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KCCA Debt Consolidations

INTRODUCTION


It is my most sincere wish that this material may be of good use to you. I offer it freely and for your enlightenment. Enjoy it! Oh yes, I would appreciate it if you might take a moment during your reading to visit our sponsors. Thanks.

So you got a traffic ticket! Well, you can join the elite group of more than 34 million people who receive a ticket each year from a police officer.

With the vast variety of law enforcement officials who can give out these papers of doom, it is understandable that you too could get caught up in a simple oversight or mistake. But the question you probably want to ask now is what could you have done to prevent this from happening in the first place and what can you do now to get out of this mess!

Understand that this book is intended to help you to avoid a ticket to begin with and assist you in beating the rap as they say. Studies have shown that most traffic infractions are successfully prosecuted but what they don't tell you is that as many as 95% of all citations are not even contested in court and that when they are contested by people just like you and me, most are dismissed. In those cases that are not dismissed, the court often takes consideration of your driving record, i.e. this being your first ticket or the offense being trivial in nature to begin with. In some cases the court plea bargains to reduce the fine or make you pay a fine but not make the ticket part of your permanent record. This keeps your insurance company from finding out about the ticket and raising your rates. Some states may have different terminology or the procedures may vary slightly but most states have now reduced the majority of moving violations to civil infractions carrying fines starting from $50.00 and some states still consider some violations as criminal and the fines may vary from state to state.

The fine itself may seem small compared to the overwhelming perception of the burden of going to court and facing the officer, the prosecutor and the judge, but the original fine is not the only money that will come out of your pocket. The time and effort you spend to defend this ticket may save you higher insurance premiums down the road. Many states already have programs built in just for this, where as you can attend a drivers improvement school to prevent the ticket or points from showing up on your record. The fines paid to the states, counties, or municipalities are for the violation itself should you pay them or be found guilty in court.

The increase in your insurance premiums is only a response by private industry and not part of any fine by the government. This may not make you feel any better, but should give you more of a reason to pursue the issue through the courts. Many people are mistaken that if they go to court and are not successful, that they will be fined some exorbitant amount of money for the attempt. This is not true and most states have no court costs above the original traffic ticket itself. We also need to remember that just by contesting a citation, it does not assure you of winning your case. You need to be prepared for court. We will cover that matter later in Chapter 4.

The Main thing to remember is that the moment you choose to fight or contest this ticket, the successful outcome is greatly increased by your being prepared and following a few simple rules.

Many ideas in this book are past proven methods to prevent a ticket from happening, but as we all know technology has jumped light years ahead in the area of speed detection and you need to stay paced with the latest equipment to assist you from getting a ticket. In the chapters to follow we will take you from prevention to prosecution and include the latest technology available on both sides of the issue for you and the officer. This book will assist you in how to prepare for court should prevention not be successful, what to say, what not to say and how not to become someone who has contributed to the millions of dollars paid to each state in traffic fines. This book is not legal advice but simply tactics and information to help prevent you from being stopped and issued a ticket, and court strategies should you receive a ticket. A police officer frequently states that he/she is just "doing my job". Now lets do ours!

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Chapter 1: Avoiding The Ticket

Everyone would like to know just how to prevent from being stopped in the first place and you can do certain things to make yourself less of a target. There are many different areas where your can lessen your chances of getting the officers attention, and lets face it, you do not want the attention of a person who has the potential of writing you a ticket that could cost you as much as two tickets to a Broadway play or more. So what can you do? The obvious answer is to slow down! However, there are other contributing factors that may cause you a traffic ticket.

Lets break it down into several categories: Vehicles, Loud Equipment, Conditions and Your Driving Ability at the Time of the Ticket.

Vehicles:

It's a known fact that bright colors draw the attention of most people and lighter colors tend to blend in with the surroundings. If you should be one who likes a flashy color, you have to understand that if you are driving down the road alongside a lighter colored car speeding side by side he just may choose to stop you rather than the other car.

To get the officers attention only for a moment is all that is needed if you are doing something just a little above the law at the time.

Loud/Exotic Equipment:

If you like to have a car that sounds really cool, (which is often loud and in violation of most exhaust statutes) you may have to pay the price when you push those RPM's just a little too far. Glass packs, (straight exhaust pipes) are going to be heard from great distances and you will stick out more so that a person with stock equipment. This goes for cars, trucks and motorcycles. If you are one who likes fancy lights on and under your vehicle you don't need to be driving outside the law because someone with his own set of blue lights will see you and turn his on right behind you. Offensive writings and bumper stickers on your vehicle will get attention you would rather not have; lets not give him/her a reason to stop you before you do something wrong.

The officer can find a justifiable reason to stop you if he really tries. You need to make sure that any equipment you place on your vehicle is permitted by your state Department of Motor Vehicles. Those states which still have vehicle inspections can answer questions pertaining to equipment.

Conditions:

You need to keep in mind that most states require you to reduce your speed when driving in poor environmental and hazardous conditions, and you need to stay alert to this. Speed zones are set up for normal driving conditions. Many states have a statute covering Driving in Hazardous Conditions which include weather, special road hazards and any event in which eople are congregated in an area along a roadway. An officer can pull you over for doing the posted speed during these conditions and issue you a citation. The burden would be on the officer in court to prove that these conditions necessitated your slowing down. Sun glare is often used as an excuse for not seeing a road sign or another vehicle but most courts advise it is the drivers obligations to pull off the road if they can not see properly. Unfortunately this condition comes upon us suddenly and does not give us this opportunity to calmly pull off the road.

Your Driving Ability At The Time:

At the time of the alleged offense were there any physical or mental diversions at the time preventing you from driving within the law? Fatigue is a common example and unfortunately carries little sympathy with the courts or any officer who stops you. You can explain to an officer who stops you for a violation that you are just a little tired and he may or may not give this some consideration but I would not count on it.

Taking medication is another form of physical condition but I would hesitate to tell this to an officer unless I had that medication with me. Show him it is not a narcotic or one which could be having adverse affects on my driving. If you have nothing to show him, you may find your self out on the side of the road doing a field sobriety test.

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Chapter 2: I've Been Stopped!

Hard as you may try, sometimes you just cannot avoid those flashing blue lights. The only thing you can do now is to remain calm, observant and respectful to the officer walking up to your car. This is when you first begin to prepare your defense>

First and above all, pull your car over safely in an area that is not blocking traffic. Don't worry, the officer will stay behind you! If pulling off on to the shoulder of the road, make sure the officer can safely get out of his car behind you.

Do absolutely nothing to bring additional attention to yourself. The next time you see this officer will be in a court of law, and you want him/her to have a hard time recalling you.

After you have stopped your car, turn off the engine and roll down the drivers window. You should remain in your seat belt, and place your hands on the steering wheel where the officer can see them. If you were not wearing your seat belt, don't bother trying to put it on now. Remember, he/she does not know you and must take caution when approaching your vehicle. If it is between dusk and dawn, turn on your dome light so he/she can quickly observe you and others in your car.

Even though you may be quite anxious at this time, try to remain as calm as possible. Take a deep breath. Keep your temper in check.

When the officer approaches your door, be respectful and ask the officer what you have been stopped for. At this time, he should tell you exactly; if you were speeding, running a red light, improper lane change, etc. If he stopped you for speeding, he most likely will ask you if you knew how fast you were going when he turned on his blue lights. Your choices here might be to tell him, "No officer, I don't recall", or"I thought it was the speed limit", or "The speed limit, I'm sure. I checked my speedometer right about the time you stopped me." You don't want to say something faster than he clocked you for. You might as well write your own ticket! Remember, you have the right to remain silent, but he most likely won't tell you that.

When he asks you for your license, insurance and car registration, tell him where they are located before you reach for them. Should you have a permit to carry a concealed weapon, let him know and tell him where it is. Should it be in the glove box with the registration, don't open it until you have explained the situation to the officer. Then proceed with his full attention. Close the glove box back so your weapon is not easily accessible. You may have to show your permit to ease his mind. Do not hesitate to do so.

Sometimes an officer may request that you allow to have your vehicle searched. Does he have a legitimate excuse? Probably not. You however, have the right to ask him why he would want to search your vehicle. Should you consent to a vehicle search without a search warrant, even though you have nothing to hide? ABSOLUTELY NOT.

If the officer suspects alcohol or drugs, he can search your car without your consent. He can also inspect your car for obvious violations. Should you disagree with him, you will have to take it up in court.

Once the officer has told you why you were stopped, you should observe his demeanor and actions to see where this is leading. If he seems a little bothered by the stop, he probably feels he doesn't have sufficient evidence to back up the stop. He may only issue a warning. If he has a superior attitude, he most likely will issue a ticket. If he has already started writing the citation, don't bother defending yourself at this time. It's too late. You will get your day in court. If anyone is in the car with you, make sure they remain completely quite.

While he is busy preparing your ticket, you should be busy preparing your trial. Make note on the following if possible. Mental Notes will work until you can get to pen and paper should you find yourself without any:

Once the officer has completed the ticket, he should ask you to look it over for errors and then sign it. He should make you aware that by signing it, you are not accepting fault, but are merely acknowledging receipt of the ticket. You have the right to request that your court appearance be moved to your county seat, if possible. If he is unable or unwilling to do so, ask him to please note it on the ticket before signing. If he refuses to note it on the ticket, don't make a scene. Sign the ticket and add this to your notes.

Once you have signed the ticket, you may request to see the read out on the radar unit he has used. In some circumstances, you may be able to do so, safety providing. Don't ask specific questions regarding the technical side of a radar gun. Make only mental notes of what you saw. don't do anything to bring attention to yourself.

Once the officer has issued the ticket, he may remain in his vehicle for several minutes completing his report. You can do the same, but if you decide to pull away before him, be sure to do so in a safe manner.

That was a lot to think about! Why don't you sit back on the sofa and relax a while before you continue on to chapter 3? You might be interested in checking out our sponsors.
Brain Tired? Relaxed Now?...Good!

Back to Beginning/Table of Contents

On to Chapter 3: Form of Defense

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