Posts Tagged ‘law’

Five Mistakes You Don’t Want To Make Before Battling A Traffic Ticket

Saturday, September 4th, 2010

There have been, over the years, some pretty pathetic defense strategies when it came to fighting a traffic ticket. Someone would read some information somewhere or use some advice from a relative or friend.

In this article we will go over the 5 most common mistakes used by people when trying to fight their traffic ticket. Use these as a guide of what not to do.

Mistake #1- Delaying the traffic court date

Almost every other book I’ve read on traffic tickets advises you to postpone the trial by asking for a continuance. They claim the longer your traffic court trial is from the original infraction, the greater the chance the officer will fail to show up to court on your traffic ticket.

Delaying the court date will not improve your chance of having your traffic ticket dismissed.

My question is what if you do postpone your traffic court date and the officer still shows up?

This may be a little known fact, but police officers get overtime pay to be in traffic court.

Mistake #2- Request the Prosecution’s Evidence Before Trial.

You have the right by law to see any information the court plans on using to convict you. The process is called discovery. And it would be useful if you were charged with murder, but this is traffic court. Don’t do this, it can hurt your chances of successfully getting your traffic ticket dismissed.

Requesting evidence before any kind of trial tells the prosecution you are planning a defense. He will see this as a challenge and will undoubtedly prepare accordingly, making your chances of winning almost impossible.

Don’t request anything or even contact the courthouse at any time prior to your trial about your traffic ticket. DO NOT let them know you are familiar with the traffic court process.

Mistake #3- Doing a lot of needless research

How many of you like to spend your free time at your local courthouse researching piles upon piles of law books? There’s absolutely no need to do this research. It’s time consuming and not to mention boring.

Although in some cases it may be wise to look up a certain law and see how it is worded, there really is no need to do it with all traffic ticket trials.

Mistake #4- Going after the police officers credibility

Going to traffic court with the sole purpose of making the police officer look like an idiot will backfire on you and any plan you had of getting your traffic ticket thrown out. Claiming things like, “the radar gun was faulty”, or “the officer clocked the wrong vehicle”, or “the officer singled you out”, or “the officer hasn’t had adequate training with the radar/laser gun” are all useless defenses.

Don’t ever go into traffic court with the idea you are going to challenge the police officers training on the use of the radar gun. This will only draw scrutiny from the judge, who will accept the officers testimony that he is properly trained on the use of the equipment.

The officer will NOT have to prove his training qualifications in the courtroom. Let’s face it, the officer has been properly trained and knows how to work the radar/laser gun. No question about it. If you try and go this route you will be disappointed when the judge asks you to provide evidence supporting your claim.

Mistake #5- Showing up to traffic court unprepared.

This is by far the biggest mistake people will make when fighting a traffic ticket. They go to court, thinking they’ve done their homework, when in reality everything they did leading up to the trial was in vain. They’re research was done the WRONG WAY and as a result, they lose their case before they even had a chance to defend themselves.

And then there are those who don’t do any research and think that they can tell there side of the story and the judge will have pity on them. Yeah right!

Look, I know the thought of going to traffic court can be a little scary for some, but this isn’t a murder trial. It’s just a simple traffic ticket. Traffic court is set up to be extremely ‘user friendly’ due to the large amounts of people who go there every day.

If you avoid these 5 mistakes you will have a better chance of claiming your victory in traffic court, and hopefully getting that traffic ticket thrown out.

Learn more about traffic tickets and hoe to fight them. Stop by Steven Swihart’s site where you can find out all about traffic violations and how to protect yourself against them.

The Difference Between Moving Violations And Non Moving Violations

Saturday, September 4th, 2010

There are two main differences between traffic violations. Knowing which kind you have can be very important when determining how to handle your particular situation.

A lot of times when you have a minor violation and it wont result in any points on your license its best to go ahead and pay it and avoid trying to challenge it in traffic court.

Traffic tickets fall under one of two categories: non-moving violations and moving violations. Non-moving violations typically involve parking your car illegally or minor ‘fix-it’ tickets. These violations are not as serious as their counter-parts (moving violations) and usually involve much smaller fines.

These can be a nuisance but at least they wont go on your driving history or be reported to your auto insurance.

Common non moving violations can include failure to use your seatbelt, improper registration, no license plate or lamps, improper parking, and a broken or non working taillight.

In most cases these should just be paid. It can be a big hassle to go to traffic court for these kinds of violations. The reason is the fines for these are usually no more than $50 or so, and you could end up being in traffic court for hours. Not worth it in my judgment.

But if you felt the ticket was given unjustly, you should always attempt to resolve it in some way. For example a broken head light ticket will usually be tossed if you show proof you fixed it.

A moving violation on the other hand, is any violation of the law, committed by the driver of a vehicle, while it is in motion. The term “motion” distinguishes it from ‘non-moving’ violations. While parking tickets are charged against a vehicle (which will be towed if violations go unpaid or are frequent), moving violations are charged against the person driving. Moving violations are usually classified as infractions or misdemeanors, but serious violations can be considered felonies.

In most places, moving violations involve fines which must be paid as well as punitive points assessed to the license of the driver. As a driver accumulates points, he or she may be required to attend defensive driving lessons, re-take his or her driving test or even surrender his or her license.

You may think we have it bad in the US, and we do, because traffic fines can go all the way up to $500 and more. But in some countries around the world, traffic can be set according to an individuals income, and in some rare cases be more than $100,000!

Common moving violations include: speeding (by far the most common violation) , running a stop sign or red traffic light, failure to yield to someone with the right of way, failing to maintain a single lane, not stopping for a pedestrian in a crosswalk, crossing the gore (striped area), failure to secure a load to a truck, driving in a car pool lane illegally, or driving too slow for road conditions, particularly in a left-hand lane

Some of the more serious types of moving violations can include racing, driving under the influence, and vehicular homicide.

Also, traffic violations can either be criminal or civil. They both come with fines and points on your record, but a criminal violation is the only one that can get you jail time.

Sentences imposed in criminal cases are obligations owed to the state for violation of their laws. The term state can be applied to cities, towns, state or federal governments or any other kind of municipality. Obviously these are the moving violations you need to avoid at all costs.

Learn more about different moving violations. Stop by Steven Swihart’s site where you can find out all about fighting traffic tickets for your individual needs.

The Photo Radar: Coming To An Intersection Near You!

Wednesday, September 1st, 2010

Conventional speed enforcement has its limitations. You can only pull over one vehicle at a time. This method is unproductive, slow and expensive from the government’s point of view.

Now with technology growing at a rapid pace, new and alternative methods have been created.

The old system of traffic enforcement simply wasn’t doing the job of making the kinds of money our government wants to make.

There are just too many factors: First, they have to hire the cop to pull you over. This also means the use of a police vehicle which also costs money. Next, the traffic stop itself is a dangerous situation for the officer and potentially other drivers or pedestrians. Third, after it’s all said and done, the driver may still end up driving away without a ticket (if the officer decides to just give a warning).

And last, in the time it took the officer to pull you over and write a ticket, many more people go speeding by, so there was money lost from not pulling them over!

So the photo radar was introduced to take handing out tickets to a whole new level. They can do the job of many officers.

There’s no longer the need to actually pull people over anymore. With traffic cameras, speeding tickets are mailed directly to the home of the offender. Talk about service!

Photo radar has been effective for municipalities. It has saved tremendous amounts of time and resources of police departments. It maximizes resources available for other enforcement, conviction rates went up, and also your insurance premiums.

The age of photo radar is still in its infancy. To date, there are only 20 or so states that employ this method of speed detection - California, Colorado, Arizona, Ohio and Washington to name a few.

The photo radar is growing in popularity simply because of the points stated previously.

More and more cities across the nation are beginning to catch on to the money making potential that photo radar has. Its relative simplicity and monetary benefits makes photo radar a good choice for many cities.

Cash strapped cities are finding out that when they install photo radar it gives them immediate money generation.

Just think about it, within a short time a photo radar can take pictures of many speeding motorists, what it would take many officers to accomplish traditionally.

How does it work? Photo radar, as the name suggests, is a combination of a camera coupled with a radar gun. The two work together. The radar gun is preprogrammed to function at a particular speed.

Say the speeding limit is 55 mph on a stretch of road but it detects a car cruising at 60 mph it will take a picture.

When this happens, the radar gun will instantly trigger the camera to take a picture of the entire vehicle (sometimes it’s just the back, other times its the back and front of the vehicle) to get the license plate information. The picture is electronically filed away and the process is carried on throughout the day and night. Hundreds of individuals will have their picture taken - courtesy of Big Brother.

On the following day the photo radar pictures will be accessed and gone through by several people.

The clarity of the license plate will be examined to see if it is readable. If it cant be it will be discarded.

Once the legible pictures from the photo radar have been determined and the license plate numbers ran through the bureau of motor vehicles database, if the car is registered to say, a female, and there is a female driving the vehicle, BINGO, a speeding ticket will be on its way to the registered owners address.

This process is repeated until all the pictures from the photo radar have been gone through, until the next batch arrives. Please let this article be a warning for you to look out for photo radar enforcement!

Learn more about beating speeding tickets. Stop by Steven Swihart’s site where you can find out all about traffic violations and the best advice to getting them dismissed.

Read These Astonishing Speeding Ticket Facts!

Wednesday, September 1st, 2010

On average, over 100,000 drivers get speeding tickets every day. Thats 36,500,000 traffic tickets yearly.

One in every six drivers will be ticketed for speeding this year.

The average speeding ticket costs $150.00.

$150 x 36,500,000= $5,475,000,000! Thats almost 5.5 BILLION per year in speeding ticket fines.

The average raise in insurance costs for one speeding ticket over the course of 3 years is $900.00.

Multiply 900 by 36,500,000 and you get $3,285,000,000 (3.28 BILLION dollars) in extra insurance money the insurance industry makes in a single year just from speeding tickets.

More than 95% of drivers who get speeding tickets will simply pay the fine and not fight it in traffic court.

The other 5% who make an effort to fight their ticket usually have their case dismissed or receive reduced charges that don’t get reported on their driving record.

In the US there are almost 200 million licensed drivers.

40% of the time the police officer doesn’t show up in traffic court. This is grounds for dismissal.

The first city in the US to use the photo radar was Paradise Valley, AZ in 1987.

The first city to mandate the wearing of seat belts was Brooklyn Ohio in 1966.

Drivers aged 17-24 receive the majority of speeding tickets.

More males than females receive speeding citations.

More women fight their speeding tickets than men.

Seventeen year old drivers are more likely to be involved in an accident than any other age group.

In July 1879, two men are fined for speeding horses in Seattle.

The first automobile made by Henry Ford in 1894 only went forward.

At a London intersection in 1868, pedestrians and horse drawn buggies were the first to use traffic lights. They were lanterns that glowed either red or green.

Since 1999, Washington, D.C. cameras have issued 2,421,841 tickets worth $182 million.

The earliest known speeding ticket on file was issued in 1910 to the Prime Minister of Canada’s wife. She was traveling at a whopping 10 mph over the limit.

Speeding tickets are handed out to doctors more than any other type of profession.

In salary and benefits an average police officer will cost a city around $75,000 a year. He will also make the town an average of $150,000 in that same year. Cops are good investments.

The top ten states for writing speeding tickets are:

1. Ohio 2. Pennsylvania 3. New York 4. California 5. Texas 6. Georgia 7. Virginia 8. North Carolina 9. Massachusetts 10. Connecticut

Looking to find advice on how to beat your speeding ticket? Then visit www.Paytrafficviolation.com to find the best advice on beating traffic violations in traffic court.

Your Guide On How To Fight Speeding Tickets

Wednesday, September 1st, 2010

Have you been pulled over and received a speeding ticket? Then rest assured there are ways you can fight speeding tickets, without a lawyer.

Gather evidence: When fighting speeding tickets, ask the traffic court to see the official documents, like calibration records for either the radar gun or speedometer used to clock your car. File a discovery request with the prosecutor so you can always examine documents in advance for flaws. But note that if you subpoena documents, you’ll remind the officer of the incident, which may prompt him/her to show up in court.

One thing that can help you fight speeding tickets is to know that devices that measure your cars speed such as radar and laser detectors can be subject to human error. Traffic tickets have been dismissed in some instances because the ticketing officer failed to document proper positioning of the speed detecting instrument.

Fight speeding tickets with technicalities. Simple things missing from the ticket can get it thrown out. It may be rare but if something as simple as the lack of the officers signature missing, or if it or the badge ID number is not readable then it could be dismissed.

Be Brief: When fighting speeding tickets, keep in mind that judges don’t have a lot of time. Give a brief report. Additionally, use of visual evidence, such as a photo of a road sign obscured by foliage may help your case.

Officers rarely have a good reason for missing traffic court. If you go to court to fight speeding tickets and the officer isn’t there and the court asks for a continuance you should respectfully object. This is an example of winning your case by default and it happens more often than you might think.

Car insurance rates can be raised for a long time after having speeding ticket points go against your driving record. Obviously the best way to avoid having to fight speeding tickets in the first place is to not get one at all. But eventually there might come a day when you need to face traffic court head on. Do your research and come out a winner.

Want to find out more about how to fight speeding tickets? Then visit Steven Swihart’s site for all things traffic violation related, and learn the in’s and out’s of the traffic court system.

Know Where Speed Traps Are Commonly Set Up To Avoid Them!

Saturday, August 21st, 2010

If there is one thing that all 50 states have in common, it’s speed traps. It’s a location where police have a reputation for writing an unusually high number of speeding tickets.

The most common areas for these hidden speed traps would be streets where the posted speed limit is not easily seen, or areas of fluctuating speed limits. It’s very easy to catch unsuspecting drivers ‘breaking the law’ in these particular areas.

Small municipalities like to set up speed traps near an interstate or major highway, where they know it is unlikely that a ticketed driver will return to fight it in court. Law enforcement realize that many drivers will use radar detectors in their attempt to evade a speeding ticket. They will render this method useless by setting up a speed trap where they will time you between two preset points with a stopwatch.

What happens in this case is that they will use a mathematical formula to determine your speed by using the time it took you to pass between the preset points. Its pretty simple for them to do this. So if they determine you were speeding, usually another police officer down the road will be alerted to the make and model of your car, what your speed was, and they will pull you over.

Whether this is legal or not has been debated for many years. Increasing the numbers of drivers ticketed has always been supported by law enforcement and politicians alike. Their argument has always been that it is done in the name of safety. Even though everyone knows its to increase revenue.

The bottom line is that these deceptive methods of giving out tickets is unethical and illegal. Using speed traps is literally a billion dollar industry in America.

Protect yourself from speed traps the next time you’re in your car. If you are planning a long (or even short) road trip soon, it’s advised that you know what you may be going up against.

Learn more about speed traps. Stop by Steven Swihart’s site where you can find out a lot more information and advice on traffic violations of any kind, and how to beat them in traffic court.

How To Go To Traffic Court And Beat A Speeding Ticket

Thursday, August 19th, 2010

If you are charged with breaking the law, such as getting a speeding ticket, in the eyes of the law everyone is supposed to be treated equally. Just because someone has been charged doesn’t mean they are guilty, a court must determine this.

By knowing your legal rights, you can have a better chance to beat a speeding ticket. This will require some effort though.

Lets start at the beginning of the process of how to beat a speeding ticket, when you’re pulled over. Known as the Miranda Rights, you are protected by law to not answer any question that might lead to self incrimination.

But obviously you want to be cooperative with the officer. You DO have to provide the basics such as name, proof of auto insurance and drivers license. These aren’t covered in your right to be silent.

To beat a speeding ticket, doing it in a civil manner is guaranteed to give the best results. Having a temper tantrum or insulting your officer can add to your charges, especially while in court. Respect and courtesy are heavily valued, which are also stated in the rights of others. Also, the road is not the best venue to air out your side.

Don’t be afraid to try and beat a speeding ticket, because your innocence is maintained and protected, until such time you are actually found guilty in traffic court. There has to be sufficient evidence for you to be convicted, and this responsibility rests on the shoulders of the officer who wrote the citation.

The court gives equal chances to both parties, and the best way to maintain your not guilty plea is to remember the facts on what had transpired. Vague answers will definitely not help you to beat a speeding ticket filed against you.

A lawyer can be summoned, if need be, or you can also represent yourself for minor charges. The court can grant relevant requests for documentations such as the statement of the officer regarding their version of events, and the make and model of your car according to their recollection. If you show that you have more credible answers related to the event, then you have a greater chance to beat a speeding ticket.

You also have a right to have a speedy trial as the court recognizes the constraints to work and personal life of attending court proceedings. Also, you can point out lack of evidence or delay trials in case the officer-in-charge does not show up in the proceeding.

You are also free to request for alternatives aside from payment, such as attending traffic schools or doing community service. Beat a speeding ticket by checking out all the options that the law has provided all who are facing charges.

You can benefit greatly if you can beat a speeding ticket. The first thing that comes to mind is saving on your auto insurance premiums.

Abuse and biases are not tolerated by law, so expect it to be an ally in trying to beat a speeding ticket, although it can be punishing once you are not careful enough to avoid violations.

Learn more on how to beat a speeding ticket. Stop by Steven Swihart’s site where you can find out all about traffic court, and how to successfully defend yourself against all traffic violations.

Three Reasons You Must Obtain Your Current Driving Record

Thursday, August 19th, 2010

Most driving records contain inaccuracies that could cause you to pay hundreds of dollars more per year in auto insurance! Are you paying too much for auto insurance?

If your driving record has mistakes on it you very well could be paying more in auto insurance than you should be.

A study by the Insurance Research Council showed that at least 22% of driving records had mistakes that could be costing them a lot more in auto insurance premiums than they should be paying.

These mistakes stem from a variety of things, but the most common reasons are speeding violations which have been dismissed against a person (for instance, after completing a traffic school class), yet still show up on your record.

And obviously clerical errors do happen while inputting information into a database.

A bad (or inaccurate) record can get you fired or, prevent you from landing that job of a lifetime, and as discussed previously raise your auto insurance.

Especially if your occupation requires that you drive a company vehicle, driving record mistakes can really cost you.

If you do not disclose to your employer items contained in your driving record before they do a background check it can be seen as an omission, which can either cost you your job or prevent you from being hired in the first place.

If you have to go to court for a traffic violation then bringing along a current copy of your driving record can go a long way to improving your chances of having a traffic ticket dismissed.

Although there may be a copy of your record already there, by bringing your own, it emphasizes to the judge to take into consideration your previous driving record.

By purchasing your driving record before hand shows the judge that you are concerned with maintaining a good driving history, and lower auto insurance rates, and as such may be more inclined to drop the traffic violation so it wont show up on your driving history.

So do yourself a favor and maybe even save yourself a lot of money in auto insurance premiums by getting a current copy of your driving record today.

Want to find out more about your driving record? Then visit Steven Swihart’s site for information and advice on traffic violations and what you can do about them.

categories: driving history,driving record,traffic court,traffic law,legal,law,auto insurance,automotive,advice,family,reference

The Positives Of Using A Traffic Offence Lawyer Outdo The Disadvantages

Friday, August 13th, 2010

A motoring offence lawyer offers legal advice and services specifically for motorists facing motor offences. There are many firms offering this kind of exclusive service. These firms employ experienced motor specialists to handle their clients. They handle all aspects of motoring law and deal with all types of vehicles whether personal or company vehicles.

The lawyers offer these specialized services via internet so they do not have to meet a client face to face in order to serve him. They can handle every motoring offence including fatal accidents, driving without insurance and speeding. They can also deal with drunken driving offences and driving without a license among other offences.

Through their websites, they offer accurate, comprehensive and vital advice to any potential clients. Most of them usually offer initial free legal advice online. They have detailed websites and a potential customer can check them for answers to frequently asked questions regarding motoring offences.

Some websites have fact sheets that can be downloaded for further information. If further clarification is required, the customer can email them without any obligation. They respond to such emails fast and efficiently. Sometimes, such queries can be answered through the telephone.

To hire their services, the customer may be required to fill a simple questionnaire online. After the questionnaire is reviewed such a customer may be requested to send scanned copies of any papers relating to the offence. These documents can be sent through fax or email. After the documents are reviewed they advice the customer on the way forward.

Some services they can offer you include advice regarding summons. This is when you have been summoned to attend court because of a motoring offence. They may prepare your mitigation letters to prevent you from appearing in court. At times they may negotiate with the prosecution to drop your case altogether. This will help you to avoid going to court.

They can also investigate and prepare the case so that a client can represent himself in court. In case a client has to attend court, they arrange for a specialized lawyer to represent him. They give their client regular email updates on how the case is progressing.

Hiring a motoring offence lawyer is a fast and easy way to get legal assistance for motoring offences through the internet. A customer may get any information he requires and also hire a lawyer through the internet without leaving his home. They accept checks and online payment too. Clients therefore save time and money.

Driving Legal Advice They handle all aspects of motoring law and deal with all types of vehicles whether personal or company vehicles. After review of these documents the lawyers give advice on the next course of action. A lot of firms that offer this type of specialized service are available.

The Idea Why Insurance Plans For Teenagers Are Higher

Tuesday, August 3rd, 2010

According to recent studies it s far more likely that a teenager will be involved in a car accident than an adult. Whether this is down to making bad judgments or whether it is because teenagers tend to drive faster than many adults is quite immaterial.

This is why many insurance companies have increased their prices when it comes to adding a teenager to the policy. It can now be quite expensive to add a teenager onto a car insurance policy.

Insurance policies vary from state to state in the United States for family car insurance but generally you can expect to pay in the region of between $1,600.00 and $1,800.00 per year for these policies.

Adding teenage drivers to any insurance policy can actually see the price increase from around 50% to anywhere in the region of 200%. This all depends on the insurance company that you use.

This may seem a little harsh on the policy holder but unfortunately many insurance companies see teenage drivers in the category of high risk drivers and as such set higher insurance rate for them. When you look at the statistics for car accidents you can see where the companies get this idea from. But all is not lost because if you are looking for an insurance policy and have a teenager to be added then there are ways to get discounts on your policy.

Insurance companies will give discounts to teenagers that they believe to be responsible and careful when driving. The teenager that fits this bill is the one with good high school grades. So if you have a teenager that is doing well at school you should check to see if you are eligible for these discounts.

It is thought that teenagers who attend traffic school will get fewer tickets than those who do not attend it because they will adhere to the traffic regulations. This in turn will mean that their premiums will effectively be lower for their insurance.

Finally you could make sure that the car they choose is not a flashy sports car but a practical car. Insurance companies look at sports cars as enticing the teenagers to go faster and that will also push up the insurance premiums.

Read more of this writer’s tips regarding topics like radiant heaters and toilet brush.