Speeding Ticket – Simple Approach

DISCLAIMER: None of the information on this web site is legal advice, only opinion. A very brilliant Southern Californian man (“Scott”) developed his own method of fighting speeding tickets. As of this writing he has received Dismissal of 8 out of 8 speeding tickets for himself, his family and friends. The method can be adapted to any prosecution of any infraction or victimless offense”, so in this column we are presenting a step-by-step guide to this method as downloads of the necessary documents (although some of their 3rd party links have expired).

The underlying principle of this method is that even though the police and justice system have very rigorous constraints on their actions, we tend to allow them to lie, cheat, steal and cut corners in direct violation of their own rules in order to extract wealth from the public on large scale with legally defective processes for prosecuting “infractions” and “Traffic Violations” where there is no damage and no injured party. By having no victims, the state can direct any revenue to itself in unjust enrichment. Victims need compensation. That is why the state often ignores victims and goes after victimless “offenders.”

By holding Officers and courts to some of the basic processes and rules that they are legally required to observe, Scott has been able to dramatically turn the tables on malicious and greedy prosecution of harmless and victimless “offenses” which are little more than plundering and looting of the public by our public officials.

This method is strictly “compliant” with all Justice System procedures and does not involve any outlying “theories” or risky legal experiments. This method uses the system’s own rules, codes and procedures to secure dismissals of speeding tickets.

The reason this is possible is that the justice system has, over the years, unlawfully streamlined the “Traffic” penalty processes for profit, and the method presented here defeats that streamlining and makes prosecution of petty offenses highy UNPROFITABLE for law enforcement, municipalities and courts, in fact, so unprofitable that they generally select dismissal as the preferable option.

We believe it is a public duty to challenge “policing for profit” in all forms, and when enough of us do that, the practice will be ended. Police should never have been recruited to revenue collection exercises against the public. Our police are trained professionals at dealing with true emergencies and serving the needs of crime victims. That is what they should be doing, and we believe that is what most law enforcement officers would prefer to be doing.

To see an explanation of this process as given by “Scott” who has used the method successfully 8 times in a row, click on THIS VIDEO:

The step-by-step description of the process is also below in text, in that description are also links to the templates for the court documents which you will need. Review and edit those templates to be appropriate for your own case.

NOTE: This process is for California, but can easily be adapted to other states with some minor legal research. See each state traffic laws website for codes applicable to the offense and discovery rules. For case law see https://scholar.google.com – for case laws on traffic and/or discovery violations (and why a case should then be dismissed).  This is key to winning.

When you are subject to an “Emergency Stop”, do not protest, object or confront the officer about anything. Provide any documents requested such as Driver’s license, insurance and registration. Do not engage any conversation, do not answer any questions other than to say “With all respect, my attorney has advised me to remain silent.” Do not SAY or DO anything to implicate yourself as “guilty”. Sign the ticket and do not do anything to prolong the stop, or to make the stop memorable in any way. Do not try to “make friends” with the officer other than to comply minimally to his/her requests.

Look up the law cited on the ticket and read every word of it several times so you know not just what it says, but what it really means. Codes are often written very deceptively. Usually you can find the law by simply putting the code name and number in a search engine.

The citing officer, court, and district attorney is obligated to send you all facts relating to your case within 30 days of your trial (CA Penal code 1054 – look up your state rules) so that you can properly defend yourself. That includes any reasonable information you request. Download this “Discovery Template” document.

Go over the entire document and edit it to be appropriate to your case – especially state codes and court rulings). When preparing the discovery motion you request a bunch of difficult and technical, but applicable stuff. While some discovery requests are already in the template, they may not exactly apply to your citation. It may be important to add or delete some discovery requests to make the Motion applicable to your case.

If it’s a speeding ticket with radar gun you focus heavily on the radar gun, calibration, officer experience, etc. If it’s speeding and the cop “paced you” using his car, you request service records of the patrol car, info on the tires of the patrol car (make, model, size, brand, etc.), anything else you can think of. You are going to create doubt that the patrol car speedometer is accurate or that proper processes were observed. If the information you request will require effort and time to collect, that will increase the chances of a Dismissal. Make 4 copies of your edited Discovery Motion document.

As soon as possible after receiving the ticket you will need to visit the Court Clerk’s office with your citation and request to arrange an extension of the trial date for you because you are going to engage a “Discovery” process which takes at least 30 days. Call if you have no other choice. You will also request to enter a plea of “Not Guilty”. By doing that with the Court Clerk, you may be able to avoid an appearance for “Arraignment”. Ask the Court Clerk how and when you will be noticed for any necessary appearances. Do not provide any details to the Clerk, simply say that you need time to prepare for your case and you need AT LEAST 30 days – the more time you can get the better. While you are there, file the “MOTION FOR DISCOVERY” which you have prepared. Give the Clerk an extra copy to stamp as “Received” and return to you on the spot. This is called a “conformed copy” and it is very important to have later so you can prove that you filed the Discovery motion if any question should arise later. At the Court Clerk’s office request the mailing address for the Prosecutor who will be prosecuting your case.

In all interactions with the court, the clerk and all other players, never provide any more information than you have to. Do not chit-chat about your case, your actions or strategies. Be compliant, but never “help” the police or prosecutor “do their job”, they have identified you as an “offender”. They are your opponents in this matter and they are planning to do serious damage to you. Never presume anyone to be “on your side.”

If bail is required, pay it and make sure they have your correct address for a refund of the bail later.

After the Clerk’s office, you will go straight to a U.S. Post Office to “serve” your MOTION FOR DISCOVERY on the citing agencies (ie: Highway Patrol, Police or Sheriff, the address should be on the citation) and the Prosecutor (you got the address from the Court Clerk). You send them both by U.S, Postal Certified Mail, signed receipt. They have 30 days from the delivery date to respond. You should receive the signed receipt in the mail within a week or so. It is wise to also go to USPS.com, click on “Track A Package” and enter the number from your certified mail receipt. Print out that delivery confirmation and keep it with your records for presenting or filing in court. All documents need to be in hand for court.

Most likely you won’t get a timely response or, if you do get a response it will be incomplete and fail to respond to all your points and requests. In their streamlined and unlawful “Traffic Court” system they are not prepared to do the actual work of a normal criminal trial. They may even tell you that they do not have to respond. It is not their right to say that, it is up to the judge. Your position is that they must respond to all points in your Discovery Motion. If, in court, the judge disagrees, then be very respectful and gentle in requesting reconsideration. Never demand anything of the judge.

There is about zero chance that the accusing officer will adequately answer all your discovery requests as outlined in the download template. So 2 to 3 days prior to your trial, file the attached MOTION TO DISMISS.

Download, review fully and edit the document to be appropriate to your case. File that with the Court Clerk and again, get a stamped (“conformed”) copy and send copies to the citing agency and the Prosecutor by certified mail.

AT THE TRIAL

HOW TO DRESS:
Men: Do not go into court wearing a t-shirt. Wear something respectful but not flashy or “rich”. Look like a regular but humble guy.

Women: Don’t wear anything sloppy or disrespectful. Going “sexy” is very risky, but if you can, quietly visit the Traffic Court before your trial day and assess the judge and how he or she responds to different character types. Dressing for success in court means dressing however the people are dressed who are getting dismissals from the judge. Judges are never held accountable for violating the law or violating people’s rights, so they violate those things it without even thinking. And yes, judges are prejudiced in many ways, but sometimes they do radical things to show they are not prejudiced. In this method you have to simply assume the judge is honest, fair and strictly applying the law, even when it is very obvious that is not happening. Pandering to judges has turned our justice system into an embarrassing joke, but that is how the system works.

Chances are you will never actually argue the merits of the case so do not focus your preparation on that. The most important thing is to be prepared to introduce your MOTION TO DISMISSAL – BEFORE the trial proceeds. Be prepared to respectfully inform the court that discovery was not received or not complete and request a ruling on your MOTION TO DISMISS based on the “lack of discovery.” If the court or the prosecution starts to argue the point that some discovery was provided, just stick to the position that it was not complete, it was not timely, and Move for dismissal as many times as necessary to get a clear ruling.
If the judge or the prosecuting attorney seem to be “allowing” that discovery was adequate or timely, cite ALL of the following State case law:

Argument: “Discovery laws do apply” is provided by:
Penal Code 1054 (California code – find your state’s codes)
And Hobbs vs. Municipal Court 1991 (California – find your state’s case law)
And People vs. Matthews 1983 (California – find your state’s case law)

Argument: “Precedent for Dismissal based on lack of Discovery” is provided by:
People vs. Brophy 1992 (California – find your state’s case law)

Argument: “Under inadequate or untimely Discovery response, the testimony of the party responsible to provide Discovery must be removed” is provided by:
Sandeffer vs. Superior Court 1993 (California – find your state’s case law)

Under those citations of case law, you move the court that the testimony of the accusing officer be removed from the case.

The lack of compliance by the officer on providing Discovery response is the foundation of this method. If they attempt to railroad you past that question, do everything you can to respectfully and peacefully direct the court back to the question. If the court blatantly disregards your claim of failed Discovery, or rules against it, you will have right of appeal if you simply say clearly and audibly “Objection, the Defendant’s right of Discovery is not being protected.” Judges can be very arrogant, sometimes actually telling you that you can appeal, which is like saying “Yes, I am violating your rights but that is your problem, not mine.” If the judge does that, simply say “Thank you”. That is the judges signal that he/she is deliberately violating your rights and denying your right to requisite due process. Any argument at that point will just cost you more. Make an objection and get a ruling, and be prepared for an appeal in that event. 

When the testimony of the accusing officer is removed (as it should be), the only witness is you. You say “As the only witness in this case I have declared myself to be not guilty and I move the court for dismissal in accordance with my Motion For Dismissal in the court records.”

Here is how Scott illustrates how you might handle that in court:

In front of the judge, say “Your honor, I ask that you make a ruling on my previous motion for case dismissal based on the lack of discovery.” If the judge does not dismiss, you can ask “How can I properly prepare my defense if the prosecuting DA and police department are withholding key evidence that may prove my innocence? California penal code 1054 and case law Hobbs vs. Municipal Court 1991, People vs. Matthews 1983, and People vs. Brophy 1992 clearly show I have the right to discovery and my right to that has been violated, I ask you again, respectfully, to dismiss this case”. 

Whether or not the judge denies your dismissal, then ask the judge “Your honor, I ask the court to exclude the testimony of the issuing officer as per case law Sandeffer vs. Superior Court 1993”. If so allowed, the only testimony left is yours, then you say, as your testimony, “Your honor, as I have stated, I am not guilty”, then SHUT UP. Do not answer any more questions regarding the merits of the case. Just respectfully and humbly repeat your position that you are not guilty. If you can do that, then your appeal will be very simple and easy. Arguing the merits of the case will only muddy that up. (“If you know that they failed on Discovery then why are you arguing the merits of the case?”)

Another effect of serving the police department, district attorney’s office, and court clerk with discovery motions and certified return receipts is that you’re clearly demonstrating you know the law and how to defend yourself. Traffic courts and traffic Officers are bullies. They pick on the weak and uninformed. When you stand up for yourself legally, properly, calmly and respectfully, they immediately move their focus to someone else to pick on. The traffic cops would rather not show up to court if they believe they will and lose in the public trial. Even their supervisors agree with this. As soon as Scott started using this strategy, the traffic officers mysteriously started not attending his trials. It can’t be a coincidence. His last ticket, the officer showed up for the first time and Scott actually had to argue the case law sited above, and ask the judge to rule on his request for dismissal due to lack of discovery. The Judge agreed with Scott and dismissed the ticket. The young traffic officer didn’t get to say a word, but Scott saw his face get red and “steam coming out of his ears”. The officer knew he lost his case because he was too busy or too lazy to fulfill the Discovery request. It costs money to collect requested Discovery information, hold court and have the officer appear. They know that if they do all that the court and law enforcement offices can lose a lot of money. Since our Traffic Courts are now a revenue system, not a justice system, the court has the disadvantage of having to follow due process IF YOU REQUIRE IT. It is all up to you, your actions, and how well you understand this method.

Scott’s final comments: “When you are in the court house, you’ll notice how they heavily push traffic school, making payments, etc. All those options are designed for the uniformed and suckers. Whenever I get pulled over now, I view it as a worthless exchange of paper work. The traffic cop gives me his worthless paper (ticket) and I give him my worthless paper (discovery motions) and we call it even. It’s a bit of work, but nothing is sweeter than a refund check, no points on your record, and the knowledge you can defend yourself and receive some measure of justice. I’m not an attorney, nor am I offering you legal advice. Just sharing my impressions of what I found that works for me. I’ve won my last 8 ticket trials in row for myself, friends and family…Good luck!”

Source FREEDOMETAKER website