COVERS DUI/DWI “Beat Your Ticket gives responsible motorists the means to protect their rights.” JAMES J. BAXTER, PRESIDENT, NATIONAL MOTORISTS ASSOCIATION Beat Your Ticket Attorney David W. Brown • speeding tickets • stop sign citations 6TH EDITION Go to Court & WIN Free Legal Updates at Nolo.com N O L O ® Fight your: • u-turn violations • lane change tickets • suspended license violations • reckless driving tickets e Story Dear friends, Founded in 1971, and based in an old clock factory in Berkeley, California, Nolo has always strived to off er clear legal information and solutions. Today we are proud to off er a full range of plain-English law books, legal forms, software and an award-winning website. Everything we publish is relentlessly researched and tested by a dedicated group of in-house legal editors, who together have more than 150 years’ experience. And when legal changes occur after publication, we promptly post free updates at Nolo.com. 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Brown, David Wayne, 1949- Beat your ticket : go to court & win / by David Brown. 6th ed. p. cm. Includes index. Summary: "A complete how-to manual on fi ghting your ticket, with specifi c and detailed chapters on how to research legal issues, develop defenses, conduct jury voir dire, cross-examine witnesses, and make opening and closing statements. All rules, statistics, and traffi c laws have been updated" Provided by publisher. ISBN-13: 978-1-4133-1251-5 (pbk.) ISBN-10: 1-4133-1251-9 (pbk.) 1. Traffi c violations United States Popular works. 2. Traffi c courts United States Popular works. 3. Pro se representation United States Popular works. I. Title. KF2231.B76 2010 345.73'0247 dc22 2010008695 Copyright © 1999, 2002, 2003, 2005, 2007 by David Brown. Copyright © 2010 by Nolo. All rights reserved. The NOLO trademark is registered in the U.S. Patent and Trademark Offi ce. Printed in the U.S.A. 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Acknowledgments For their substantial contributions to the sixth edition of this book, sincere thanks to: • StephenR.Elias,Noloauthor,originaleditorofNolo’sCriminal Law Handbook, and part-time criminal defense attorney • J.DavidMarkham,CertiedCriminalLawSpecialist,certiedbytheStateBarof California Board of Legal Specialization Thanks also to the many cherished Noloids who contributed to the publication of previous editions. Your Legal Companion for Beating Your Ticket 1 First ings A Tale of a Ticket 4 Are Tickets Impossible to Beat? 5 How is Book Is Organized 6 2 What Are You Charged With? What Does the Law Say? 8 Finding Support Using Legal Research 10 3 Should You Fight Your Ticket Understanding Traffic Offenses 16 Negative Consequences of Getting a Ticket 18 e Traffic School Option 20 Deciding Whether to Fight Your Ticket 21 Putting It All Together—How to Decide Whether to Fight or Fold 24 Defenses at Rarely Work 25 4 Lawyers and What ey Can Do for You What Lawyers Can Do 28 Types of Lawyers 29 Getting the Most Out of Your Lawyer 32 Firing Your Lawyer 32 5 Speed Violations: Understanding the Laws of Your State ree Types of Speed Limits 34 “Absolute” Speed Limits 35 “Presumed” Speed Limits 35 e “Basic” Speed Law 39 Table of Contents 6 Speed Detection: Pacing, Aircraft, VASCAR, Radar, and Laser— How ey Work, How to Fight em Getting Caught 42 How Was Your Speed Measured? 43 7 Other Moving Violations Not Stopping at Stop Signs 69 Not Stopping at a Stoplight 71 Automated Enforcement Devices (“Red Light Cameras”) 73 Improper Turning 75 Right-of-Way Violations 81 Driving Too Slowly 86 Tailgating 88 Unsafe Lane Changes 90 Improper Passing 91 Non-DUI/DWI Alcohol-Related Offenses 92 8 Driving Under the Influence e Standard Charges 102 e Arrest 105 e Arraignment 112 Interpreting the Police Report 114 Do You Need a Lawyer? 118 After the Arraignment 122 Pleading Guilty 123 Going to Trial 124 All About Alcohol 127 Additional Resources 130 9 First Steps to Fight Your Ticket So You’ve Decided to Fight 132 Taking the First Steps 132 Using “Discovery” to Build Your Case 142 [...]... beaten 2 | beat your ticket If you received an unjust ticket, or if you just can’t afford another ticket on your record, it may be worth trying to get out of it and this book can be your guide It explains how to research and understand the motor vehicle law of your state and how to assess the odds of beating your ticket It also explains also how to challenge the ticket—from pleading not guilty to. .. least several hours and probably many more preparing to fight the ticket • You’ll worry about making a good court presentation • You’ll spend half a day or more going back and forth to court and arguing your case If you don’t fight the ticket, you could end up doing some or all of the following: • spending money and many hours in traffic school to clear your record • paying a hefty fine and having the ticket... that may work to raise at least a reasonable doubt as to your guilt Here are the types of evidence most l ikely to help you convince a judge: • Statements of witnesses, such as assengers or bystanders, who testify p to your version of events • A clear, easy -to- understand diagram showing where your vehicle and the officer’s ehicle were in relation to v other traffic and key locations and objects,... are forced to stop on a freeway ecause your car began to make a b loud and dangerous-sounding noise, and you feared you would put other d drivers in anger if you continued to drive without checking it out • You swerved into the right lane without ignaling a lane change to pull s over because a hornet flew into your car through your open window • You had sudden and severe chest pain and safely... devoted to initial court procedures required when preparing your case—for example, obtaining the officer’s notes to build your defense Chapter 10 helps you prepare for your day in court, including preparing your testimony and the testimony of your witnesses Chapter 11 helps you prepare to crosse xamine the police officer Chapters 12 and 13 prepare you for jury and nonjury trials Because we want to keep... suspension of your p driver’s icense l Fines A routine ticket for speeding, failure to yield, or failure to stop at a stop sign will normally cost you between $75 and $300, depending on your state law and sometimes your driving record If the fine isn’t ritten w right on the ticket, it’s easy to learn the amount by looking online or calling the traffic court States normally have standard fines for... traffic school is 100% reliable in keeping the violation off your record (As long as you remember to set your alarm clock and make it to the class.) Policies on allowing you to eliminate a ticket from your record by going to traffic school vary from state to state (They can also occasionally vary within a state, where local courts have some discretion to set their own policies.) For example, in some states... information that will help you assess your odds of success and make your task—should you choose to challenge your ticket—far easier With a little research and preparation, there is a chance that a ticket you consider “unbeatable” can be beaten No matter whether you’ve received your first or 22nd ticket, it is always worth carefully checking out the motor vehicle law and your potential defenses before writing... makes sense to move in this direction caution Always prepare to contest serious violations If you’re charged with anything that could land you in jail—like reckless or drunk driving—it is almost always wise to at least take the first steps necessary to fight the charge In most states this consists of telling the court clerk you want to plead not guilty and then actually going to court to enter your plea... state’s e department of motor vehicles Obviously, if you face losing your icense, your incentive l to fight a ticket goes way up no matter what your chances of winning No matter what type of point system is used, you are typically entitled to a hearing in front of a motor vehicle bureau hearing officer before your license can be revoked At that hearing it is often a good idea to explain why at least . Wayne, 1949- Beat your ticket : go to court & win / by David Brown. 6th ed. p. cm. Includes index. Summary: "A complete how -to manual on fi ghting your ticket, with specifi c and detailed. youjustcan’taffordanotherticketon your record, it may be worth trying to get out of it and this book can be your guide. It explains how to research and understand the motor vehicle law of your state and how to assess. both consumer and business self-help books and software.” LOS ANGELES TIMES e Trusted Name (but don’t take our word for it) 6th edition Beat Your Ticket Go to Court & Win Attorney David