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Everything you need to fight an unfair ticket!
We've all received one -- a traffic ticket that seems completely unfair, the result of an officer's evening quota rather than a serious moving violation. But do you have to pay the penalty and watch your driving record crash and burn?
Not if you choose to fight back with Beat Your Ticket.
Beat Your Ticket simply and clearly lays out the best strategies for beating tickets in court. The book explains in plain English how to:
The 6th edition is extensively updated to reflect your state's current traffic laws and court procedures.
- Sales Rank: #1605747 in Books
- Published on: 2010-08-24
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .75" w x 7.00" l, .90 pounds
- Binding: Paperback
- 256 pages
- ISBN13: 9781413312515
- Condition: New
- Notes: BRAND NEW FROM PUBLISHER! 100% Satisfaction Guarantee. Tracking provided on most orders. Buy with Confidence! Millions of books sold!
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.
Most helpful customer reviews
9 of 9 people found the following review helpful.
A good start but not enough information.
By Rusty
Research via "Google" provides more specific information for each state. The ticket issued for an infraction doesn't contain information you need to defend against a traffic violation. No one book can cover the different rules for all states. For example, in Washington, you need to get the "personal notes" of the officer which in my case, mentioned the ID number of the radar unit used to determine my speed. The "ticket" itself, didn't identify the radar unit. I needed to file "Discovery" with the prosecutor's office to get the "notes" the judge used at my hearing. Turns out, the radar itself had not been "certified" by the State Patrol in over 4 years. The law requires certification be done no less than every 2 years ... otherwise, the radar information is inadmissable. The book is a good start, but by itself, is insufficient and could put you at a disadvantage. Forget about arguing the technicalities of how radar works - unless you hire an expert to testify on your behalf, it won't matter. Best thing is go to traffic court and listen to what the attorneys say and do ... you'll be amazed how often they get their clients cases dismissed.
8 of 9 people found the following review helpful.
WARNING: Censored Defenses Not in This Book
By John D. Lee 2
This is the best book for sale on the market for winning in "traffic court". BUY IT NOW. The National Motorists Association includes this book in its Ticket Defense Kit, along with other Nolo books on legal research, and will pay your speeding ticket fine if you lose. Whether you defend yourself pro se without a lawyer, or hire an attorney, this book is very useful for managing your case. But don't bet your freedom on it, without exercising due diligence on the internet.
Other books by Nolo are a good investment for winning in traffic courts, to fill in the gaps. It's advisable to also purchase professional law books from Westlaw and Lexis Nexis, such as the current annotated Rules of Court, Rules of Evidence and Rules of Procedure for your jurisdiction, and a book on "trial practices" for your jurisdiction, which is the cookbook used by lawyers to win. Appellate trial practice must also be studied, since lower courts usually ignore all laws, rules and facts, and you must know how to call their bluff.
The "author" of this Nolo book, David Brown, is not a criminal defense attorney, nor is he a civil litigation specialist in highway safety. Instead he specializes in landlord/tenant law. It is unknown whether he has actually defended himself pro se in traffic court, nor what the verdict was. Acknowledgments include criminal defense attorneys Stephen Elias and David Markham.
I previously purchased a version of this book, along with many other law books, and I've successfully won several traffic ticket cases, both pro se and with a cheap or free lawyer. There appears to be several major changes and deletions compared to previous editions, including deletions of winning defenses.
I received this latest version of the book today, as a gift for my sister the lawyer who got arrested for her first speeding ticket last month. She's a Yale-educated former public defender who only won 1 case out of 1,000s of trials, after her "guilty" career criminal client "told her what to do". She's also a "proud Marxist" law professor who previously taught school in Communist China. She was terrified by police during her traffic stop "detention". As a tourist, she will probably not defend herself from this bogus speeding ticket, because "it's not worth her time," (ignoring a potential increase in insurance premiums) but perhaps she will learn something useful about her legal rights. The winning legal defense she ignored is that a Traffic Engineering Survey Speed Audit by the state Dept of Transportation is required before a valid speed limit can be posted, or the actual speed defaults to the maximum set by state law.
This book is a very good "introduction" to winning any type of case in criminal court or civil court, with a good explanation of the differences between the two. Often, crooked courts fraudulently claim civil traffic cases are "criminal" cases. It's very important to know the difference, both during the initial trial and on appeal, since two different rule books are used (Rules of Civil Procedure vs Rules of Criminal Procedure).
Examples of differences: (1) It's impossible to be found "guilty" in a civil case; (2) Burden of Proof is 95% in a criminal case, only 51% in a civil case; (3) Civil cases allow "counterclaims" against the plaintiff; (4) No jail is allowed in civil cases, except for contempt of court (usually a maximum 10 days jail for "criminal contempt" in court, usually life sentence on death row for "civil contempt" outside of court).
A free ebook by attorney Norman Fernandez is "How to Beat a Speeding Ticket", which includes a defense censored by this nolo book. Fernandez writes, "It is extremely easy to beat this type of ticket in court. Your easiest defense is to simply throw the ticket away. If it does not come with a return receipt that requires a signature, there is no proof that you actually got the ticket." This winning defense for lack of "personal service of process" is censored by Nolo in its half page section on "red-light camera tickets", which neglects to mention that "radar camera tickets" exist.
Parking tickets are not included in the index nor table of contents, yet can also be won for lack of personal service of process. Two attorneys in Cookville Tennessee personally had 200 parking tickets at the courthouse, which they ignored and refused to appear in court to defend. When the city attorney sued them for these 200 tickets, they lost 3 trials and appealed to the Tennessee Supreme Court. At that point the city dismissed its 200 parking tickets against the two lawyers, a removed all 200 parking meters in town and gave everyone free parking. This was to prevent a statewide precedent being set to stop parking ticket rackets. They also used the Constitutional "Equal Protection" defense (censored by this Nolo book), since judges and other government employees got free parking at the court house, so all citizens must get free parking. See Onks vs City of Cookville.
Parking tickets are an extremely important segment of the law, since cops run the car-theft chop-shop rackets along with their towing contractors, according to class action verdicts in almost every major city.
In the section on "discovery", this book censors perhaps the most powerful discovery tool that bypasses all corruption by police, prosecutors and judges to hide "exculpatory" evidence that proves a defendant can win. Every state and federal jurisdiction has an "open records" law requiring government employees reveal "hidden" government documents, without a lawsuit nor discovery being required.
An example of using a "public records request" to win in traffic court is obtaining a copy of the "traffic engineering survey" and/or "speed audit" by your state's department of transportation. In 99.999% of cases, this document is not in existence. Under state and federal law, an engineering survey is mandatory before any "traffic control device" carries force of law. It's an "essential element" of any "traffic crime" for an engineering survey to exist. One missing element "shall" result is dismissal of the plaintiff's case. I used this defense to win a case this year for allegedly speeding at 60 in a 30 zone, dismissed by the prosecutor nolle prosequi without a single word of testimony in court.
Another example of a public records request is obtaining a police officer's "personnel file" and payroll data. Lots of useful dirt to use on cross examination, that most judges and prosecutors would choose to hide from the defense if given the opportunity. Examples are how many crashes and fatalities were caused by the cop, and how his government income probably exceeds $100,000 a year from traffic ticket rackets.
This Nolo book covers radar tickets in detail. Pastor Rick Strawcutter's free internet video, "How Any Idiot Can Beat a Radar Speeding Ticket", covers "essential elements" of radar in detail. Strawcutter is a certified paralegal and law school student, who won several cases pro se.
The short section on DUI fails to mentions the current Prohibition on alcohol for all drivers and passengers in USA today -- a crime that carries a potential sentence of life in prison without parole, or the death penalty:
"Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'"
--Tennessee Driver Handbook and Driver License Study Guide
Another missing link in this book is the definition of "police officer":
COP.
2. to steal; filch. 3. to buy (narcotics). 4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out. 5. cop a plea, a. to plead guilty or confess in return for receiving a lighter sentence. b. to plead guilty to a lesser charge; plea-bargain.
-Random House Unabridged Dictionary
3 of 3 people found the following review helpful.
A Good Book If You Don't Want to Look Up The Information For Yourself
By B. McCarthy
I've hired lawyers before for tickets that I didn't deserve only to find out that they pleaded guilty and asked for a lower fine thus giving me a mark on my record without me knowing about it. I've also hired them for tickets that I did deserve and had them plead no contest and the ticket went away. I guess karma has a way of working these things out...
Regardless of why you got the ticket, this book is an in depth resource full of information that will help you fight it yourself (without the expensive lawyers and without paying through the nose because you hit the gas to catch up to someone just as you passed a cop and ended up going 20 over even though you normally just go 5 over, or at least that's what you'll tell the cop)...
BUT
You could just research online through Google and get the same information. It will take you a lot longer and you'll find some misinformation mixed in (although I can't attest that 100% of the information in this book is accurate so whose to say that Google isn't your best source). My suggestion is to search Google first, and then get this book if you still need help.
Oh, and this book is only for people who are willing to go to court. If you are hiring a lawyer or just paying your ticket, don't waste your money. You have to be willing to be assigned a court date, take off of work, show up in court, wast most of the day waiting for your case to be called, present your case in front of the court (public speaking at it's hardest), and accept the fact that a judge who thinks you are lying can fine you a lot more than your original ticket to punish you for that crime. If you aren't willing to go through all of that, this book will be just another book sitting on your self waiting for you to donate it to the library.
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