|
Mr Macey,
I've appealed several and won more than a few. I've won on the first hearing because they did not have a copy of the citation (twice). I've won on appeal because the officer did not show up. This by the way is your best chance. Anything, sickness, vacation, a bigger case, etc. can cause the officer not to show up so I would always appeal if the cost of going to court is not high. They often do not show up. I've won because the light change was tripped by a car pulling up and this one did not trip so I went through anyway. Cop said "yeah that's possible"...."not responsible".
On the radar, do your research before you head in. High tension wires can affect the readings. Not sure how much current is flowing through the ones in your photo but they are very close. The big high tension lines don't have to be all that close to cause issues I hear, again research. Also, were there any other cars behind you or in the scope of the gun? If yes, get the office to admit there was then bring up the fact that they can affect radar. Calibration and training are key points, but they should actually be prepared with this info. I would not forwarn them of the questions you intend to ask. It is their responsibility to have the answers. How long between your citation and the court date? If more than a few months look for precedence for the denial of a speedy trial. That will get you off right away and should be your first motion to dismiss if applicable.
Look for any errors on the ticket. They can be cause for dismissal.
When you question the officer start with general questions about the incident to establish his ability to recall the facts. His notes are valid but if the facts for his rebutal are not in his notes you have him. This will lend credibility to claims you make later that he may rebut. You will remember them well because you don't get many tickets. He writes dozens every day and will likely not be able to recall the details. "well officer, if you can't remember whether or not there were any passengers in my vehicle, how can we count on your ability to recall any facts associated with this incident". Case dismissed!
Precendence is a huge plus on any motion to dismiss. If you can back up your motion with a previously dismissed case then you will win right there.
Can't say enough about politeness, preparation and presentation. These will win you huge points with the judge and establish high credibility from the get go. Very improtant.
I wouldn't try the "not enough room to slow down excuse". I think you're much better off without admiting that you were actually speeding.
Good luck!
|
Threaded Mode