it will take a very good expert witness and solid research (that to our

knowledge doesn't currently exist) to prove this point.

We hope to be able to do that kind of research when we have adequate

resources to do so.

How can I request to see a copy of a MUTCD engineering study for a stop sign?

Find out what city agency is responsible for placing stop signs. Either go there

and ask to see the study, if there is one, or submit a public information request

to see the study, addressed to the agency responsible for stop signs and other

traﬃc control devices. is doesn't require any special forms, just a clear

description of what you would like to see.

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Frequently Asked Questions (12 of 23)

What about that "ex-traﬃc cop" who has a guaranteed system to get people

out of any speeding ticket?

No one can guarantee the outcome of your case, and you should be skeptical of

anyone claiming otherwise. Fighting a traﬃc ticket will involve some eﬀort on

your part, but the beneﬁts are worth it.

When the oﬃcer was writing the ticket I admitted that I was speeding.

Does that mean I can no longer ﬁght the ticket?

No, it doesn't mean you can't ﬁght it, but you did shoot yourself in the foot.

e cop will have recorded your admission to speeding. However, you can

still go to court and explain some special circumstance as to why you were

exceeding the speed limit, or be very contrite and ask for a break, or stick

with a not guilty plea, go to trial and hope the cop doesn't show up, allowing

you to make a motion for dismissal.

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Frequently Asked Questions (13 of 23)

I always thought that if the oﬃcer was a "no-show" the ticket would be

dismissed. What if the judge says that the trial needs to be rescheduled?

e judge has discretion to dismiss or continue a case if the oﬃcer doesn't

appear. Most often the judge will dismiss, partly out of fairness to the

defendant, partly because the "crime" is usually minor, and partly to send the

message to the DA that the prosecution better have their cases ready to go on

the scheduled day. We encourage any defendant to demand a dismissal on the

basis that the trial date was set for the convenience of the prosecution and the

prosecution has a responsibility to be ready to present its case on that date.

How do I ﬁnd out if a speed limit sign is legal and whether the limit was

based on a study to determine the proper speed?

e records of a traﬃc study or speed zoning study will be held by the agency

responsible for the road. If it's a state road, the closest state DOT oﬃce should

have the records; most likely the traﬃc engineer in that oﬃce will know where

to ﬁnd the speciﬁc study.

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Frequently Asked Questions (14 of 23)

I want a jury trial. How do I request it?

You should contact the clerk of courts and tell him or her that you want a jury

trial, not a bench trial. Be forewarned that there are often speciﬁed time limits for

submitting a jury trial request. ere is often an extra fee for a jury trial. (Only

half the states still allow a jury trial for traﬃc ticket cases.) You will discover that

the courts and the DA really hate having to take a traﬃc case to a jury trial. It's

time-consuming and expensive – all the proﬁt goes out of the ticket.

Can laser pick out a certain vehicle in a group of vehicles?

Yes, within reasonable distances, laser devices can gather a speed reading from

a speciﬁc vehicle. A laser beam starts out very narrow and expands to two or

three feet in width by the time it travels 500 feet. At 1000 feet, the beam is

approximately three to four feet wide and the likelihood of it being reﬂected

from multiple vehicles increases signiﬁcantly.

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Frequently Asked Questions (15 of 23)

If I am issued a ticket and I pay the ﬁne without appealing the ticket, can

I sue the police department if it later comes out that the police knowingly

issued the ticket in an illegal speed zone?

A civil suit for damages, based on the argument that the police knew the speed

limit was illegal, would likely be a longshot. First, you would have to prove the

limit was in fact clearly illegal; second, that the police knew it was illegal; and

ﬁnally, that with that knowledge they issued the citation to you. After all that,

the city might still escape responsibility by claiming sovereign immunity. Even

winning such a suit would not automatically erase the conviction; the defendant

would be paid damages for wrongful conviction, but it might take additional legal

action to have the conviction overturned.

I was asked by a court clerk if I was appearing in court "pro se." at simply

means that I am representing myself in court, right?

Yes, the term "pro se" means representing yourself.

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Frequently Asked Questions (16 of 23)

If there is no judicial notice for LIDAR/LASER in my state, can I get my

ticket dismissed?

Not necessarily. It's important to understand that the absence of judicial notice

does not automatically mean the laser speed reading will not be accepted by the

court. It simply means that the defendant does have the option to challenge the

legitimacy/accuracy of laser speed estimating devices.

Be forewarned that most courts will require such a challenge to be supported

by a recognized expert on the subject of laser. Even though defendants may

be well-versed on the subject of laser, they will not be permitted to testify on

the technical aspects of laser if he is not documented experts on the subject.

In other words, if you want to challenge the legitimacy of laser, you will need

to call an expert witness to make that argument. is can be an expensive and

time-consuming process.

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Frequently Asked Questions (17 of 23)

Where can I ﬁnd out if my state has a "speedy trial" law?

You can pull up your state statutes on the web and look in the index for "speedy

trial." Any librarian at a public library should be able to help you ﬁnd this informa-

tion. Contact the oﬃce of your state representative or state senator and ask them to

ﬁnd this information for you. Call a local criminal defense/DUI attorney and ask

them. Sometimes these kinds of provisions are based on court decisions and not

statutes, but any of the above sources should be able to sort that out for you.

How long is a radar training certiﬁcation good for in most states? I have a

ticket and the oﬃcer's training was last done in 2001.

e simple answer is "forever." Many jurisdictions don't even require formal

certiﬁcation. All they require is some degree of training, which can be very

minimal. e courts will often accept time in the ﬁeld and regular use of the

device as suﬃcient. e exception would be a statutory or regulatory requirement

that mandates formal training. Unfortunately, this is not commonly in place.

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Frequently Asked Questions (18 of 23)

When you suggest taking notes on your surroundings to prepare your

defense, you speciﬁcally mention the type of police car and the car's license

plate number. How does the type of police car help you in your defense?

We recommend recording information that helps identify the speciﬁc police car

involved in your traﬃc stop because the car may provide a link to the validity of

the speed reading that resulted in a traﬃc citation being issued.

If the means of clocking the speed of your vehicle was "pacing," where the

oﬃcer claims to have followed your vehicle to determine your speed, it is

important to establish the accuracy of the police car speedometer.

Usually, police car speedometers are periodically tested for accuracy. If the car's

speedometer has not been recently checked and certiﬁed as accurate, it can be

argued that the reading from such a speedometer not be allowed into evidence.

Being able to identify the speciﬁc police vehicle also allows the defendant to

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Frequently Asked Questions (19 of 23)

identify the speciﬁc radar or laser unit used by the operator of that vehicle on a

speciﬁc day.

Using Discovery or a public records request, a defendant can ask for the serial

number of the radar/laser gun used in a speciﬁc car, with a speciﬁc license plate,

on a speciﬁc date.

With that information in hand, the defendant can follow up with speciﬁc requests

for maintenance and calibration records for that speciﬁc radar/laser unit. ere

are diﬀerent routes to get this same information, but this approach increases the

possibility the defendant will get the records for the unit that was used to issue the

citation, rather than just sanitized records for another radar/laser unit.

ere are also more rare situations where a speciﬁc model of police car will have

a wiring or operational ﬂuke that interferes with accurate radar readings. If you

are going to raise this issue, you need to be able to identify the car that was

involved in issuing your citation.

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Frequently Asked Questions (20 of 23)

Which states prohibit radar detectors?

Virginia and the District of Columbia. Most provinces of Canada also prohibit

radar detectors.

Can an oﬃcer order me out of my car?

Yes, the courts have held that the driver and any passengers can be ordered out

of the car and they must comply.

Is there a law or rule that allows motorists a certain distance to adequately

reduce their speed before a speed limit reduction is enforced?

Normally, the new speed limit begins at the position of the speed limit sign.

Do I have to do a ﬁeld sobriety test if the oﬃcer requests that I do so?

No. Never agree to do a ﬁeld sobriety test; it is simply a device to provide

probable cause for a DUI arrest.

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Frequently Asked Questions (21 of 23)

Is it true that the locations of roadblocks have to be published in a local

newspaper before they can be set up?

No, police agencies are not required to publish upcoming roadblock locations.

Will I be denied access to Canada if I have a DUI on my record?

Yes. Canada considers a DUI a criminal oﬀence and they do not allow

convicted criminals to enter the country. However, like all "ﬂexible"

governments, Canada will waive this restriction for a substantial amount

of money and red tape.

If I receive a traﬃc conviction in Canada, will it be reported against my

United States driving record?

Possibly. Some Canadian provinces and American states have reciprocity

agreements in this regard.

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Frequently Asked Questions (22 of 23)

If I'm stopped for a routine traﬃc violation, can the police search my car?

No, not without probable cause that you are transporting illegal items. Before

any search, the oﬃcer should be able to explain what he is looking for and why

he believes such items are in your vehicle. However, anything the oﬃcer sees

from outside the vehicle is fair game.

What will happen if I refuse to take a blood, breath, or urine test when

suspected of a DUI violation?

Your license will be suspended and you will be ﬁned an amount equal to or

more than if you had been convicted of DUI as a result of the tests. However,

if you can prove that the police did not have probable cause or reasonable

suspicion that you were impaired, then you cannot be convicted of refusing the

tests. Note: in more than one state, the police are allowed to forcibly do a blood

test against the objections of an accused motorist.

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Frequently Asked Questions (23 of 23)

Am I doing myself a disservice by requesting information about my case?

I'm afraid that I will be antagonizing the court or tipping them oﬀ to my

defense.

A legitimate Request for Discovery, one that asks for pertinent information,

is not unreasonable, and will not normally generate a hostile reaction. A

defendant should not worry about being "liked" by the prosecutor or the

judge. Presenting a competent, well prepared defense, is more likely to gain

their respect than their ire. §

www.motorists.org

Sample Traﬃc Court Script (1 of 41)

An Introductory Word of Warning

e following script is not intended to be used verbatim or recited in court.

In fact, if you were to follow this script to the letter in your speciﬁc case, you

would likely lose your case and look foolish in the process. Every traﬃc ticket is

diﬀerent, and accordingly, the methods and strategies used to ﬁght each traﬃc

ticket in court should be diﬀerent.

Despite what you may have been told on other ticket-ﬁghting websites, there

are no magic phrases or strategies that will make your traﬃc ticket disappear.

We've included this example script solely as a way to show how the principles

we've laid out in this ebook could be used in a speciﬁc, hypothetical situation.

Again, we must stress that you should use this script only as a general guide

in designing your defense.

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Sample Traﬃc Court Script (2 of 41)

Here are the background facts.

Late on a Sunday afternoon, the defendant was traveling home and passing

through a village (we'll call it Podunk) with a posted speed limit of 25 mph.

e streets were largely vacant and the shops were closed. A local police oﬃcer

was parked on the main street facing north, running radar on southbound

vehicles. Given the circumstances, most of the little traﬃc on the roads would

probably be traveling at 35 to 40 mph, where the police oﬃcer was positioned.

e defendant was familiar with the village and knew that speed enforcement

was frequent and intense. Consequently, the defendant was driving slowly down

the main street.

As the defendant was leaving the village, she was startled by ﬂashing red

and blue lights behind her.

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Sample Traﬃc Court Script (3 of 41)

Both she and the vehicle operator now in front of her thought the police car

wanted to pass, on its way to an emergency. Of course, that was not the case.

e oﬃcer issued a ticket for 41 mph in a 25 mph zone. He did not

indicate how the speed was measured or exactly where it was measured.

e defendant pled "not guilty" by mail and soon after made a formal request

for a change of judge, with the intent to get a trial in a more neutral court.

Again, this was done by mail and in accordance with the time frame required by

state law. (Not all states allow an automatic change of judge or change of venue.)

e defendant drafted a Request for Discovery and sent it to the village

attorney who would be the prosecutor for this case. During a subsequent

pre-trial telephone conference, the prosecutor said state law does not allow

Discovery in Municipal Court and therefore no Discovery would be provided.

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Sample Traﬃc Court Script (4 of 41)

e Defendant then made a "Motion to Compel Discovery" to the judge.

Ultimately, the prosecutor did send the incident report from the traﬃc stop and

the report provided rudimentary information such as the fact that radar was

used and the general location of the violation (half a mile from the traﬃc stop).

Having heard nothing about the judge substitution or the Motion to Compel

Discovery, the defendant contacted the court.

e clerk claimed that the request for a change of judge never arrived at the

court and the judge had not yet reviewed the Motion to Compel discovery.

e trial was less than one week away.

Two business days before the trial, the Judge called the defendant and said her

request for a new judge was denied because the original request was not received

and the follow-up requests did not arrive within the prescribed time frame.

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Sample Traﬃc Court Script (5 of 41)

is was despite the fact that a copy of the original request was in the

prosecutor's ﬁle. e Judge also denied the Motion to Compel Discovery.

With this inauspicious start the defendant laid out her trial strategy with a

minimum of information to build her defense.

It should be noted that she did return to the "scene of the crime," took pictures

of the area, measured the distance from the clocking to where she was stopped,

and did her best to analyze how the radar reading was in error.

With the help of the National Motorists Association, the defendant had also

researched and become familiar with common radar errors.

Because the defendant was going to attack the validity of the radar reading, she

obtained a copy of the training manual used by the state police.

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Sample Traﬃc Court Script (6 of 41)

She accomplished this by using the state's Public Records Law.

Her intention was to ask the court to give the training manual "judicial notice." If

the request were to be granted, the court would accept the manual as a legitimate

source of information that could be used in her trial.

In addition to errors in the radar reading, the defendant wanted to point out

errors and inconsistencies on the traﬃc ticket and the oﬃcer's incident report.

He had listed her car as red when it is orange and black (convertible top).

e ticket said the incident took place during the day when it in fact occurred

after sunset.

ere was also a strong likelihood that the oﬃcer failed to maintain constant

visual contact with her car after the radar reading was completed.

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Sample Traﬃc Court Script (7 of 41)

While none of these factors in themselves would win a case, they do bring into

question the credibility of the oﬃcer and his observations.

Another issue she planned to raise was the apparent failure of the village to

follow state requirements for the placement of speed limit signs.

e defendant prepared the following script to guide her conduct during

the trial.

Again, please remember that this script is not meant as a word-for-word recipe

to conduct your defense.

It is meant to help you develop a strategy of your own, a strategy that applies to

your situation, in your state, and in a court that operates under your state laws.

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Sample Traﬃc Court Script (8 of 41)

e Trial Begins

Before the prosecution questions the police oﬃcer, ask the judge to give the

radar manual judicial notice.

"Your Honor, I'd like to have this document given judicial notice. It's the radar

operator training manual used by the Wisconsin State Patrol. And it was obtained

from the Attorneys General oﬃce of the State of Wisconsin. I attempted to obtain the

operator training manual used by the Podunk Police Department, but my request

and motion to obtain that manual was denied."

A) Judge accepts or B) Judge or DA questions the legitimacy of the document.

"If you ﬁnd errors or fault with the document, we can discuss them at that time, and

your honor can decide on the validity of the material. I do believe this manual can

clarify and provide accurate and valid information related to radar operation. is

is important to my defense because there has been an error in the radar measurement

of my speed."

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Sample Traﬃc Court Script (9 of 41)

e Judge either accepts or does not accept the document, and trial begins.

e oﬃcer gets on the stand and testiﬁes according to script:

"I observed a vehicle approaching at a high rate of speed and visually estimated

that speed to be 40 mph. I then conﬁrmed my estimate with my radar device

and obtained a reading of 41 mph. I checked the function of my radar device

before and after the reading I obtained on the defendant's vehicle."

He will go on about his expertise and training with radar:

"I pursued the vehicle and issued a citation for 41 mph in a 25 mph zone."

Cross-examine the oﬃcer:

"Oﬃcer, would you please describe the three elements that the prosecution must

prove to convict a person of speeding."

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Sample Traﬃc Court Script (10 of 41)

He may accurately describe them, but probably not.

" With the court's permission I would like to list the criteria in WI JI-2678

Speeding; titled: Exceeding Posted Speed Limits Under Statute 346.57(5) Or An Or-

dinance Adopting Statute 346.57(5).

1) e ﬁrst element requires that the defendant drove a vehicle on a highway.

2) e second element requires that the defendant drove the vehicle at a speed which

exceeded the speed limit established by law.

3) e third element requires that the established speed limit was indicated by

oﬃcial signs."

Continue questioning the oﬃcer:

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Sample Traﬃc Court Script (11 of 41)

"Please explain how you ascertained that I was driving a vehicle on a public

highway, before you actually stopped me on the outskirts of Podunk?"

He will describe how he saw you coming down main street at a high rate of

speed and observed you passing by.

"Where, exactly, were you positioned when you saw my car?"

"e ticket says Main St., at John St. facing north."

Show the map to the oﬃcer and he points out the location. Note: Google Maps

is a good way to obtain a map of the area.

"What color was my car?"

(If he says he doesn't remember, tell him he's welcome to check his notes on the

incident report.)

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Sample Traﬃc Court Script (12 of 41)

e oﬃcer testiﬁes that it was red.

Show him a picture of a red car and ask him what color that car is. He should

say "red."

Now show him the bill of sale indicating "orange." en show him a picture of

your car and ask him what color it is, but also ask him what color the top is.

en respond, "is car is orange and black?" He should agree. e discussion of

the color issue is complete.

"e citation you issued states that this incident took place during the day, is that

correct?"

(He may waﬄe, but just instruct him to answer the question as to what the

citation states.)

e oﬃcer testiﬁes that the ticket says daytime.

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Sample Traﬃc Court Script (13 of 41)

"Was it not dark when this incident occurred?"

e answer doesn't really matter. You have gotten your point across.

"Oﬃcer, what time does the citation indicate that this incident took place?"

Again, just hold him to testifying to the time listed on the citation. (5:20 PM)

"Oﬃcer, when you pulled me over, what color was the car in front of me, that pulled

over with me at the same time?"

If he goes oﬀ on another issue… stop him.

"Could that car have been red?"

Don't let him elaborate.

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Sample Traﬃc Court Script (14 of 41)

"From the time you ﬁrst saw my vehicle on Main Street, did you maintain constant

visual contact with my vehicle until you pulled me over?" (oﬃcer answers yes or no)

"If you were facing north, wouldn't you have to turn around at some location to

pursue my vehicle?" (yes)

"Wouldn't safety require that you look north for possible traﬃc before you turned

around?" (yes)

Cut oﬀ any elaboration with "ank you, you've answered my question."

"Your police report indicates that the traﬃc stop took place at South St. and Hill

Point Court. Is that correct?" (yes)

"How far is that from John's Street?" (4/10 of a mile) Note if answer is oﬀ the mark.

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Sample Traﬃc Court Script (15 of 41)

"Again looking at the map, aren't there two corners between John St. and the traﬃc

stop location?" (yes)

"Did you maintain constant visual contact with my vehicles throughout this time?"

(answer doesn't matter at this time)

"Let's move on to the second element the prosecution must prove: that my vehicle was

exceeding the speed limit."

(e second element requires that the defendant drove the vehicle at a speed

which exceeded the speed limit established by law.)

"You testiﬁed that you clocked my vehicle with a radar device, correct?"

(he will answer yes)

If he starts to expound on making a visual speed estimation, cut him oﬀ, and

note that the incident report cites radar as determinant of speed.

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Sample Traﬃc Court Script (16 of 41)

"What is the make, model, and serial number of the radar unit you used?"

If he doesn't have it or the DA objects:

"I asked for this information through a request and a Motion for Discovery, and was

given the impression that I could ask these questions during the trial, and that the

information would be provided at this time."

e Judge may ask what you need this information for.

"I need this information for the documentation of the maintenance, calibration, and

testing of this speciﬁc radar device, used to measure my speed."

Make a note: If he has the documentation, you need to tell the judge you would

like to look at it. If you get it, take note of dates, etc.

"Did you bring documentation of your training on radar devices?" (yes or no)

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Sample Traﬃc Court Script (17 of 41)

Again, don't allow elaboration. Some possibilities:

If he did not present any documentation as to his training on radar during his

ﬁrst testimony, go after this documentation.

If the prosecution starts to object about having to bring documentation or

produce detailed information, you should respond that this information was

requested long ago, and when the judge denied your motion to compel this

information he said that you could get all this information at trial.

If the testifying oﬃcer presented documentation of radar training during his

ﬁrst testimony, check it over brieﬂy, at that time, and if it doesn't look hokey

just thank him.

If you see something ﬁshy, like ﬁve hours of training by a radar salesman, raise

those issues.

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Sample Traﬃc Court Script (18 of 41)

"I assume that as a graduate of this course and a user of radar, you have a working

knowledge of the basic kinds of errors that can be made with radar"?

He should say "yes," which opens the door to questioning him about operator

errors.

If the manual was given judicial notice, use it to question him about typical

errors like beam reﬂection, electromagnetic errors, and cosine error.

Even if you can't use the manual, you can still ask him to describe these errors,

but later in your cross examination. Take the errors one by one, leading with

cosine error.

If he says he's not familiar with basic radar errors:

"Your honor, I'm making a motion that the radar testimony not be admitted into

evidence."

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Sample Traﬃc Court Script (19 of 41)

If the prosecution objects to the motion:

"If the oﬃcer has no knowledge of the kinds of errors that radar can make, he is not

competent to be using radar to issue speeding citations."

If the district attorney objects to questions about radar errors:

"One possible explanation for the diﬀerence of opinion on the speed of my vehicle

would be an error attributable to the operation of the radar, and as he may recall,

this was the basis for my motion to compel discovery."

If the motion is denied, move on.

"Oﬃcer, did you measure my speed from the same location where you ﬁrst observed

my vehicle?" (write down answer)

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Sample Traﬃc Court Script (20 of 41)

"At what distance did you ﬁrst observe my vehicle and begin to estimate my speed?

How many feet? 200, 300? at would be the length of a football ﬁeld." (write down)

"How many seconds did you spend visually estimating my speed?" (write down)

"How many seconds did you spend activating your radar and making sure it was

working properly?" (write down)

"How many seconds did you spend measuring my speed and then locking in that

speed?" (write down and total the times)

"You state on the citation that my vehicle was measured at 41 mph, is that

correct?" (yes)

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Sample Traﬃc Court Script (21 of 41)

"My vehicle at 41 mph would travel approximately 60 feet, in one second. at

means my vehicle would travel ___ feet in ___ seconds. Where does that place my

vehicle in relation to yours when you locked in the speed reading on my vehicle?"

Fill in from his testimony and chart below.

"You testiﬁed that you began estimating my vehicle speed at _____ ft. At 41 mph

my vehicle would cover 60 feet in one second, or:"

1 second = 60ft 2 seconds = 120 ft

3 seconds = 180 ft 4 seconds = 240 ft

5 seconds = 300 ft 6 seconds = 360 ft

7 seconds = 420 ft 8 seconds = 480 ft

9 seconds = 540 ft 10 seconds = 600 ft

You may have to explain how you arrived at this calculation:

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Sample Traﬃc Court Script (22 of 41)

"There are 5280 feet in one mile, 60 seconds in one minute, 60 minutes in one hour –

60 times 60 equals 3600 seconds in one hour. Divide 5280 by 3600 and that equals

1.47 (rounded from 1.4666) feet traveled per second per one mph. To determine how

far a vehicle travels in feet-per-second just multiply the speed of the vehicle by 1.47."

Move on to the next question:

"Oﬃcer, please explain cosine error to the court."

If he gives wrong answer:

"Your Honor, that is not correct and I'd like to refer to the radar training manual

for the proper explanation."

If he can't explain it:

"I wish to make a motion that the radar testimony not be admitted into evidence.

Understanding cosine error is absolutely critical to the use of radar."

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Sample Traﬃc Court Script (23 of 41)

If the oﬃcer can explain cosine error:

Continue your questioning.

"Oﬃcer, would you estimate the angle from where your car was positioned to where

my car was when you locked in the speed reading?"

Use the cosine angle charts included later in this ebook, online, or from a radar

manual. is should show that your vehicle would have to be going

signiﬁcantly faster than 41 mph to register that speed on the radar gun.

"Oﬃcer, you have already testiﬁed that you estimated my speed at 40 to 45 mph;

does it make sense that my vehicle would actually be going XXX mph when it passed

your vehicle? Does this not suggest that the radar reading was in error?"

It doesn't matter much what he says, just move on.

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Sample Traﬃc Court Script (24 of 41)

"Oﬃcer, given that this was early February, did you have your car running, and the

heater and blower on to keep warm?" (he answers yes or no)

"Did you have your police radio on?"

"Did you have a computer on in your vehicle?"

"Can components in the squad car cause errors with radar readings?"

e answer doesn't matter much unless he says "no," in which case you ask

the court:

"May I refer to the operator manual and read the section on these kinds of problems?"

"Can external features like power lines and transformers interfere with radar

readings?" (yes)

If he says "no," circle back to the discussion in the manual.

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Sample Traﬃc Court Script (25 of 41)

Show him the picture of the power lines and transformer on John Street and

Main, and ask:

"Are you aware of the location of these power lines and transformers?"

His answer doesn't matter; just move on.

"Oﬃcer, please describe mechanical and electromagnetic causes of faulty radar readings.

Couldn't the (items previously discussed) cause an erroneous radar reading?" (yes)

Let him say whatever he wants, including that he doesn't know.

"Oﬃcer, please describe beam reﬂection error."

If he can't describe the causes:

"Your honor, I wish to make a motion that the radar testimony not be admitted into

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Sample Traﬃc Court Script (26 of 41)

evidence. If the witness does not understand these most basic forms of radar error, he

is not competent to testify on the use of radar."

If he gives the wrong answer:

"Your honor, may I refer to the radar training manual for the correct description?"

If he can describe them:

"Are there not buildings and signs in this area with ﬂat surfaces that can potentially

reﬂect radar signals that could measure the speed of vehicles other than the vehicle

you are monitoring?" (yes or no)

His answer doesn't matter. If you have a picture that contradicts his answer,

show it.

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Sample Traﬃc Court Script (27 of 41)

"Your incident report mentions that you tested your radar device before and after

issuing my citation. Would you explain where, when and how you conducted that

test?"

If he conducted both tests with tuning forks at the site of the clocking, do not

challenge the testing procedure, but get him to go into detail on the testing

procedure and how much time is involved in doing the tests.

is will indicate a major gap of time during which he was not paying

attention to your car or where it was going.

If he did not use tuning forks and just used the radar's self-test, you should

challenge the validity of that test:

"Isn't it possible that interference or a momentary failure within the radar device

could also cause the testing system to malfunction?" (answer doesn't matter)

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Sample Traﬃc Court Script (28 of 41)

"Don't the radar manufacturers provide tuning forks to test the functioning and ac-

curacy of their radar products?" (yes) (answer doesn't matter)

"Don't operator training manuals, such as this one from the State of Wisconsin,

recommend the use of tuning forks to check and monitor the accuracy of radar

units?" (yes)

If the oﬃcer says he checked the radar after he stopped you, or at any other

location but the one he clocked you at, regardless of how he tested the radar

unit, ask this string of questions:

"When you tested the radar unit where you stopped me (or at the police station etc.),

would your test reﬂect the external environment that existed at the location where

you clocked my vehicle?" (no)

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Sample Traﬃc Court Script (29 of 41)

If he answers yes:

"Wouldn't the potential sources of interference or other external causes of radar errors

vary from location to location?" (yes)

Note: If he continues with wrong answers, refer to the manual.

"Would a power surge or spike in a power line or transformer that caused interference

with the radar reading at the site where you measured my speed be recorded or reﬂected

in a test done in an entirely diﬀerent location under diﬀerent circumstances?" (no)

"If there were beam reﬂection errors at the site of the clocking – errors that are often

not detectable – would a test at an entirely diﬀerent location conﬁrm those errors?"

(Just have him answer yes or no.)

"After you observed and measured the speed of my vehicle with your radar device,

what did you do, in detail?"

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Sample Traﬃc Court Script (30 of 41)

If he says he pulled out in pursuit of your vehicle, but earlier testiﬁed that he

tested the radar device, remind him of that and ask how much time the testing

process took.

"Were you maintaining visual contact with my vehicle while you conducted the test

of the radar device?"

If he used tuning forks, remind him of the process and the time it would take.

If he didn't test the radar at the clocking site, try to get him to admit that he

couldn't always keep track of your vehicle because he was crossing and entering

traﬃc.

"How far from the intersection of John Street and Main Street was it to the location

where you pulled over my car and the car in front of me on County Highway CS?"

(4/10 mile)

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Sample Traﬃc Court Script (31 of 41)

"e third element the state must prove to convict me of speeding is that

the speed limit was posted on an oﬃcial sign. Do you have personal conﬁrmed

knowledge that the speed limit signs nearest to the intersection of John Street and

Main Street meet the standards for oﬃcial signs as described in the Wisconsin

Manual on Uniform Traﬃc Control Devices?"

If he starts to pontiﬁcate, cut him oﬀ and ask for a yes or no answer.

If he says yes:

"Would you please describe the basic standards, such as shape, dimensions, color, and

location criteria?"

e prosecutor will be jumping around objecting, but you should hang tough

and point out: "e prosecution has the aﬃrmative responsibility to prove the defen-

dant violated a speed limit and that the speed limit was posted on an oﬃcial sign."

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Sample Traﬃc Court Script (32 of 41)

If the district attorney objects:

"If the prosecution does not provide evidence that the speed limit signs in question

meet the standards for oﬃcial signs, it has not met the burden of proof to convict a

defendant of speeding. at concludes my questions."

When the judge asks you if you wish to begin your case, or something

similar, ask:

"Has the prosecution completed its case?"

e prosecution may recall its witness to try to undo the damage.

If so, listen carefully and don't be bashful about objecting if the prosecutor is

unduly repetitive or goes oﬀ on tangents trying to confuse the case with

irrelevant issues.

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Sample Traﬃc Court Script (33 of 41)

You can follow up with questions of your own if you think they will help your

case, but don't just ask questions for the sake of asking questions, this will just

irritate the judge.

Your turn to testify:

Choose your testimony based on the results of the oﬃcer's testimony and your

cross-examination; you should probably order your arguments according to the

three elements for conviction that you identiﬁed in your cross-examination.

However, depending on the oﬃcer's testimony and any weaknesses you found,

you may want to make a Motion for Dismissal without testifying. It's a good

idea to ask for a short break before testifying, to arrange your thoughts.

A Motion for Dismissal also serves to introduce the arguments you will be

making in your testimony, if the motion is denied.

"Your Honor, I wish to make a Motion for Dismissal. My grounds are as follows:

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Sample Traﬃc Court Script (34 of 41)

e oﬃcer's observations were proven to be in error.

He misidentiﬁed my vehicle.

He said the event occurred in the daytime when his own record showed it occurred

after sundown.

He could not identify the vehicle that stopped at the same time I was stopped.

e oﬃcer provided no documentation of the radar unit's inspection, maintenance,

calibration or third-party testing.

His understanding of radar operation errors was minimal or wrong.

He provided no written documentation of his training, even though I had made it

clear that I wanted to see such documentation. e radar reading itself was taken

in an area strewn with power lines and transformers. e oﬃcer testiﬁed to having

several devices known to cause radar-reading errors operating in his vehicle.

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Sample Traﬃc Court Script (35 of 41)

Further, according to his own testimony, the angle of the radar beam at the point he

said he locked in my speed was so severe as to make the reading useless.

Finally, your honor, there was no testimony oﬀered by the prosecution that proved I

violated a speed limit posted on an "oﬃcial" sign as required by xxxxxxx."

If the Judge denies your motion, move forward with testimony:

"First, I would like to make this simple and direct statement: 'On Sunday, February

7th at 5:20 PM I was not speeding on Main Street, or any other street, in the

Village of Podunk. I am well aware of the Village's intense use of speed enforcement

and I was driving accordingly.

As noted previously, WIS JI 2678 requires that to convict a person of

speeding, the prosecution must prove the defendant was driving a vehicle

on a public road.

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Sample Traﬃc Court Script (36 of 41)

While it is obvious by my presence that I was in Podunk on February 7th and using

public roads, I was not driving a red car. I was driving a black and orange car.

Further, the citation indicates this took place during daytime. In fact, it was after

sunset, if not completely dark.

ere was another car in front of me that also pulled over, when the oﬃcer pulled us

over on county CS on the outskirts of Poynette. Yet the oﬃcer said there was no other

car on the road.

Given the distance (almost half a mile), and conditions (dark, and with two corners

that the oﬃcer had to go around), plus having to ﬁrst make a u-turn or something

similar on Main Street to pursue my vehicle, it would have been virtually impossible

for the oﬃcer to have maintained visual contact with my vehicle.

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Sample Traﬃc Court Script (37 of 41)

is was further evidenced by the long interval between when the oﬃcer allegedly

clocked my vehicle and when he put on his lights to pull me over. And there were

also other streets intersecting with this route where a vehicle could have exited.

erefore, given the many inconsistencies and errors in the oﬃcer's observations, I do

not believe the preponderance of evidence supports the contention that it was my car

the oﬃcer observed traveling on Main Street that evening.

e failure to properly identify my vehicle, maintain visual contact with my vehicle,

or even identify the correct time of day, are critical failures of proof, and justify dis-

missing this case.

e prosecution failed to provide:

Identiﬁcation documentation for the radar device.•

Documentation of the maintenance, testing, and calibration of the radar device.•

Documentation of the oﬃcer's training with radar devices.•

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Sample Traﬃc Court Script (38 of 41)

Furthermore, the oﬃcer failed to describe common radar errors such as:

Electromagnetic interference•

Beam reﬂection error•

Cosine error•

OR:

Failed to properly test the unit at the location where the radar reading was con-•

ducted.

Failed to use tuning forks to avoid false test results.•

Failed to consider the high probability of interference from nearby power lines •

and transformers.

Failed to recognize the potential for interference from the heater and defroster •

system in the vehicle (fans, blowers).

(continued on next page)

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Sample Traﬃc Court Script (39 of 41)

ese failures should result in the radar testimony not being allowed into evidence.

Finally, the prosecution introduced no evidence that the speed limits signs near Johns

St. meet state standards for oﬃcial speed limit signs."

Show Figure 2A-2 out of the manual.

"is is page 38 of the Federal Manual on Uniform Traﬃc Control Devices. It

shows that a roadside sign in business, commercial, or residential area must be 7 feet

from the ground to the bottom of the sign."

Show sign photo.

"is is a picture of the speed limit sign on the west side of Main St. by John St. e

distance from the ground to the bottom of the sign is 5 feet 4 inches.

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Sample Traﬃc Court Script (40 of 41)

Wisconsin State Statutes 84.02(4)(e) requires the adoption of the 'Manual on

Uniform Traﬃc Control Devices.'

Wisconsin State Statutes 349.065 requires local authorities to comply with the

'Wisconsin Manual on Uniform Traﬃc Control Devices' when designing, installing,

and operating traﬃc control devices.

e prosecution has an aﬃrmative responsibility to prove that I was driving a

vehicle on a public highway.

is burden was not met because my vehicle was not properly identiﬁed, nor were

the conditions that existed at that time accurately described.

e prosecution also had a responsibility to prove that the vehicle under my control

was exceeding the speed limit. e radar evidence presented was inadequate to

prove to a reasonable certainty that my vehicle was exceeding the speed limit.

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Sample Traﬃc Court Script (41 of 41)

Finally, the prosecution is required to prove that there was an oﬃcial sign displaying

the properly posted speed limit. No evidence was presented to prove that the speed

limit sign located on Main St. at John St. met the standards for oﬃcial signs as

prescribed by the 'Wisconsin Manual on Uniform Traﬃc Control Devices.'

And, I repeat, on Sunday, February 7th I was not speeding on any street in the

Village of Podunk. ank you, your honor. at completes my testimony."

e prosecutor has a right to cross-examine you, but may choose not to because

you are savvy and there is nothing you would say to undermine your case. §

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e Basics Of How Radar Works (1 of 5)

A radar beam acts very much like a searchlight.

It spreads out from the source and is easily reﬂected, a feature that it shares with

microwave radiation.

Metal objects such as cars, signs and bridges make excellent radar reﬂectors,

sending microwaves around at odd angles. However, microwaves are invisible.

ey are not invisible to a radio frequency receiver though, and radar is nothing

more than a radio transmitter and receiver designed for those frequencies.

Radar works on the "Doppler shift" principle.

An example of this happens at railroad crossings. When you're stopped at a

crossing, an approaching train's whistle changes pitch after it passes you. It goes

from high to low. at's an example of a Doppler shift.

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e Basics Of How Radar Works (2 of 5)

A radar unit measures the frequency between the sent and reﬂected (received)

signal. Since the frequency of the sent signal is known, it makes its determinations

based on that.

If the reﬂected frequency is higher, the target is moving closer. If the

reﬂected frequency is lower, it's moving away.

ere are two kinds of radar in use today: air traﬃc control/military and

police traﬃc radar.

Air traﬃc control/military radar is highly sophisticated equipment with

antennas that sweep in various directions to provide pinpoint location of a

target. ey can detect the speed, altitude, and in some cases, shape of the

object being tracked.

ese kinds of radars cost many thousands of dollars and their antennas must

be mounted high oﬀ the ground in order for them to work well.

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e Basics Of How Radar Works (3 of 5)

ese radars also have cathode-ray tubes as the display medium. ey can track

many objects at the same time. ey have a modulated beam, meaning objects

very close to each other can be seen as two diﬀerent objects on the display.

Police traﬃc radar is not very complex.

It has to be simple due to its design limitations. It has to ﬁt on the dashboard of

a car, it can't place too great a demand on the car's electrical system, and it can't

cost too much, due to municipal budget constrictions.

It has none of the advanced capabilities associated with aviation radar. Because

its beam is constant (not modulated as in the example above), it can't measure

distance or pick out one target among many.

Its display is nothing more than one or two digital displays (patrol vehicle speed

and target vehicle speed). is is its Achilles heel because it leaves the job of

deciding who's going fastest up to the operator.

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e Basics Of How Radar Works (4 of 5)

It tells the operator how fast the vehicle with the most dominant reﬂective

surface is going, but it cannot speciﬁcally identify the oﬀending vehicle

among a group of vehicles.

Even the newest radar guns, with their digital signal processing capability,

cannot tell the operator which vehicle is speeding.

Radar works by transmitting a microwave beam down the road. If your

vehicle is struck by this beam, the beam reﬂects oﬀ your vehicle. Part of that

reﬂected beam is returned to the antenna on the radar device.

Traﬃc radar's low power limits its ability to detect vehicles far away. As with

ﬂashlights, the farther the microwaves have to travel to the target to be reﬂected,

the farther the return trip is and the weaker the signal is.

If an oﬃcer zaps you with radar while you're still a mile away, that radar signal has

to travel two miles, since it needs to return to the radar gun to be of any value.

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e Basics Of How Radar Works (5 of 5)

If the signal is too weak, no speed is recorded. You're out of range.

Radar's eﬀectiveness depends on two things: the power of the transmitted

signal, and the reﬂectivity of the target.

e amount of power is determined by the radar designers, who must keep

in mind municipal budgets (more power = higher cost) and the typical police

vehicle's electrical capacity.

As far as you're concerned while you're on the road, neither of these two are

variables. However, the reﬂectivity of the target is a variable. For vehicles, radar

reﬂectivity is mostly an issue of size and shape. e larger you are, the easier it is

for radar to pick up and bounce oﬀ you.

A typical over-the-road semi is a wonderful radar reﬂector; it's huge and the

surfaces are primarily ﬂat. However, a car is smaller and the sheet metal is

generally not ﬂat. is reduces the "visibility" of the car to the radar signals. §

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Types Of Police Radar (1 of 3)

All police radar operates on the same principles we've outlined previously.

However, there are diﬀerent kinds of radars and each has a particular use:

Stationary radar is the archetypical "radar gun" that everyone talks about,

although mobile radars can also be used in the stationary mode.

Use of these radars is popular with motorcycle police, where two-piece radars

are more convenient. Hand-held radars are also used to detect how fast a

pitcher is throwing a baseball.

Mobile radar is a more complex radar setup where the oﬃcer is able to check

the speeds of drivers while his patrol car is moving (or not moving).

e theory of operation is just the same as all other radar; a microwave beam

bounces oﬀ a car and the returning frequency is measured to determine the

target's speed.

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Types Of Police Radar (2 of 3)

However, this beam has two purposes: to measure the speed of the target ve-

hicles, and to measure the speed of the patrol car.

e strongest reﬂection is assumed to be the nearby terrain, signs, bridges, etc.

and it is used to calculate patrol car speed.

e second strongest reﬂection is assumed to be traﬃc, and an internal

calculator compares patrol speed with target speed to produce a ﬁnal target

speed reading, provided there are no errors.

e radar unit does not get the patrol car's speed from the car's speedometer.

Instant-on radar refers to any radar gun that can be kept in a reserve mode and

then instantly activated to capture the speed of a target vehicle.

Its purpose is to reduce the eﬀectiveness of radar detectors.

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Types Of Police Radar (3 of 3)

e instant-on radar speed trap is just like the normal trap, except that the

radar unit isn't transmitting until the operator pushes a button. e system is

on and warmed up but it is not transmitting.

e operator sits and waits for a target to be in range. When a vehicle appears

and the oﬃcer zaps it with instant-on radar, its speed is determined and

displayed.

Photo radar is a form of stationary radar hooked up to a computer and many

forms of cameras, including video cameras. e radar transmits continuously,

and the oﬃcer sets the computer to a particular travel speed. Any motorist

exceeding the designated speed will have their front or rear license plate

photographed.

e photographic images are developed and the registered owner of the vehicle is

sent a citation. Frequently, this entire process is largely handled by private contractors

who receive a percentage of the ﬁnes collected through the photo radar system. §

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Radar Target Acquisition Problems (1 of 5)

Traﬃc radar's biggest problem is in the way it displays information – by a

digital display. An oﬃcer can point the antenna down a road and it will cover

vehicles ranging in size from a motorcycle to a tractor-trailer. All the radar unit

will display is a number; it can't tell which one is moving fastest.

So then, how does the operator know which one is causing the reading?

In truth, the operator often does not know for sure.

He must guess, and may assume the vehicle in the left (passing) lane is the

speeder.

Because traﬃc radar is made to work in a car with its space/power limitations,

and must be aﬀordable enough for municipalities to buy, it must be a simple

device. With a constant beam (as opposed to the modulated beam of military

and air-traﬃc control radars), it can't distinguish between targets that are in

range.

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Radar Target Acquisition Problems (2 of 5)

To make up for the lack of both a modulated beam and a display screen, the

radar manufacturers simply program their electronics to ignore all but the

strongest reﬂections.

It's up to the operator to decide which of the moving vehicles is producing

the reﬂection.

If there's only one vehicle on the road, then it is likely the cause of the

reﬂection, but keep in mind that microwaves can also bounce oﬀ trees or

trash blowing across the road, or they can be interfered with by electricity

(thunderstorms, power lines) or signs wavering in the wind.

If there is more than one vehicle on the road, the operator must choose. Is the

reading caused by the closest one to the patrol car or the biggest one?

It could be both, depending on the situation.

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Radar Target Acquisition Problems (3 of 5)

An oﬃcer who believes in justice will not write a ticket unless he is absolutely

sure that the reading was caused by a particular vehicle.

A less-skilled oﬃcer might think he has the right vehicle and be wrong.

Finally, an oﬃcer who needs to meet the monthly ticket production standard

(quota) may simply assign the number on the display to a "proﬁle" car; a red

Corvette or a black 300ZX.

Due to its cost and physical constraints, traﬃc radar is as not as infallible as

you're told it is. In the late 1970's, a Florida TV station reported that police

radar clocked a tree at 37 mph and a house at 28.

Were those readings wrong? Not exactly. e radar was seeing something. But

what? In this example, an oﬃcer's handheld radio (which was transmitting at

the time) caused the erroneous readings.

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Radar Target Acquisition Problems (4 of 5)

Wind-blown tree leaves, a patrol car heater fan, lightning, or signs wavering in

the wind can all aﬀect the radar's display.

In the late Seventies, the National Highway Traﬃc Safety Administration tasked

the National Bureau of Standards (now the National Institute of Standards and

Technology) to develop standards for the purpose of discovering potential radar

errors and developing standards to eliminate them.

ese standards were never published until 1994.

It is interesting to note that radar was ﬁrst used for speed law enforcement

back in the late 1940's, yet U.S. government standards didn't exist for

nearly 40 years.

To avoid a repeat of that problem with laser, NIST took their radar standards

and did little more than change the word "radar" to "laser" in the text and

release it as the deﬁnitive standard for police laser units.

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Radar Target Acquisition Problems (5 of 5)

e radar standard calls for a level of insulation from transmitting radio

interference, a common problem with radar.

e laser standard calls for this even though lasers are, by their very nature,

immune to radio waves.

Conversely, since radar is not aﬀected by light, the radar standards have no

minimum requirement for light interference, but lasers are aﬀected by light –

yet the laser standard makes no reference to light interference! §

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Radar Detectors & Jammers (1 of 9)

A radar detector is no diﬀerent than the radio in your car's dashboard. It merely

"listens" to a band of frequencies like an AM/FM radio.

Remember that a radar unit sends out a microwave beam and listens for the

reﬂection.

A radar detector is nothing more than the listening section of the radar gun.

Can a detector ﬁnd radar before you're in range? You bet. If you're on a

straight and level highway headed right for the speed trap, the radar beam

is reaching out for you.

Remember though, that microwaves lose energy as the distance from the

transmitter increases. To measure your speed, the beam has to have enough

power to bounce oﬀ you, return to the sender and be decoded by the

radar's electronics.

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Radar Detectors & Jammers (2 of 9)

e return signal must have enough power to be of any use.

Say the radar gun can clock you when you're a mile away. at means it can

detect a radar beam that has traveled two miles; one mile to you and one mile

back.

If your detector is as sensitive as that of the radar gun's receiver, you will be

able to detect the trap two miles away, well before you're in range.

It is not at all diﬃcult to make a detector more sensitive than the radar gun.

But radar isn't usually used on the open road for that very reason. Traﬃc

oﬃcers favor the ambush where they hide behind a bridge or over the crest

of a hill. When you pop into view, you're already in range.

So how can a detector work in this case?

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Radar Detectors & Jammers (3 of 9)

Remember when we said radar is like the beam coming from a ﬂashlight?

On a foggy night you can see the beam even though it is not pointed at you.

Microwaves act the same way. Because they are line-of-sight (like light), they

can't bend and detect your speed around a corner or over hills.

A detector can certainly pick them out though, because microwaves are deﬂect-

ed and reﬂected by a variety of ﬁxed and moving objects, including signs, other

cars, bridge abutments, and even diﬀerent forms of precipitation.

While errant signals are not reﬂected back to the radar gun, a detector will

still detect them.

All that's needed is a receiver as sensitive as that in the radar gun. However,

unlike radar guns, a detector doesn't need to calculate speed, so it can pick out

much weaker signals than the radar unit can and still make use of them.

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Radar Detectors & Jammers (4 of 9)

Detectors are not infallible. If you believe one will prevent you from getting a

ticket, you're in for a surprise.

Radar units have had the "instant-on" capability for many years now,

which is designed solely to defeat detectors.

An instant-on radar gun is kept in the "standby" mode until the operator

pushes the button. While in "standby" mode, it is on and warmed up but

not transmitting. So, a detector can't ﬁnd it.

Even the continuously-transmitting radar guns can be made into a form of

"instant-on" radar by simply aiming the antenna away from the road until a

speeder comes into range.

A detector is still useful against instant-on radar. When radar hits a car in front

of you, your detector will sense the microwaves and sound an alarm.

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Radar Detectors & Jammers (5 of 9)

For this reason, it is very important to heed all alarms.

At highway speeds, you and the officer in the oncoming lane are

approaching each other at around 140 miles per hour. Distances shrink

quickly at that speed, and you'll soon be in range.

A detector never gives false alarms. at may be hard to believe, but it's

true. Every time it sounds an alarm, it is detecting a signal that it was de-

signed to hear.

However, it cannot determine the source of the signal, since a 10.525 GHz

microwave beam from a supermarket door opener is the same as a 10.525 GHz

beam from a police radar unit. It's your job to identify the source.

Laser detectors do work, contrary to what some people believe. However, a

laser beam is a lot harder to detect than a typical radar beam because it is

much smaller.

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Radar Detectors & Jammers (6 of 9)

It is imperative that you heed the alarm every time your laser detector goes oﬀ.

Although the police normally already have your speed and distance information

when the laser detector goes oﬀ, there is a chance the laser is being aimed at a

vehicle in front of you.

Photo radar detectors also work, but because of the very low power of the radar,

you better be smiling for the camera by the time your detector goes oﬀ, because

it already got you.

You are normally able to see photo radar vans long before your detector will.

Radar Jammers

A common question today centers around radar jammers. Are they legal? ere

are two answers.

"Passive" radar jammers do not transmit anything. Some make the claim of

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Radar Detectors & Jammers (7 of 9)

being "radar re-radiators," meaning they are radar reﬂectors.

Well, so is your car!

It doesn't matter if passive radar jammers have electronics inside, if they don't

transmit, or if they claim to mix in some "white noise" with the radar signal or do

some "phase-shifting" of the radar beam – they don't work. So they're legal.

But why spend $200 on something that doesn't work? You can get a

detector that actually works for less.

"Active" radar jammers do transmit. In the United States, in order to transmit

anything in the radar bands, the transmitter must be type-accepted by the

Federal Communictions Commission, and the operator must be licensed.

In the case of police radar, the department's or municipality's license is good

enough; individual cops don't need an FCC license.

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Radar Detectors & Jammers (8 of 9)

ese jammers are not FCC type-accepted because the FCC doesn't approve

devices when the sole intent is to jam other transmitters.

Notice too, that they don't include license applications with the jammer.

So, "active" jammers do work, but they are illegal.

By the way, many newer radar units can detect when they're being jammed, and

an indicator lights up.

Since the police are "trained" to visually estimate speed, it's easy for them to

spot someone zooming by at 85 mph and think something's wrong when the

radar display shows only 32 mph, or some equally erroneous speed.

Even untrained people could do that. So, by using a jammer, you may be

getting exactly the attention you had hoped to avoid.

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Radar Detectors & Jammers (9 of 9)

It may be possible for the oﬃcer to cite you for obstruction of justice, or

interfering with a police oﬃcer.

Laser jammers do work, and are legal as far as the FCC is concerned.

e FCC doesn't regulate devices that transmit above a certain frequency. If

they did, they'd have to issue licenses for every light bulb and TV remote ever

made.

However, the same story about obviously erroneous speeds or interfering with

an oﬃcer applies here as well.

Also, some states have laws speciﬁcally banning laser jammers. §

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e Basics Of How Laser Guns Work (1 of 6)

Laser speed guns transmit a light beam that measures the distance between the

laser gun and the target vehicle. Distance is measured by the time of ﬂight of a

laser pulse.

Because the speed of light is both known and constant, it serves as the basis for

determining distance. Once distance is known, speed is calculated by

comparing the change in distance against a span of time.

is marks a signiﬁcant diﬀerence between traﬃc radar and laser guns –

traﬃc radar does not measure distance.

A German test conducted in 1995, on the LTI 20.20 laser gun (made by Laser

Technology Incorporated), found that its laser beam was, in fact, not one solid

beam at distances beyond 300 feet.

At that distance, and beyond, it splits into three distinct lobes.

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e Basics Of How Laser Guns Work (2 of 6)

e study also found that it was diﬃcult to achieve accurate readings at

distances over 500 feet, due to the possibility that the laser beam could be

hitting a nearby vehicle, rather than the one targeted by the oﬃcer.

Oﬃcers are trained to aim the laser at the license plate because it is typically the

most reﬂective surface on a car.

At a distance of over 500 feet, using a laser gun with a non-magnifying sight,

it is extremely diﬃcult to hit a moving, license-plate-sized target, while not

moving the laser gun itself.

Any movement of the gun by the operator could result in an inaccurate

speed reading.

If the laser is initially aimed at your license plate and the oﬃcer jiggles the gun

while shooting, the laser beam could be reﬂected by the chrome on the front grille.

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e Basics Of How Laser Guns Work (3 of 6)

Because lasers measure speed by determining distance, an inaccurate reading

would result, since the license plate is closer to the laser gun than the grille.

Atmospheric and environmental conditions also aﬀect laser.

Rain, fog and dust scatter the laser beam, as do heat waves wafting oﬀ the road

on a hot day. is makes speed readings either impossible or inaccurate.

Laser beams can also be confused or overpowered by headlight high beams.

Older models of laser guns should not be ﬁred through glass. Laser beams

can be distorted or "bent" as they pass through glass. However, recent

technological advances have allowed newer laser gun models to be ﬁred

through glass successfully.

e manual for the LTI 20.20 does not speciﬁcally prohibit shooting through

glass, it merely advises against it.

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e Basics Of How Laser Guns Work (4 of 6)

e use of laser does not nullify other requirements for issuing a ticket.

For instance, the oﬃcer must ﬁrst obtain a visual estimate of the vehicle's speed.

Only then should the oﬃcer use the laser to verify his speed estimate.

Yet, the very design of most speed traps (around a corner, beyond the crest

of a hill) makes meeting this requirement nearly impossible.

Furthermore, the oﬃcer must maintain constant visual contact with the

violator, until the violator is stopped and identiﬁed.

Due to the way the LTI 20.20 operates, an oﬃcer must pull the laser away from

his eye to look at the speed display on the back. In so doing, he's lost

constant visual contact.

e Kustom Signals ProLaser uses a "head-up display" and therefore does not

have this limitation.

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e Basics Of How Laser Guns Work (5 of 6)

Perhaps you have heard about "cosine error" and how it aﬀects radar. Well, it

aﬀects laser as well.

Cosine error always works in the driver's favor. If the laser beam hits your car at

a 20 degree angle, and you were traveling 50 mph, the laser gun would show a

reading of 47 mph. e cosine of 20 degrees is .939, so 50 mph multiplied by

the cosine of 20 degrees [0.939] equals 47 mph.

To minimize cosine error and get an accurate reading, an oﬃcer must stand as

close as possible to the road.

Unlike radar, laser does not have a means of independently testing its internal

functions (short of timing a vehicle traveling at a known rate of speed).

e test function on the laser merely indicates that the electronics are in

working condition.

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e Basics Of How Laser Guns Work (6 of 6)

It does not and cannot tell the operator that a 30 mph reading is, in fact, accurate.

Because laser is cumbersome to use, it is usually employed by teams of oﬃcers – one

doing the clocking and the other(s) doing the pursuing and issuing of citations.

e advent of laser does not signal the dawn of a "new age" in speed enforcement.

Laser guns are much more expensive than radar guns. Laser guns are more

diﬃcult and awkward to use than radar guns. Laser guns cannot be used in a

moving patrol car. Laser gun operators can hit the wrong target, and through

improper operation, laser guns will register inaccurate speed measurements.

e obvious question is, "Why use laser guns for speed enforcement?"

e answer is, "Public relations."

If the motoring public can be convinced that laser is infallible, tickets won't

be contested and individuals will more readily ﬁll government coﬀers with

ﬁnes, and insurance company bank accounts with surcharges. §

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Possible Photo Radar Ticket Defenses (1 of 5)

e ﬁrst thing to remember is that photo radar can make mistakes. Radar is a

problematic technology and is subject to numerous errors. is means that you

can challenge a photo radar ticket by using some of the same techniques that

you would to ﬁght a radar ticket issued by a police oﬃcer.

It's important to note that radar errors are even more likely to occur with

photo radar because it lacks any oversight from an oﬃcer.

Here's a quick listing of some of the photo radar ticket defenses that have been

tried in various states:

Alaska

By Larry Wood, former NMA Alaska Chapter Coordinator.

ree defenses have succeeded in Anchorage District Court. A three-magistrate

panel has reviewed Anchorage's photo radar program against the arguments of-

fered so far by the city and rejected by the lower courts.

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Possible Photo Radar Ticket Defenses (2 of 5)

e magistrates upheld the defendant's cases, so photo radar has no legal

support in Anchorage, and therefore, Alaska.

Successful arguments by defendants include:

1) Photo radar fails to meet the burden of the police oﬃcer being the

witness to the violation and personally serving a summons at the time.

In normal traﬃc radar cases you will always hear the litany of "I visually estimated

the speed of the defendant's vehicle and conﬁrmed that visual estimation with my

radar unit." In other words, the radar unit is not relied upon as the primary

evidence, just as supplemental and conﬁrming evidence of the violation.

e good police oﬃcer ﬁrst observes, then conﬁrms with the machine.

With photo radar, the radar unit is the sole means of establishing that a

violation occurred.

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Possible Photo Radar Ticket Defenses (3 of 5)

2) e service by mail fails because it is a violation of Alaska Court Rule 4

(c)(1):

"Service of all process shall be made by a peace oﬃcer . . . or where a rule so pro-

vides, by registered or certiﬁed mail."

So, if you received your summons by regular mail, the service is invalid.

e most recent case was overturned on the basis that the service by the city

using regular mail violated court rules with respect to service of the summons/

citation/complaint by the city upon the defendant.

3) Photo radar violates your 6th Amendment rights to due process in that

you can hardly confront your accuser – a machine.

e ﬁrst case was thrown out by the court for this reason.

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Possible Photo Radar Ticket Defenses (4 of 5)

Challenge your ticket on the basis of improper service of a summons, violation

of 6th Amendment due process rights, and a deviation from the court's

normal standard of radar use for speed measurement (i.e. the police oﬃcer must

observe the violation and conﬁrm his observation with the traﬃc radar).

Arizona

By Steve Bacs, NMA Arizona Activist.

In 1987, the Arizona Superior Court handed down two decisions:

1) You cannot be forced to identify the driver. Even if it is you driving the vehicle,

it would be a violation of your constitutional rights against self-incrimination.

2) A registered mail receipt is not adequate proof of service of a summons for a

traﬃc ticket. A valid summons must be presented by an oﬃcial or oﬃcer of the

court on a complaint form signed by you, acknowledging that you will appear.

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Possible Photo Radar Ticket Defenses (5 of 5)

California

Tickets issued by photo radar in Calfornia have been successfully defeated

thanks to the state’s anti-speed trap law. California Vehicle Code Section 40802

requires that speed limits be justiﬁed by an engineering and traﬃc survey that

has been conducted within a certain timeframe. (is does not apply to local

streets, roads, or school zones.)

Nevertheless, there are several areas in cities throughout the state where posted

speed limits do not meet the requirements of CVC 40802, yet the police en-

force those limits. ose are speed traps as deﬁned by California law.

If you receive a photo radar ticket in California, one of your initial steps should

be to obtain a copy of the most recent engineering and traﬃc survey conducted

along the section of road where you were cited. Compare that to the speciﬁc time

constraints of when a study had to have been done per CVC 40802 (easily found

in an online search). If the latest study was not done within the time allotted by

CVC 40802, make a motion to dismiss by citing an improperly set speed limit. §

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Additional Resources & Sample Forms

ere are several resources that we think you'll ﬁnd useful that did not ﬁt

within the format of this ebook.

We set up a web page where you can access these resources at any time:

www.motorists.org/ebook-resources/

Some of the resources included are:

A sample discovery request form (in PDF and MS Word format).•

A sample public records request form (in PDF and MS Word format).•

Cosine tables for dealing with cosine error if you have a radar ticket.•

If you have any trouble accessing these additional resources, please let us know

and we'll sort things out for you. You can ﬁnd our contact information on the

NMA website at www.motorists.org. §

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Why You Should Join e National Motorists Association

We hope you've found this ebook informative and useful in ﬁghting your

traﬃc ticket. We've been helping people ﬁght traﬃc tickets for over 25 years,

but that's just a small part of what we do.

We work for more reasonable speed limits, better driver training, fair

enforcement practices, and much more.

By joining the organization you're helping contribute to a better driving

environment for everyone.

Members also get ticket help over the phone, an extremely valuable beneﬁt that is

not available to people who simply purchase the ebook online separately.

Please join the National Motorists Association today:

https://www.motorists.org/join/

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What People Are Saying About e NMA (1 of 3)

e National Motorists Association has been helping motorists ﬁght traﬃc

tickets for over 25 years and in that time we've built a reputation for providing

useful, credible information.

Here are a few comments from drivers whom we've helped in the past:

"In my opinion, the NMA has the potential to become the de facto standard for the

best advice short of professional legal representation. Maybe it is already. e NMA

seems to have the clout and merit that sets it apart from the rest."

- Scott Shafer, Michigan NMA Member

"I joined the NMA, and decided to take my case to court. Without the help of the

NMA, I would not have been nearly as prepared or conﬁdent when I faced the court.

I believe it was the conﬁdence I expressed, the evidence and exhibits I was carrying,

and my prepared motion that caused the state's attorney to dismiss the case."

Mike (last name withheld on request), Illinois NMA Member

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What People Are Saying About e NMA (2 of 3)

"e most important thing I did in preparing my appeal (for a speeding charge) was

to contact the National Motorists Association, and speak to NMA staﬀ. Based on

information they supplied, I formed a research plan. What I found was that there

was no scientiﬁc study on the visual estimation of speed. e Idaho State Appeals

Court (subsequently) found that the evidence was not suﬃcient to support a ﬁnding

of guilty beyond a reasonable doubt."

David Estes, Idaho NMA Member

"anks to many articles in the (NMA Foundation's) Driving Freedoms newsletter,

and especially for "Challenging the Visual Estimation of Speed," I beat an

"unwinnable" speeding ticket. ank you, NMA, very much."

Robin Curtis, California NMA Member

Join the National Motorists Association today:

https://www.motorists.org/join/

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What People Are Saying About e NMA (3 of 3)

"I sent a registered letter to the court, and included NMA language for compelling

discovery from the ticketing oﬃcer, who was acting as the prosecutor. ere was no

response, so I continued my study of the law and courtroom procedures through the

Internet. e NMA was always there by phone or email to answer my questions. e

judge dismissed the charges of a cracked windshield, not having a license plate mount-

ed clearly at the rear of the vehicle, and not having proof of insurance. e citations

carried a combined potential penalty of $1300. e judge dismissed all charges. You

have to be willing to stand up for your rights in court. Is it easy? No, and there is no set

of magic statements that will guarantee a dismissal of charges. But you can ﬁnd orga-

nizations, like the National Motorists Association, with the understanding of judicial

processes to help you preserve your personal freedoms by ﬁghting traﬃc citations."

John Dowling, Arizona NMA Member

Get the full version of our ticket-ﬁghting ebook now:

https://www.motorists.org/join/