Getting a speeding ticket really sucks, but the good news is that learning how to beat speeding tickets in court is pretty easy. 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 to question the officer on the stand and watch him fumble for answers. If you go to court without knowing what he is doing, you will almost certainly hear the words GUILTY when you are sent to pay the fine. Don’t let that happen to you.
Here is a specific strategy used to win in court. This strategy assumes that you have requested and received a copy of the officer’s copy of your speeding ticket. This strategy falls under the Objection, Independent Recall strategy. Is that how it works:
- The officer will likely read a copy of your speeding ticket with the notes you took when you wrote your ticket. They take notes because they write 5-10 tickets a day and if he goes to court, they can refer the case. It is difficult to remember details from months ago for something that was done routinely.
- During the judicial process, the prosecutor will question the officer. The officer will likely directly read the notes made on your speeding ticket. If this happens, object immediately. The officer is required to testify from “independent recollection,” not notes. The judge will likely rule and allow the officer to use the notes.
- This is where you have them. This strategy prepares the case for dismissal on constitutional grounds and is an excellent strategy for beating speeding tickets in court.
The Sixth Amendment to our constitution guarantees the right to be confronted by a witness. The officer is the witness, not the ticket or the notes written on the ticket. If the officer has to read the ticket to testify, he is not providing information based on recollection of him as a witness. Without an independent record, the officer is not considered competent to testify against him in the eyes of the law. It is grounds for a Motion to Dismiss if the officer cannot testify against him without the notes. In all likelihood, the case will be dismissed on his Motion. If not, he has set the stage for an easy appeal of the decision should the judge rule against him. He will almost always win on appeal, so this is a key strategy for beating speeding tickets in court.