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provide free phone
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Never: consultations to those in
Personal Injury need of legal services.
Act like you know the law better than the officer does. Law
Medical Malpractice
Enforcement Officers, especially Traffic Enforcement Officers hate
Legal Malpractice
drivers that quote the law to them. I have had many a client who
Car Accident Our Clients
have ended up in the back of a patrol car following a heated debate on
18 Wheeler Truck the law with a Traffic Cop. More Often than not, the Officer finds more Laviage Silberman, L.L.P
Accident reasons to hand out citations. represents a broad array of
Admit any guilt. Don't say you are sorry, or that you were unaware clients.
Wrongful Death
what you were doing was in violation of any law. I advise all of my Servicing individuals,
Maritime clients to say nothing. Always remember anything you say is businesses, and non profits,
Ship Accidents considered an admission and most certainly will be used against you in our law firm is committed
court. My advice: Play dumb and take your ticket. to representing clients in a
Cruise Ship Accidents
diverse set of legal issues.
Jones Act Always:
Offshore Injuries
Be Mr. or Mrs. Submissive. Brown nose behavior shouldn't only be
Criminal Law kept in the workplace. Don't be afraid to reply "yes Officer, no Officer"
DWI Defense to the questions you are asked. Moreover, these replies should
White Collar Crime expedite your stay on the side of the road.
Felony Crimes Be dumb or dumber. Play your ignorance card. Most people,
including traffic cops, are less obliged to inflict pain on a poor dumb
animal.
Be afraid, be very afraid. Show the officer that handing you a ticket
is the equivalent of handing you a death sentence. Remember
policeman are people too, they put their pants on one leg at a time. If
you look like a shivering chihuahua, they may hesitate in writing you
that ticket if they feel sorry for you.
Be a good actor. If you truly feel like you were not doing what the
officer accused you of doing, act like you had no idea why he pulled
you over, like they got the wrong car; take this theme all the way to
the end zone. At the end of the day using this strategy might end you
up with a ticket anyway, but at least you have the argument that you
did not do it once you are facing a judge.

I Did all That And I still Got a Ticket


Remember:

The side of a road is not your courtroom. Pleading your case to the
Traffic Officer is about as productive as arguing with the pavement.
Trust me...you won't win. This type of behavior has gotten my clients

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How to Beat a Speeding Ticket Before and After You Get One --What the... http://www.laviagelaw.com/criminal_law/texas/houston/get_out_of_a_sp...

more citations or a night in the slammer and besides the immediate


consequences, this behavior makes you stick out like a sore thumb in
the mind of the cop. As a result he will remember you when it comes
time for him to testify. Remain inconspicuous. My advice: Accept your
ticket, say nothing and casually drive away.
Develop a photographic memory. Take a mental image of your
surroundings and conditions. Ask yourself what are the traffic
conditions, what is the weather like, what lane you were in? This gives
you some ammunition to fight whatever the officer writes on the
ticket as the present conditions.

What To Do at Pre-Trial and While Waiting for the Trial


Always:

Plead 'not guilty.' Depending on where you are this is likely, an


appearance in court or an opportunity to appear at a window in the
courthouse prior to the date of appearance to give your plea.
Delay. Don't work around the court's schedule, have the courts work
around you. Keep putting off that court date until it is convenient for
you to show. This is more likely to work if you are self employed or
you are an independent contractor. If you are employed by a
company, make sure that the court does not interfere with your work,
including business trips. More often than not, by the time you appear,
the officer will have forgotten all about the traffic stop and the court
will have to dismiss your case.

A short side story: A very good client of mine got caught going 120
mph on the Sam Houston Parkway in Harris County Texas (speed limit
was 65 mph) from a Texas State Trooper. Being an avid business
traveler, he was able to delay his court date for nearly 2 years. When he
finally ended up into court, he found that the Trooper had been
transferred to the Dallas/Ft. Worth area. His case was ultimately
dismissed.

Sometimes Request Information About The Equipment Used to


Catch You:

Copies of manufacturers names, including makes, models and serial


numbers of all speed measuring devices in use by the Police
Department.
Information regarding manufacturers recommended maintenance on
all of the above mentioned devices.
Information pertaining to manufacturer literature regarding correct
use, including specifications on mounting and aiming for all speed
measuring devices used by that particular law enforcement agency.
Maintenance Records for the past six months' for all speed measuring
devices used by the department.
Records speaking to the Training administered to the Officer who cited
you, in the proper use of all speed measuring devices used by the
department.

What To do At Trial: 10 Easy Steps


1. Check in with the clerk
2. Check the officer sign in sheet to see if the officer has arrived, if he
doesn't show, a dismissal will almost always be granted.
3. If the officer does show, you will have an opportunity to speak with
the prosecutor and determine whether the officer is ready to proceed
(if he remembers you and the case). If the officer does not
remember the episode, your case will be dismissed.
4. The judge will call you up to begin the trial.
5. More often than not, the officer will testify first.
6. You then question the officer to see if he truly remembers you and
your vehicle. Try to see if he can corroborate his information about
the conditions of the day.
7. You then call any witnesses you have to refute the officers story and
bolster your story that the officer cannot adequately remember the
circumstances surrounding your alleged violation.
8. The officer is then allowed to make a closing statement

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How to Beat a Speeding Ticket Before and After You Get One --What the... http://www.laviagelaw.com/criminal_law/texas/houston/get_out_of_a_sp...

9. You should then make a closing statement focused on the inability of


the officer to remember the incident; this is the way you can beat
him, credibility.
10. The judge will then take several moments to decide.

What To Wear To Court and How to Act


Wear a suit, or at least a tie. If you look like a deadbeat scum bag
bum, you will be treated as such.
Be polite and respond to courtesy. Act like a jerk and you will be
disposed of quickly and not to your favor.

Innocent Until Proven Guilty


Get confident stupid; you can't win if you are a nervous wreck.
Look over the indictment. If the cop is unable to prove even the
slightest, tiny, or insignificant element of the indictment, the court
must dismiss you case.
Object to an officer bringing in evidence about speed measuring
devices. Claim the evidence is inadmissible. In order to use this type
of evidence the officer must establish Jurisdiction Certification, up to
date, accurate, traffic and engineering survey, that the speed
measuring device was properly calibrated, and that he maintains an
up to date FCC license.
Ask the officer if he was in motion at the time the speed measurement
was taken. If he was moving, this can potentially throw off a speed
reading and creates reasonable doubt in the mind of the finder of fact
(the judge or jury).
ASK the officer if he remember what you were wearing, or did you
have any passengers, or what was the weather like? If he is unable to
answer, this takes a major blow at his credibility in the mind of the
finder of fact (the judge or jury).

Copyright © 2009 The Law Office of Brian S. Laviage | All Rights Reserved

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