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~~ PDF Download Fight Your Ticket & Win in California, by David Brown Attorney

PDF Download Fight Your Ticket & Win in California, by David Brown Attorney

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Fight Your Ticket & Win in California, by David Brown Attorney

Fight Your Ticket & Win in California, by David Brown Attorney



Fight Your Ticket & Win in California, by David Brown Attorney

PDF Download Fight Your Ticket & Win in California, by David Brown Attorney

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Fight Your Ticket & Win in California, by David Brown Attorney

Win your traffic court case with the book that's helped thousands of Californians!

A traffic conviction can add hundreds of dollars to your yearly auto insurance premiums. Fight Your Ticket & Win in California shows you how to handle your case in traffic court, get the right kind of hearing and win.

Attorney David Brown provides you with the detailed tactics you need to:

  • prepare and present your evidence
  • argue before a judge
  • cross-examine a police officer's testimony
  • get your case dismissed
  • appeal a decision
  • determine the consequences of your violation

    The 13th edition provides the latest legal information for California drivers, including fines and penalties, and contains fully up-to-date information on recently signed legislation regarding cell phone use.

    • Sales Rank: #1591321 in Books
    • Brand: Brand: NOLO
    • Published on: 2009-07-19
    • Original language: English
    • Number of items: 1
    • Dimensions: 11.00" h x 1.25" w x 8.50" l, 2.18 pounds
    • Binding: Paperback
    • 418 pages
    Features
    • Used Book in Good Condition

    Review
    Packed with practical information... every driver should keep a copy of it... (Agatha Hoff Traffic Court Referee 2009-01-01)

    "A clear, thick and comprehensive manual to help the Californian beat what he or she perceives as a bum traffic rap." (Sacramento Bee 2008-02-02)

    "A surprisingly easy read the book is a top-notch primer." (Autoweek 2008-02-02)

    "Learn how to challenge speeding tickets, how to determine if a ticket is beatable before going to court, how to assemble evidence and present a case, and how to appeal a conviction." (Bookwatch 2008-02-02)

    A surprisingly easy read... the book is a top-notch primer. (Autoweek 2009-01-01)

    Learn how to challenge speeding tickets, how to determine if a ticket is beatable before going to court, how to assemble evidence and present a case, and how to appeal a conviction. (Bookwatch 2009-01-01)

    Can be a proverbial sling to help David fell Goliath. (Monterey Herald 2009-01-01)

    A clear, thick and comprehensive manual to help the Californian beat what he or she perceives as a bum traffic rap. (Sacramento Bee 2009-01-01)

    A book every driver should own. (The Electric Review 2009-01-01)

    About the Author
    David Brown practices law in the Monterey, California area, where he has represented both landlords and tenants in hundreds of court cases -- most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law. Brown, a graduate of Stanford University (chemistry) and the University of Santa Clara Law School, also teaches law at the Monterey College of Law and is the author of Fight Your Ticket (CA version), Beat Your Ticket (the national version), The Landlord's Law Book, Vol. 1: Rights and Responsibilities; The Landlord's Law Book, Vol. 2: Evictions and co-author of How to Change Your Name in California and The Guardianship Book for California.

    Excerpt. © Reprinted by permission. All rights reserved.
    A Typical Case

    You're driving home from your friend's place after a beautiful, romantic Friday evening. It's 2:30 in the morning. As you're reflecting on this, you suddenly realize you took a wrong turn someplace. You're now in the middle of a quiet residential district and realize you should turn around. You look for traffic coming from either direction and all you see is a car parked about three blocks away with its headlights on, so you make a U-turn.

    Suddenly, in your rear view mirror you see a flashing red and blue light that seemingly grows out of the parked car. You begin to pull over to the right to let it pass. Instead, the car follows you to the curb. You realize you've just been pulled over by the police. As soon as your car stops, the officer has his high-intensity spotlight pointed at you. Then, you hear his door slam, the sound of gravel under his boots, and finally you see a big, grim face just behind the flashlight pointed into your eyes.

    Before you get a chance to ask him what's the problem, he says, "May I see your driver's license, please?" You fumble through your wallet, slowly and carefully, since he has his hand uncomfortably close to the butt of what looks to be a very big gun. Finally, hands shaking slightly, you hand him your license. (Don't you feel like a common criminal?)

    The police officer returns to his car and uses the radio. A minute later he returns, hands you your license, and unemotionally says, "You made an unlawful U-turn in a residential district. Sign here, please," and he thrusts a three-part form in your face. You meekly sign the ticket (which he tells you is not an admission of guilt, but merely a promise to appear), and he hands you a copy. You gaze at the ticket, wondering how this could be happening to you. The officer spins out, off to catch another "criminal."

    If you don't fight the ticket, you may very well end up:

    paying a fine you can barely afford;
    paying a higher insurance premium for the next three to five years; and
    starting or adding to a bad driving record with the DMV.

    Should You Fight Your Ticket?

    Does it make sense for you to fight your ticket? The answer is that it depends. There are some people who almost always answer this question with a proud and forceful "Yes!" unless they have done something incredibly stupid or dangerous (such as driving through a busy school zone at 50 mph). But there are others who don't believe in spending large amounts of time fighting cases where there is but a small chance of winning. It might be wise to try to separate the hopeless cases from those with a reasonable chance of success. (On the other hand, thousands of seemingly hopeless cases are won when police officers fail to show up in court to testify.) A determined person can achieve great success in traffic court if he or she knows what to do.

    In deciding whether or not to fight, you should first consider the consequences of giving up and paying the ticket. Will your insurance rates increase? Will you increase your chances of losing your license? Can you get your case dismissed by attending traffic school? Do you want to spend the time and effort it will take to fight your ticket effectively? This book will help you answer all these questions.

    Once you understand the consequences of not fighting your ticket, you should try to determine your chances of winning, taking into account these tips:

    The main way to beat traffic tickets is to request a trial with the officer present and then get the ticket dismissed when the officer doesn't show up. There's a chance this might happen to you. You may want to try your luck. You've got nothing to lose but your time.

    Even if the officer does show up, "guilt" (and "innocence") is often a matter of subjective interpretation. For example, under California law it's not illegal to drive 45 mph in a 35 mph zone if it is possible to show that your 45 mph speed was safe under the circumstances. (See Chapter 4 on speed violations.)

    You might not be guilty of a particular violation, even if you think you are. When you read the Vehicle Code section, you will find that the offense you are accused of committing is more complex than you might have thought. It may be that you didn't do all the things that the prosecution must prove in order to convict you. We tell you in the next chapter how to read a Vehicle Code section with this in mind.

    Most helpful customer reviews

    39 of 39 people found the following review helpful.
    My case was dismissed
    By Madelyn
    I used this book fighting my speeding ticket when the officer used radar. I can't speak for how the book's methods would perform with other kinds of infractions.
    The book teaches you how to use the process of informal discovery properly to get the information the officer will bring against you in court. IF he decides to show up for your case, chances are he won't have done all the work he would need to do to prepare for your case. More than likely he won't come, or as in my case he just didn't respond to my informal discovery request which is against the law for him to do, therefore the case was dropped. It teaches you how to document your case well, and to effectively make a lot of work for the officer to do BEFORE he even reaches court.
    You should know however that fighting a ticket is time consuming. I spent a total of 10 hours (over the course of several weeks) sending letters, and writing my motion to the judge. The book tells you what and how to do every step all along the way.
    The bottom line is that my ticket was dismissed and I got my money back. More importantly my insurance didn't go up. I actually used the "trial by written declaration" option. I did this because if you are found guilty you can always show up in person for a re-trial.
    Buy this book if you are fighting a California ticket, and if spending the time fighting it is worth it for you.

    24 of 24 people found the following review helpful.
    A must have if you're going to fight your ticket.
    By Kevin Withers
    Since this book was written by an attorney and not a police officer, it's strong on the courtroom end but somewhat weak on the traffic violation end of things. Because of that, I recommend getting this book AND Richard Wallace's "An Educated Guide to Speeding Tickets." Brown's and Wallace's books compliment each other - what one lacks, the other one has.
    Wallace's book goes into more detail on the different methods police use for judging your speed; what to say and what not to say when you're pulled over; different radar faults such as shadowing, bumping, and batching; and what a "tracking history" is. This is great stuff for planning a defense strategy in court.
    However, Wallace's book falters when it comes to legal details, and this is where Brown's "Fight Your Ticket in California" shines. It tells you about the forms you should use before going to court, like the "Informal Discovery Request" which allows you to request a copy of the officer's notes along with an engineering and traffic survey. Failure of the city to provide these documents (which is what usually happens) can result in dismissal of your case - something not even mentioned in Wallace's book. There is also a ton of advice on what to say in court, and when to say it.
    I just beat my radar speeding ticket in court today because the arresting officer failed to show up - even though I saw him in the parking lot just fifteen minutes before our court session started! Based on what I learned reading Wallace's book, I realized that the officer had a weak case. And because I sent an "Informal Discovery Request" to the city police department, the city attorney, and the district attorney as recommended in Brown's book, I believe that the officer realized that he would be up against someone who knew what he was doing, and thus he chose not to appear.
    Get this book, and Brown's book, spend a lot of time studying them and planning your defense, and you'll have a good chance of beating your ticket in court.

    22 of 23 people found the following review helpful.
    Realistic and Empowering
    By TheRealDarknerd
    This is a very time consuming process. However, I have been burned so many times by overzealous cops, as at the time I was only able to afford older used cars that were cop magnets. I decided enough is enough, and I decided to fight back, and I never regretted the effort. After you go through the process once, you can use similar techniques with ease.
    The book is very straightforward and no nonsense. You can get an honest sense of where your case stands. It has example forms and good legal claims you can utilize to assert your rights. Some of the most useful information is the social aspect of the court, police, and citizens, which gives one insights into how to go about your case. It is fairly honest, and let's you know when you need to get a lawyer, and how to successfully utilize a lawyer's skills effectively (to save time and money when needed).
    As words of advice from a personal perspective, many courts will not permit you to win, despite that you have all your research and can prove without a doubt. This book alludes to that. Despite this, there are many ways you can arrange for your case to be dismissed, by doing a discovery, having reasonable motions denied setting your case up for an appeal, or by having your case exceed 45 days and not waiving your rights to a speedy trial.
    For example of this, here is my scenario that would not have happened without this book:
    In my case (San Mateo County), the judge ignored my pre-trial pleas and stated, "I'll decide what you can to in MYYY COURT!!!" This only infuriated me further, and made me study this book in greater detail. Before my court day, I prepared a peremptory challenge to disqualify the judge, just in case I had her again. Sure enough, this infamous pre-trail was my case judge. When my case came up, the cop proceeded to ramble his story, and she did not let me speak. I handed her my legally typed document (that I retyped from an example in the book), and with a snooty remark she asked why I did tell her about this before. She re-assigned the case to another date with another judge. On that date, I made a motion to dismiss my case for failure for a speedy trial - previously I had filed a legal document for my motion with the clerk (using example documents in the book). I did this just in case the judge would try to pull a fast one on me, as this is not uncommon in some counties. Reviewing past court hearings, the judge found I never waived my right to a speedy trial and dismissed the case. The cop was dumbfounded and wondered what happened. I was pleased because I got my money back and dragged the cop out to the court twice. However, despite my exhilaration that I got from winning, I also know how the process works, and I can fight similar cases without any significant loss of time.
    I highly recommend this book. One should go through this process at least once, as it can save you a lot of money, and also let you know honestly where you stand, and how you can plausibly win a case. Consider standing up for your rights and not sheepishly giving money to our broken system. This book will empower you.

    See all 67 customer reviews...

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