• Jun 19th 2009 at 7:27PM
  • 73
We've all heard stories about ways you can avoid or get out of a ticket, but how many people do you know that have actually pulled it off? One? Two? None? Virginia traffic attorney Andrew Flusche probably knows a thing or two about fighting moving infractions, and he came up with a list of some of the "get out of a moving violation free" ticket myths.

You've all heard this one: "the officer won't show up in court if you fight it." According to Flusche, that's flat-out wrong in most cases. In fact, some municipalities pay police overtime for court time, making it that much more enticing to show up, and as Flusche points out, it's the officer's job to show up.

Another common myth is that you can simply plead to the judge that you were going with the flow of traffic. That's the traffic infraction equivalent of "the other kids were doing it." That didn't fly with your parents, and it won't fly with the judge.

The third myth Fusche brings up is the argument that the radar system was poorly calibrated. To successfully argue this point in court, Fusche says that you must first obtain evidence that the equipment is faulty. You can request calibration dates and data, and you can research the information online, but the burden of proof is on you. Without the evidence, the judge will rightfully side with the guys and gals in blue.

[Source: Dumb Little Man via Life Hacker | Image Source: Ramzi Haidarr/Getty/AFP]

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    • 1 Second Ago
      • 6 Years Ago
      double check jurisdiction, sometimes they cant pull you over in certain areas. Some undercover cops cannot give you tickets as well. And FBI cant either, if they happen to be there

      also pay attention to how long he follows you before he signal to pull you over, then tell him that the he gave you reason to become nervous, cops are not allowed to tail you.

      I have been pulled over 9 times and have only gotten 1 ticket and that was thrown out by court. so i have a clean record, i tend to be as apologetic, and i usually blame myself based on another, and i usually say that i was trying my best to be safe and make sure noone else is hurt in the process
      • 6 Years Ago
      the only thing you can do to help you get out of a ticket is... upon pulling over, roll ALL the windows down, hands at the "10 and the 2", cabin lights on if it's at night. The more you make a cop at ease... the better. If upon approaching your car, if you're going through your glove compartment or center console for the papers, that makes a cop very nervous, because for all he/she knows... you could pull a gun on him/her. I think most cops tell their friends and family to follow the procedure I mentioned... so when they see that you're doing so... lots of times they'll assume that you are a friend or a family member of a cop... already, you'll be on their good side, thus giving you a better chance of receiving a warning instead of a ticket.
      • 6 Years Ago
      Lots of good info in this discussion. Dealing with traffic law enforcement is a way of life. But I dont blame the speeders, inattentive drivers,drunk drivers or those that race and accidentally kill people.

      I blame the automakers and the Federal government. For this completely asinine system of logistics. And by the way, when was the last time anyone had to go to court to reinstate or defend their privelege?

      California implies that through the great merciful magistrate that the common folks have the "privelege" to drive their vehicles. How absurd. From what I've read priveleges are rights that are inherently uncommon and more powerful.

      Gov't and its agents are inherently evil, that never changes.

      Anyhow by the time i am an old grand pa,hopefully I'll tell the kids of how we use to have traffic courts,traffic cops, poured asphalt all over our environment, just to travel from A to B.

      how absurd they will say, how absurd.

        • 6 Years Ago
        What the hell are you going on about?
      • 6 Years Ago
      No one has mentioned the picture yet lol.
      Jason Magio
      • 6 Years Ago
      Oh and I'm from New York.. so its not that simple around here.
      • 6 Years Ago
      It's not that you're going to win in the courtroom - it's that you're exercising your Constitutional rights as an American citizen, and making them prove their case.
      • 6 Years Ago
      Nice pic.
      • 6 Years Ago
      It amazes me how people are brainwashed. You have right to enjoy things that make you feel good in life as long as its not hurting anyone else. Saying that we don't have the right to drive is like saying we don't have the right to breathe or eat or do other common things. Wake up people.. and stop defending the system

        • 6 Years Ago
        "You have right to enjoy things that make you feel good in life as long as its not hurting anyone else. "

        ah, another college "libertarian."
        • 6 Years Ago
        I never went to college and what's wrong with me believing in what I believe?

      • 6 Years Ago
      The best way to get out of a ticket is to not speed.

      BUT.... We do! So people should just take their tickets and shush.....
      • 6 Years Ago
      From the other side... the cop.

      I don't like to write tickets. I do it when people deserve them because the violation is blatant (run a red light with my marked police car behind you) or criminal (no DL, etc.). In general, I do not stop anyone for speeding for 1-10mph violations. I will occasionally stop 11-15mph violatiosn but hose almost always get a written warning. Anything 16 or over generally gets a ticket

      That said, we do have options (at least in FL) or what we write. I can write a really expensive speeding ticket. OR I can write a ticket for "Speed in Excess of Posted Maximum" which is a standard moving violation and a fine savings of at least $100 or more at 16+ over. If I pull you over for speeding and you are not wearing your seat belt, there is a good chance you will get the seat belt ticket and not get the speeding ticket.

      Someone said we decide before we make contact with you if you are getting a ticket. That is generally true. However, there are a couple things that will influence us if we are on the fence: recent driving record and driver attitude. If I ask you hen the last time you got pulled over was and you say "I have never had a ticket." Then you better have never had a ticket. I can see them, I will know. And, more importantly, if you treat me like a jerk,then you should expect to sign something when I come back to your car.

      In summary, don't drive like an idiot and treat the officer with respect... you will do fine in most cases.

      If you get stopped by a motorcycle officer, then just get ready to sign because those guys have no heart.
        • 6 Years Ago
        @Toy Yoda.

        I had a similar problem with a cop.

        In Jersey the speed limit drops about 10mph from RT 1 to RT 18 and I constantly see cars getting pulled over. I had a red sports car and NY plates so I was always mindful around this area.

        At around 4pm one day I see lights behind me and speed up a little to get out of the way. Turns out I was being pulled over. The 1st thing the cop says to me is he smells marijuana and asks me to step out of the car. I don't even smoke cigarettes. He searches me and proceeds to search my car and finds nothing. He asks me to open my trunk. As politely as possible I ask him if he needs a warrant to search the trunk and tell him that I don't even smoke cigarettes. I may have told him what he was smelling was the wonderful Jersey air which he laughed at. He didn't search my trunk, went back to his car for a while and came back with an excess speed ticket. He told me that this was less point than if he actually wrote down how fast I was going. He said he clocked @ 60mph but wouldn't show me the gun.

        To make a long story short. It was suggested by 2 lawyer friends and everyone else not to mention the search because the judge would assume I just threw the whatever out the window. The officer was a super polite in court. I told the judge that the officer never mentioned why he pulled me over until he came back with a ticket and that I asked to see the radar gun and the officer would not show it to me. I also took pictures of the road @ 4pm and showed the judge photos and told him that it is not possible to speed on RT 18 because there is way too much traffic during that time.

        The judge says "are you finished?... Guilty." =)

        I have talked my way out of tickets before and after that by being honest with cops and beat a 90 in a 50 by telling the judge "I need my car for my job, otherwise I'd be a burden to society or have to resort to a life of crime."
        I also beat an 80 in 25 but I really don't think I was going 80 on that one. I had physics formulas and stuff and affidavits from the DOT. The speed limit is usually 40 in the Brooklyn Battery Tunnel but that night they lowered it to 25 because there was a dog in the tunnel. I asked the judge. "shouldn't the speed limit be 0 if there is a dog in the tunnel?"
        • 6 Years Ago
        Re: motorcycle officers... Too true. Years ago, I got pulled over by one. He actually pulled me and the guy in front of me over. Luckily we exchanged cards (me and the other driver) which made easier to coordinate later on....

        BTW, my view is that you guys are just doing your jobs, so I don't generally have a problem getting pulled over. It's annoying and dealing with all the court paper work is a pain, but it's part of driving around. And I'm quite sure that most cops know that speed limits in some places are ridiculously low....

        That said, here in California the CHP has gotten a LOT more aggressive in the last 3 months or so. Probably the budget crisis putting pressure on them.
      • 6 Years Ago
      Simple: Become a Diplomat.
        • 6 Years Ago
        As the son and dependent of a diplomat, I can tell you this is not true. Both me and my mom have gotten speeding tickets and have had to pay them, the only special treatment we got was funny looks when they see our driver's licenses.
        • 6 Years Ago
        Just like the bad guy from Lethal Weapon II
        I've got diplomatic immunity, so Hammer you can't sue
        I can write graphetti, even J-walk in the street
        I can riot loot, and not give a hoot
        and touch your sister's teet
        Can't touch me
      • 6 Years Ago
      lol. that guy looks like my uncle jose. he's probably got a mower in the back.
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