NATIONAL MOTORISTS ASSOCIATION

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HOW TO BEAT A SPEEDING TICKET
"The law is that which is boldly asserted and plausibly maintained" - Aaron Burr

Reality check:

1. Legally, you are presumed guilty.
2. You are also assumed to be lying. (A traffic hearing isn't really about uncovering the truth - it's about your money.)
3. You cannot count on sympathy of the judge or the police officer. They don't know what it's like to get a speeding ticket.


So how do you beat the odds:

The biggest advantage you have is that you get to question the officer, but you don't have to testify yourself. You win by methodically and deliberately showing to the judge the weaknesses on the ticket and in the officer's testimony.


How do you do that:

  1. You must question the officer - just making a statement will not do.
  2. You must examine everything the officer wrote on the ticket and says in court. (For example: Did he mark "estimated" on the ticket? Have him describe the process in detail. Is he guessing the distance at which he was able to estimate your speed to the mile per hour?)
  3. Ask the officer to use your maps, charts or pictures.
  4. Write out all your questions. Speak slowly and clearly. Stay calm no matter what the judge says to you.
  5. Do not rely on one "home run." At the end, summarize for the judge all the inconsistencies on the ticket and in the officer's testimony. Do not hesitate to remind them of the law, for instance if you are a junior license operator that you are bound to loose your license, or that in order to be in violation of 90/17 you have to speed over a prescribed distance. The judge must be impressed by your preparation and performance to dismiss the charges.


Start with "Good morning, Your Honor." Be friendly, but don't be cocky. After the judge allows you to question the cop, say "Thank you, Your Honor, " and "Good morning, Officer."


And if you conclude with something like:

"Your Honor, the officer failed to have me sign the citation as prescribed by the law (MGL 90C-§2), the police department failed to honor my public information request under the Freedom of Information Act, as prescribed by the law (MGL 66-§10), there is no calibration record, during his testimony the officer failed to estimate a precise distance, and that speed limit is illegal in the first place - here is a letter from MassHighway Department to that effect,"
the chances are you just saved yourself $2500 over the next six years - despite the overwhelming odds.

Here is an actual example.

Good luck.


The Massachusetts system of traffic "justice" is a two step process. The preceeding notes apply only to the second step, the appeal before a judge. During the first step, a hearing in front of a magistrate, the ticketing officer will not be present. Your line should be something like 'that nice police officer gave this ticket to a wrong person.' You are innocent and you believe this radar readout belonged to that sports car or to that big truck or whatever. Because of traffic/darkness/obstructions at the time however, the officer happened to give this ticket to you instead of the real culprit...

Remember:
- The magistrates get paid from the state fund the ticket fines go into.
- Do not get into details of your case. The officer who is present WILL coach the ticketing officer about your defence, if you decide to appeal the magistrate's ruling!
- THE POINTS WILL GO ON YOUR RECORD NO MATTER WHAT THE MAGISTRATE OR THE COP TRY TO TELL YOU.

Don't be mad or disappointed if you don't win - simply APPEAL.

For more details, read the Ticket Fighting Primer

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