How to beat that traffic ticket |
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| Contrary to popular belief, Carroll
says that camera-issued tickets are often the easiest to beat because a defendant
has a constitutional right to question their accuser. Courthouses will rarely
go through the trouble of bringing the video or picture to court, and even if
they do, there is no human subject to question other than the officer who viewed
the it.
"The minute he opens his mouth, you just object
because it's hearsay and the ticket will be dropped," Carroll says. "Most
people just don't have the courage to do this though. That's why some of these
cities are making millions of dollars per camera. They know you're not going to
do that." While traffic cameras are becoming more
common, their legality is being debated in courtrooms around the country. Not
all agree that people can fight their own tickets. In some states such as Texas,
California and Florida, attorneys have thriving businesses fighting traffic citations
and aren't eager to encourage do-it-yourselfers. While he uses some of the same
tactics, California attorney Stanley Alari insists that motorists don't stand
a chance in court on their own. Alari goes by the moniker "Stan
the Radar Man" and has beaten thousands of tickets in California court
rooms. "Cases often get dismissed because police officers
are often not prepared and don't bring the necessary evidence to convict somebody.
Still, a defendant needs a competent traffic ticket lawyer or he's going to lose,"
says Alari. While one can always hire a lawyer, the fees aren't
always worth it for minor violations, especially when it's a first offense. Texas,
California, Florida and New York have thriving traffic ticket law businesses with
low fees, but in most states, legal representation for minor violations isn't
cost effective. With a little homework and time, many traffic citations can be
overcome and whether you're guilty or not, you probably don't want to pay increased
insurance premiums if you don't have to. "It's not really
hard to do," Carroll says. "It just takes some work. You need to put
in a little time. If you're making millions of bucks, it isn't worth it. But for
the average person, it's worth your time because those insurance surcharges are
pretty costly." |