Expert spills some secrets on beating a ticket Beating a traffic ticket in California's Superior Courts means preparing a case, knowing the law and asking the right questions, according to an attorney who's written two books on the subject. David Wayne Brown is a Monterey-based lawyer and the author of ”Beat Your Ticket: Go to Court and Win“ and ”Fight Your Ticket in California,“ two volumes that explain how to build reasonable doubt in a traffic court case. Those convicted of a traffic infraction may receive a hefty fine and a point on their Department of Motor Vehicles driving record. When pulled over on the roadway, Brown recommends the motorists be reserved and polite toward the law-enforcement officer issuing the citation. ”You don't want to argue with or make a bad impression on the police officer,“ Brown said. ”They'll remember (the ticket) better. Be noncommittal and don't make waves.“ Officer Gus Lopez of the California Highway Patrol said that while good manners might earn you a warning instead of a citation, it won't help in court. All officers are required to take notes of their traffic stop to rely on if the ticket is disputed. Those wishing to fight a ticket should make an informal discovery request asking for a copy of the officer's notes, Brown said. Officer's notes, which Lopez said are often written in inscrutable shorthand, are made available within a few weeks. They are also available at the Traffic Court hearing. The most disputed traffic citations statewide are for speeding tickets, Brown said. When a defendant's word competes with an officer's in court, the defendant usually loses, but there are exceptions, he said. If ticketed while driving where the speed limit is below 55, motorists can exploit a little-known rule. Those posted maximums are not absolute. ”It's worth arguing that though you were exceeding the speed limit, your driving was not unsafe,“ Brown said. Judges may grant some leeway in these cases, Lopez said. Such reasoning won't work in freeway speeding cases, where the limits are stricter, he said. Questioning the validity of a radar gun may also create reasonable doubt, Brown said. ”Radar beams diverge like a flashlight beam,“ he said. ”Ask the officer ‘How far away from the vehicle were you when you made the radar reading?' Or, ‘Isn't it true that your radar beam diverges?'“ Some people who contest traffic tickets take preparation to impressive heights, Brown said, bringing in charts and photographs of the scene, and even seeking out witnesses. Sgt. Rico Flores, who supervises the Santa Maria Police Department's traffic bureau, said he remembers one defendant who pulled out all the stops. ”One woman was supposed to have run a red light,“ Flores recalled. ”She took a few hours of her day and starting timing the lights and figuring out how yellow lights at that time were running longer in some intersections than others. The judge went ahead and fixed the ticket.“ Quintin Cushner can be reached at 739-2217 or October 8, 2005 |