Beware of speeding ticket myths
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]
Reader Comments (Page 1 of 5)
MikeW 7:37PM (6/19/2009)
Stop accepting them. You have a right to drive-you are using you inherent right to travel.
If you are using the road system for commerce, then driving is a privilege. So keep your ears on.
Reply
Nightcrawler 8:03PM (6/19/2009)
Huh? Are you suggesting when a cop pulls you over and goes to hand you a speeding ticket, you just say "I refuse to accept that" and don't take it from him?
Frankly, I don't know what would happen then. But I don't imagine it would be a good thing for you, whatever it is.
mikemaj82 8:08PM (6/19/2009)
Driving is not a right. lol. It's a privilege.
How about this? Don't speed.
Jim 8:23PM (6/19/2009)
"You have a right to drive"
no you don't. You have the right to "move freely." you don't have a right to any specific means of doing so.
Matt B 9:34PM (6/19/2009)
Good point. Unfortunately, they are infringing on that right (you do have a right to drive) and you will likely be punished for it. Someday maybe we'll turn to a more enlightened view of rights, but it won't be for a long time. Too many people are conditioned to accept infringements and the need for the state.
MikeW 9:53PM (6/19/2009)
Good short read
http://www.ConstitutionPreservation.org/assets/chapter2.pdf
DKB_SATX 10:04PM (6/19/2009)
I think in many states your acceptance of the citation is no admission of guilt, it's simply an acknowledgment of the accusation, and a promise to appear. If you don't want to promise to appear, your other option is usually to be detained until you can speak to a judge.
The big-L Libertarian attitude about certain things like this borders on crazy. Unless we live on Heinlein's moon and can rely on most people to band together to form kangaroo courts, it is useful to have a police force and a reasonable system of laws that are enforced by the government.
paul34 11:04PM (6/19/2009)
You actually do not have a right to drive. And you retain your right to contest the ticket in a court of law. It's up to you.
I also have to ask that DKB look up what a Libertarian actually is. I think he may have confused the terms "anarchist" and "libertarian."
Salsa Shark 11:29PM (6/19/2009)
MikeW,
Read that PDF. It's hilarious in its ignorance. Legal to drive a car without plates? Tell me that we're not Constitutionally obligated to pay income tax either.
Lemme guess...you're a truther?
larry a 12:18AM (6/20/2009)
Driving is a privelage, not a right. With that said, a cop buddy told me to get a calibration report from the police station because they never calibrate them daily like they should. So I got it, brought it to court and they dropped everything. Honestly Dave Chappelle's skit about his friend Chip street racing the cop is true. If you don't admit guilt and tell the cop you had no idea you couldn't do it,, I swear its true. I got pulled over for an illegal u turn and told the cop RESPECTFULLY I didnt see a sign and didn't know I couldnt do it. He appreciated my honesty and friendliness and let me off. I know other people with the same luck.. my .02
Blind Io 2:54AM (6/20/2009)
Right to drive? Sorry, but no. Driving is a privilege, not a right.
The one myth I'd like to hear about is the one that says you should overpay the fine and wait for the refund check, but never cash or deposit it - in doing so the account never reconciles and the infraction is never listed on your record.
DKB_SATX 12:21PM (6/20/2009)
@paul34: I'm quite familiar with what libertarian and Libertarian mean, both in their technical definitions and in their actuality. While some of the Libertarian candidates aren't crazy, most of the self-identified Libertarians seem to be. I'm sure that's a signal-to-noise ratio issue... the crazy ones make the most noise, but I think it's unfortunate that a group that in theory should fit exactly what I think would best serve our political process ends up being way out on the fringe, promoting few viable candidates and making very little positive change to the Republicrat hegemony.
Quantumphysics 2:48PM (6/20/2009)
I got stopped for speeding around someone who was stopped at about 35mph.
I was really polite and simply told the officer, "my girlfriend was pregnant and in labor and I had to get to the bank to get cash"
inv4zn 7:41PM (6/19/2009)
lol, where the hell did you guys get that picture from
Reply
oZone 7:49PM (6/19/2009)
It seems like a Lebanese driver license.
danny 11:59PM (6/19/2009)
Wow, good eye. Gotta love the way Lebanese people drive. Last time I was there, only the tourists would stop at stop lights. Hell, you should've seen the 6 or 7 way intersections they've got going on.
helixxx 3:53PM (6/20/2009)
haha yeah that's a Lebanese driving license, the photo is from Lebanon, and the way we drive is pretty unique lol. http://www.youtube.com/watch?v=xPmuiy4d4zA check this out.
Ronman 7:12AM (6/22/2009)
I noticed the Lebanese license right away, and since i live there, and never got a speeding ticket, i can say that there is a way to completely dumb your way out of one.
See in Lebanon, they used to set up radar guns on one side of a highway, and a mile or so down the road you would have a checkpoint, where if you were speeding, they will usher you to the right side of the road, fine you, and then confiscate your license (returned when you pay) and then let you go back to your trip. !!!!! (yeah imagine that).
the way i dumbed my way was rather by complete accident. I was driving a silver Chrysler Neon.
as i was blasting on the highway at about 140+kph i spotted the checkpoint from quite far. so i slowed down dramatically, and i knew i had blown past the radar over the Limit( whatever it was) so accepting my fate i came to a stop, and the guy asked. what kind of car is this? i said, Chrysler Neon.... he spoke to the radio, what was that silver car again, the gy on the other side says, Subaru...Imprezza... and then the guy tells me to carry on.
mind you i was the only guy going going fast at that moment on the highway, and not one Subaru in sight. and if you are inexperienced as most policeman are in lebanon about cars, (it's either a BMW or Merc or it doesn't exist) you would easily mix those 2 cars up especially from a distance.....
so there you go, you want to beat the radar ticket, Drive a Neon and hope that the bastard on the other end is a dumbass
Berto 7:40PM (6/19/2009)
Simple: Become a Diplomat.
Reply
swimstarguy 1:51AM (6/20/2009)
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