To beat that ticket, you just need to understand how the system works and then you will beat them at their own game. Once you see how, it can actually be fun questioning the officer on the stand and watching him fumble for answers. If you go into court without knowing what you are doing, you will almost certainly hear the words GUILTY as you are sent to pay your fine. Don't let that happen to you.
Here is a specific strategy used to win in court. This strategy assumes you have requested and received a copy of the officer's copy of your speeding ticket. This strategy falls under the Objection, Independent Recollection strategy. Here is how it works:
- The officer will likely read from a copy of your speeding ticket with notes they took when they wrote your ticket. They take notes because they write 5 to 10 tickets daily and if goes to court, they can refer to the case. It's hard to remember detail from months ago for something done routinely.
- During the court proceedings, the prosecutor will question the officer. The officer will likely read directly from the notes made on your speeding ticket. If this happens, immediately object. The officer is required to testify from "independent recollection" not from notes. The judge will likely over rule, allowing the officer to use the notes.
- This is where you have them. This strategy sets the case up for dismissal on constitutional grounds and is a great strategy on how to beat speeding tickets in court.
The traffic ticket lawyer nassau county in our constitution guarantees the right to be confronted by a witness. The officer is the witness, not the ticket or notes written on the ticket. If the officer has to read from the ticket to testify, he or she is not providing information based on their recollection as a witness. Without independent recollection, the officer is not considered competent to testify against you in the eye of the law. It is grounds for a Motion To Dismiss if the officer can't testify against you without the notes. In all likelihood, the case will be dismissed upon your Motion. If not, you have set the stage for an easy appeal of the decision should the judge rule against you. You will almost always win on appeal, so this is a key strategy in how to beat speeding tickets in court.
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