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You got a ticket. Now what?

What's the worst move you can make after receiving a speeding ticket? Ignore it, experts agree. Out-of-state paperwork crosses lines, and insurance companies check Bureau of Motor Vehicles records every time your policy is up for renewal, which is usually every six months.

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Driving school makes an excellent option on a first offense. In Texas, for example, taking a defensive-driving course will dismiss one ticket every 12 months, and entitle you to a 10 percent insurance discount to boot.

In California, you must pay the full cost of the ticket, but driving school enrollment masks its existence from insurance reports. The law there allows you to use this "get out of jail free" card every 18 months, as opposed to Ohio, which caps the deal at five times in your lifetime. Florida offers enrollees a three-point deduction on their licenses, which can mean the difference between driving and walking for frequent offenders.

U.S. Interactive Inc., a defensive-driving course company, takes convenience a step farther by offering the four- to eight-hour state-approved courses via videotapes at Blockbuster or online. You pay $40 for the convenience of working at your own pace; classroom situations generally price in the $25 to $30 range. Just be sure to ask the company to send a copy of your completion certification directly to your insurance agent, Vice President Michael Curran suggests.

The National Motorists Association advocates Americans trot to court to fight every ticket.

"You get a ticket, haven't had one in five years, so you just pay it. Six months later, you get bagged for 73 in a 55 on your way home. It's bad luck," shrugs Casey Raskob, a New York attorney specializing in traffic-related cases. "But if you go to court to fight the second ticket and they look at your driving record, whatever slippage you would have gotten is reduced. I have drawers full of these clients."

According to NMA, the big secret is that most people who seriously contest a traffic ticket either win or are offered an attractive plea bargain arrangement that significantly reduces their fines or points. But it's not a blanket nothing-to-lose proposition, Raskob warns. If the cop extends a write down at the side of the road -- you did 95 but he hands you a ticket for 65 in a 55 -- say thank you and mail in your check. Appearing in court only insults the officer, and you won't get a better deal.

Traffic court isn't run with "Law and Order" formality, so you can handle yourself without representation. However, some jurisdictions allow an attorney to appear in your place, so hiring this mouthpiece prevents you from wasting a vacation day on the cause.

Attorneys are useful if you received the ticket out of state and don't particularly want to return to Oregon. Mathisyahu Wolfberg, a former police officer and now a traffic attorney, urges people who've accumulated 75 percent of the points needed to lose a license to seek a suit by their side. And if you were belligerent at the traffic stop, this lawyer might be your only way to get back on track.

Budget between $200 and $600 for this legal service -- and be clear on how many court appearances this fee covers. Some attorneys charge you twice if they return on a continuance, Wolfberg notes.

In either route, you need a bit of due diligence. Bonnie Russell, a former police civilian employee who runs familylawcourts.com, knows from her dispatch records days that it isn't enough to find out the officer's days off or vacation schedule. If the department offers time and a half for the officer's appearance, he has a vested interest in showing up no matter how inconvenient.

Place a call asking on the overtime policy, then have a friend query a few days later on the cop's days off. Ask, too, when the next shift change occurs. You don't want to accept an 11 a.m. appearance if your officer switched to evening patrol and is just hanging out at the house at that hour, glad to make a few extra dollars before lunch.

Make sure you dress appropriately. Wolfberg has watched judges throw out defendants for appearing in shorts or tank tops. But even an Armani suit won't replace being nice to every soul you meet along the way from the bailiff to the court clerk.

"Civil servants have a short fuse," he explains. "Don't give anybody an excuse to judge you unfavorably. The judge could make a mistake and if the clerk doesn't change it, you get the better deal."

In this same vein, don't present a case based on "the cop was an idiot" theory. In many cases, the officer is on a first-name basis with the court staff, so those who go heads on at the guy lose 99 percent of the time.

"I see it all the time. People fall flat on their faces because the cop walks in, the clerk says, 'Hey Bobby! Where do you want to take lunch today?' and the offender still doesn't get the clue that he shouldn't say the cop was lying or was incompetent," Wolfberg says.

The NMA sells state-specific kits designed to help citizens build technical arguments for their situation rather than ramble with these deer-in-the-headlights excuses. (Budget $62 plus a $155 refundable deposit.) However, like the traffic stop conversation, every citizen should brush up on their stock answers to stock dialogues, Russell warns.

"The judges so benignly set you up," she says.

For example:

  • The officer presents photos of your violation. The judge asks, "Do you mind if we enter these pictures into evidence?" The usual Joe, not wanting to appear uncooperative, agrees -- and sinks his ship on the spot. Smart defendants say, "Yes, on the grounds of chain of command." As Russell points out, you want to introduce a little conflict along the lines of: Who took the photo? How many people handled it? Was everyone involved sworn personnel? Does the agency with the camera profit from this?

  • "The officer is not here today -- would you mind coming back?" Some people say, "Sure." But, "I would mind coming back -- this needs to be dismissed in the interest of justice," is the millionaire answer.

The courtroom is your only legal outlet to clear this ticket, but if you were busted away from home consider raising holy heck with the visitor's bureau and chamber of commerce.

"If enough people say they won't return to that town to spend money, these executives will in turn pressure the police and city council to lighten up on the ticket volume. It won't affect your fine now, but the collective drips on the stone could reduce your chances of being caught there in the future," Skrum says.

 

 

 
-- Posted: June 11, 2004
   

 

 
 

 

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