Traffic Ticket Myths
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Traffic Ticket Myths
http://articles.moneycentral.msn.com...aspx?GT1=33004
Drivers of red cars get more tickets. If you don't sign a ticket, the case will be dropped.
If the officer gets your hair color wrong on the ticket, you'll win.
Such stories relating to traffic tickets abound, but drivers and defendants will find that few of them are true.
The best advice is to simply to obey the law, know that rules and procedures vary from jurisdiction to jurisdiction, and not count on urban myths when you hope to escape a ticket -- or its consequences.
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.
Get a quote on car insurance Compare what Esurance, Geico, Nationwide, Progressive and State Farm have to offer.
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.
Get a quote on car insurance Compare what Esurance, Geico, Nationwide, Progressive and State Farm have to offer.
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."
Drivers of red cars get more tickets. If you don't sign a ticket, the case will be dropped.
If the officer gets your hair color wrong on the ticket, you'll win.
Such stories relating to traffic tickets abound, but drivers and defendants will find that few of them are true.
The best advice is to simply to obey the law, know that rules and procedures vary from jurisdiction to jurisdiction, and not count on urban myths when you hope to escape a ticket -- or its consequences.
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.
Get a quote on car insurance Compare what Esurance, Geico, Nationwide, Progressive and State Farm have to offer.
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.
Get a quote on car insurance Compare what Esurance, Geico, Nationwide, Progressive and State Farm have to offer.
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."
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http://articles.moneycentral.msn.com...aspx?GT1=33004
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. 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.
Time and time again people hop in my car and go, "Aren't those illegal!"
.And, "false sense of security"??? What the hell is that!
YOU GET WHAT YOU PAY FOR
If you go out and buy a POS cobra radar detector, your bound to get pulled over you idiot. But, if you drop 300-500 on one, i feel pretty damn secure if you ask me. I CANNOT TELL YOU how many times my radar has saved my *** from cops shooting radar. Driving safely* over the limit since i got my liscence and NOT 1 ticket. There isn't a better feeling in the world when you beat the system. Slowing down in time to roll by that cop with an ear to ear grin on your face, just wishing you could throw up a finger at those power-tripping, egotistical, self-serving, discriminating pigs.
"But speeding drivers are also more likely to commit other infractions"
I use a blinker no matter where the hell i am, if i see a car or not. What if there's a pedestrian i can't see that see's my blinker. My actions refect his.
And as for not stopping at redlight's?
Are you asking to get pulled over? And chasing the dragon sure pertains to technology upgrades. I'll agree to that one. I'm on my 3rd escort RD, (only b/c the 1st 2 were stolen at my stupidity), but i gaurantee you i would have traded up with all the advances. The best of the best right now, beltronics Sti Driver RD, can block just about any radar detector detector, RDD. So driving through VA and D.C. are a breeze if it's well hidden. I've driven a few hours through VA multiple time with my escort 9500i and havn't been pinned down.
Radar Detectors are just one step into fighting the system and i will drop every penny i have into that cause. Pull me over as many times as you want, but i will use all my resources to show you that you have no more power than i do as a human being.
Canadian, Eh!
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From: Calgary, Alberta
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me - I have to pay this ticket.
him - Actually that ticket was dismissed.
me - Why?
him - The cop forgot to write AB for the province code.
me - So? It's pretty obvious it happened here. The rest of the address is here.
him - The ticket's incorrect, it's dismissed.
So I just walked away, it was a $40 ticket too.
This one's not true in Canada, it's an immediate dismissal if the cop doesn't show. Had it happen to friends many times.
Last edited by DeX; Jun 19, 2008 at 07:34 PM.
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Re: Traffic Ticket Myths
in myth 6. the end where it says "never admit to speeding" really isn't all that bad.
i have had two tickets, both in which i was driving 30km/h over the limit. ussually a $120 ticket and 3 points detucted. so when i was pulled overfor the first time i was perfectly honest with the officer, admitted i was doing 30 over, and every thing. so he reduced the ticket to 15km/h over. which it 50$ and 0 points. i was happy, mostly because it was during math class and right infront of an elimentary school.
second ticket i recieved was also during math class, doing 30km/h over, admited to speeding aswell. and i guess the officer (from the first ticket) didn't put it into the computer or something, so this officer thought it was my first ticket, so he was nice angain and reduced it to 15km/h over again. i loved it.
now i'm just waiting untill i get my insurance renewal because my insurance won't increase with one speeding ticket, but will with two, so i'm hoping if the second officer only saw it being my first, so will my insurance company.
i have had two tickets, both in which i was driving 30km/h over the limit. ussually a $120 ticket and 3 points detucted. so when i was pulled overfor the first time i was perfectly honest with the officer, admitted i was doing 30 over, and every thing. so he reduced the ticket to 15km/h over. which it 50$ and 0 points. i was happy, mostly because it was during math class and right infront of an elimentary school.
second ticket i recieved was also during math class, doing 30km/h over, admited to speeding aswell. and i guess the officer (from the first ticket) didn't put it into the computer or something, so this officer thought it was my first ticket, so he was nice angain and reduced it to 15km/h over again. i loved it.
now i'm just waiting untill i get my insurance renewal because my insurance won't increase with one speeding ticket, but will with two, so i'm hoping if the second officer only saw it being my first, so will my insurance company.
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yeah i was honest with the cop when he got me doing 29 in a 15 school zone (normal speed limit is 35), i didnt see the sign and was my first time driving that part of town. the sign was small with no flashy lights and all day enforcement. i didnt even see the school anywhere. so he cut me a big break after i admitted i was speeding and said sorry i didnt see the sign. i walked away with a 10mph over the posted speed, NO school zone double penalty. and in court, i took diversion and went to traffic school so no record the ticket ever was given. most cops want you to be honest. and really, you and the cop both know you were speeding. why play dumb and act like you did nothing wrong. cops hate that. man up and take responsibility and youre almost always guaranteed a reduction.
also about car colors, white is the most conspicuous because it reflects the most amount of light and appears brighter than any other color. some insurance companies offer discounts for driving white cars cause they are easier to see by other drivers and thus safer.
also about car colors, white is the most conspicuous because it reflects the most amount of light and appears brighter than any other color. some insurance companies offer discounts for driving white cars cause they are easier to see by other drivers and thus safer.
Last edited by gearbox; Dec 5, 2008 at 11:24 PM.
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here's the thing about radar..... cops also use lasers now. and can get you from helicopters and planes. and lots of times with radar detectors you'll get fooled with automatic doors from supermarkets. and you most likely won't know until it's too late. sure they can help you, but it's not a sure fire way to not get a ticket.
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yeah i was honest with the cop when he got me doing 29 in a 15 school zone (normal speed limit is 35), i didnt see the sign and was my first time driving that part of town. the sign was small with no flashy lights and all day enforcement. i didnt even see the school anywhere. so he cut me a big break after i admitted i was speeding and said sorry i didnt see the sign. i walked away with a 10mph over the posted speed, NO school zone double penalty. and in court, i took diversion and went to traffic school so no record the ticket ever was given. most cops want you to be honest. and really, you and the cop both know you were speeding. why play dumb and act like you did nothing wrong. cops hate that. man up and take responsibility and youre almost always guaranteed a reduction.
also about car colors, white is the most conspicuous because it reflects the most amount of light and appears brighter than any other color. some insurance companies offer discounts for driving white cars cause they are easier to see by other drivers and thus safer.
also about car colors, white is the most conspicuous because it reflects the most amount of light and appears brighter than any other color. some insurance companies offer discounts for driving white cars cause they are easier to see by other drivers and thus safer.
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oh yeah ive learned a ton watching cops lol. those detectors are also totally useless. most cops these days only use the radar to "tag" cars anyway for a few seconds, and they dont keep doing it to every car, just the ones that appear to be going fast. so the chances your detector will alert you are not good. have you watched "speeders" show its kinda like cops but mostly just speeding violations. they also have a show called "speeder fights back" lol where they show em in court trying to beat the ticket. their excuses are rediculous to say the least. also, cops are allowed to HIDE now when shooting radar at cars. so even if you see the detector beeping, you might shrug it off cause theres no cop in site.
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Just my two sense into this thread. I successfully fought a ticket recently for a stop sign violation. The officer ended up being very ill prepared and had no photographical evidence to back up his claim. The best thing to do would be to make sure when going to court your prepared with an opening statement and lots of questions. Exploit technicalities. An example if you were pulled over for a dim tail light ask if the officer saw this from the proper distance. If there is no mention or the officer does not state this in his testimony good chance he will lose for not following proper procedure.
Also make sure you have photo graphical evidence if theres an obstruction or something that could cause doubt to the situation. having a picture gives the judge a better understanding and shows that you care about your license enough to go out and get information to help your case.
Also make sure you have photo graphical evidence if theres an obstruction or something that could cause doubt to the situation. having a picture gives the judge a better understanding and shows that you care about your license enough to go out and get information to help your case.
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Re: Traffic Ticket Myths
boy does it amuse me more and more every day when people put down and bad-mouth radar detectors. Well no-**** radar detectors ARE NOT cop detectors! Time and time again people hop in my car and go, "Aren't those illegal!".
And, "false sense of security"??? What the hell is that!
YOU GET WHAT YOU PAY FOR
If you go out and buy a POS cobra radar detector, your bound to get pulled over you idiot. But, if you drop 300-500 on one, i feel pretty damn secure if you ask me. I CANNOT TELL YOU how many times my radar has saved my *** from cops shooting radar. Driving safely* over the limit since i got my liscence and NOT 1 ticket. There isn't a better feeling in the world when you beat the system. Slowing down in time to roll by that cop with an ear to ear grin on your face, just wishing you could throw up a finger at those power-tripping, egotistical, self-serving, discriminating pigs.
"But speeding drivers are also more likely to commit other infractions"
I use a blinker no matter where the hell i am, if i see a car or not. What if there's a pedestrian i can't see that see's my blinker. My actions refect his.
And as for not stopping at redlight's? Are you asking to get pulled over?
And chasing the dragon sure pertains to technology upgrades. I'll agree to that one. I'm on my 3rd escort RD, (only b/c the 1st 2 were stolen at my stupidity), but i gaurantee you i would have traded up with all the advances. The best of the best right now, beltronics Sti Driver RD, can block just about any radar detector detector, RDD. So driving through VA and D.C. are a breeze if it's well hidden. I've driven a few hours through VA multiple time with my escort 9500i and havn't been pinned down.
Radar Detectors are just one step into fighting the system and i will drop every penny i have into that cause. Pull me over as many times as you want, but i will use all my resources to show you that you have no more power than i do as a human being.
Time and time again people hop in my car and go, "Aren't those illegal!".And, "false sense of security"??? What the hell is that!
YOU GET WHAT YOU PAY FOR
If you go out and buy a POS cobra radar detector, your bound to get pulled over you idiot. But, if you drop 300-500 on one, i feel pretty damn secure if you ask me. I CANNOT TELL YOU how many times my radar has saved my *** from cops shooting radar. Driving safely* over the limit since i got my liscence and NOT 1 ticket. There isn't a better feeling in the world when you beat the system. Slowing down in time to roll by that cop with an ear to ear grin on your face, just wishing you could throw up a finger at those power-tripping, egotistical, self-serving, discriminating pigs.
"But speeding drivers are also more likely to commit other infractions"
I use a blinker no matter where the hell i am, if i see a car or not. What if there's a pedestrian i can't see that see's my blinker. My actions refect his.
And as for not stopping at redlight's?
Are you asking to get pulled over? And chasing the dragon sure pertains to technology upgrades. I'll agree to that one. I'm on my 3rd escort RD, (only b/c the 1st 2 were stolen at my stupidity), but i gaurantee you i would have traded up with all the advances. The best of the best right now, beltronics Sti Driver RD, can block just about any radar detector detector, RDD. So driving through VA and D.C. are a breeze if it's well hidden. I've driven a few hours through VA multiple time with my escort 9500i and havn't been pinned down.
Radar Detectors are just one step into fighting the system and i will drop every penny i have into that cause. Pull me over as many times as you want, but i will use all my resources to show you that you have no more power than i do as a human being.
and ZR4 laser jammer baby!
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about the hiding, yeah at one time they had to be out in the open, but recently ive noticed they pick spots that nobody can see until maybe 5 ft away. like inside an apartment drive with trees all around, or on the side of the road in the ditch area where if its at night, there is no way you can see them until the lights come on. sneaky stuff.
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a cop can do pretty much what he wants... i got nailed one night, supposedly a green civic had been racing on the strip, well guess who turn the corner and merges onto the strip, me, i was surrounded..got dropped though 
Re: Traffic Ticket Myths
I got a ticket the other day for speeding. Cops had their cars behind a brick wall and they were standing behind the trees. Ticket will be dismissed due to several typos from the officer's questionable handwritting
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sorry for resurrecting a dead thread, but Myth #5 is true in some cases. Kentucky doesn't accept driving records from other states (or hadn't in 2003)
I moved to KY when I was 22. Multiple accidents and a careless operation ticket that I got for jumping an elevated railroad track in a Toyota 4x4. Changed my Driver's License over, then started looking for new insurance. Record was as clean as a preacher's sheets.
I moved to KY when I was 22. Multiple accidents and a careless operation ticket that I got for jumping an elevated railroad track in a Toyota 4x4. Changed my Driver's License over, then started looking for new insurance. Record was as clean as a preacher's sheets.
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