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Month: August 2007
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8 top traffic-ticket myths
Myth No. 1
If the officer makes a single mistake on your
ticket, the case will be dropped.A ticket should be seen as an accusatory instrument and a basis for
prosecution that must be factually valid, says Matisyahu Wolfberg, an attorney
and former police officer from Spring Valley, N.Y., who represents defendants in
traffic cases.Clerical mistakes, such as a wrong number or wrong order of a person’s name,
are usually overlooked. Material mistakes, like the identity of the driver, the
direction of travel, the street where the citation occurred or the description
of the vehicle, can usually help a driver win the case.“Any mistakes that involve who, where and how usually can be used to beat the
case in a trial. If the description of the vehicle is inaccurate, the officer
will usually lose,” says Wolfberg.He recalls one recent case in which the officer cited a white Mercedes when
the defendant was actually driving a black Porsche.Myth No. 2
If the officer doesn’t show up in court, you
automatically win.Though this may happen in many cases, there’s nothing automatic about it.
Most judges will drop a case if the officer does not appear in court because
defendants have a constitutional right to question their accusers.However, in some jurisdictions, a case is scheduled at a time to help ensure
the officer is present, or a judge will reschedule the case altogether. Wolfberg
says that in most cases an officer not showing up will result in a dismissal,
but there is no guarantee.“It all depends on the jurisdiction, the court, the judge, the law,” says
Wolfberg. “Most judges feel the pain of people taking time off work and out of
their lives to come to court and will dismiss if the officer doesn’t show.”Myth No. 3
Red cars get more tickets.
Forum posters on Color Matters, a Web site that focuses on color theory and
everything that color affects, claim drivers of red cars get more tickets.There are no official studies to confirm that red cars do get more tickets,
but some suggest the bold color tends to attract more attention from everyone,
including police officers. There is also a theory that red cars can create an
optical illusion that makes them appear to be going faster than they really are.One myth says that insurance companies charge higher premiums for red cars.
Allstate and Progressive say that a car’s color has no bearing on the premiums
they charge.Myth No. 4
You need a lawyer to beat a ticket.
You might expect most traffic-ticket attorneys to say you can’t beat your own
ticket. With a little time and homework, however, many people successfully fight
their own traffic tickets. At the very least, first-time offenders for minor
offenses can usually strike a plea bargain in most jurisdictions.An attorney’s fee will often outweigh the fines and impact of a first
violation, but in states such as Texas and Florida, some law firms have entire
practices dedicated to fighting tickets and can often do so at reasonable
rates.Myth No. 5
If you get a ticket in another state, your home
state won’t find out about it.The interstate Driver License Compact is an agreement between participating
states that share information regarding certain types of traffic convictions.
Reports on traffic violations and suspensions are forwarded to the home state of
the nonresident.There are only a handful of states that are not members of the compact.
There is also the National Driver Register, a database of information about
drivers who have had their licenses revoked or suspended due to serious traffic
violations. States provide the register with information about these serious
offenses, and those in the database can be denied licenses in other states.Myth No. 6
You can make up an excuse to get out of the
ticket.Most police officers aren’t interested in excuses. When an officer pulls you
over, he already suspects you of an infraction. You’ll have your day in court
and many ways to fight the ticket.Remember: Any explanation you give about why you were speeding is an
admission that you were speeding. If an officer logs those explanations in his
notes, the statements could later be used against you in court. That’s why,
whenever an officer asks if you know why you’ve been pulled over, always answer
“no” and just take the ticket.“Never admit to speeding in the process of talking,” says Aaron Quinn, the
communications director for the National Motorists Association. “I would say
just to be polite with the officer. Reasoning with the officer is something that
might help you out if you actually are on your way to the hospital. You can try
talking; just don’t admit guilt.”Myth No. 7
A radar detector will ensure that you never get
pulled over.“Radar detectors give drivers a false sense of security that they can speed
as much as they want without facing the consequences of breaking the law,” says
Ken Underwood, the president of the National Safety Commission, an organization
that promotes safe driving.But speeding drivers are also more likely to commit other infractions, and a
radar detector can’t tell you when a cop is watching you run that red light or
make an illegal turn. Virginia and Washington, D.C., both ban the use of radar
detectors, and it looks like Florida may do the same soon.Radar-detector users often find themselves chasing new technology as law
enforcement upgrades its speed-detection devices.Myth No. 8
If you don’t sign the ticket, it will be
dismissed.Signing a ticket is not an admission of guilt. The signature is merely an
acknowledgement you received the ticket and a promise to appear in court.Refusing to sign the ticket — and there are drivers who think that if they
don’t sign, they can lie in court and say they weren’t there — will do nothing
but agitate the officer and invite more scrutiny.In some states, such as Texas, refusal to sign a ticket can mean a trip to
jail. Houston attorney Robert Eutsler says that if you don’t sign the ticket,
the officer has the choice to either take you to jail or write on the ticket
“refused to sign.”“It’s a promise to appear in court on a certain day — that’s all it is,”
says Eutsler. “It’s certainly a myth that if you don’t sign it, it’s going to
get dismissed. You’re more likely to get arrested, and the officer is going to
get very upset.”