Uncle John’s Slightly Irregular Bathroom Reader (83 page)

Speeding tickets can cost a lot—in fines, legal fees, points on your license, increased insurance rates. Have you ever gotten a ticket you felt you didn’t deserve but didn’t know how to fight it? Here are some tips from the experts
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T
IP #1: SHUT UP

Traffic officers will often ask you if you know why you were stopped. They aren’t just curious—they’re checking to see if you acknowledge guilt up front. If you do, it will make it that much harder for you to fight your ticket in court. Technically speaking, you
don’t
know why the officer has pulled you over. And even if you were speeding, you may have been pulled over because a taillight is out. So if you’re asked whether you know why you were stopped, just say no.

If you are charged with speeding and must speak, try to say something that will help your case, like, “Officer, I believe I was driving at a safe and reasonable speed.” While you’re at it, ask the officer to let you off with a warning. It never hurts to ask (and if they agree, you get to skip the rest of this article).

TIP #2: TAKE NOTES

Does your estimate of how fast you were going differ from the officer’s estimate? If so, put some time and effort into researching your case and fighting your ticket. Experts say that if you can find a discrepancy in the officer’s testimony, or identify a problem with the way the radar equipment was used, you may be in a good position to fight an unfair ticket. Make as many mental or—even better—written notes of the circumstances surrounding your traffic stop as possible. Here are some things to look for:

At the Scene

Note the precise location where you were stopped, using street names and landmarks. You’ll need this info if you decide to come back to the scene later to collect more information about your incident.

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Make a note of the weather—is it an unusually hot or cold day? Is it humid? Raining? Snowing? Windy? All of these factors can affect the accuracy of a radar gun.

How heavy was the traffic when the officer clocked your speed? Were there any large vehicles (trucks, cars towing trailers, etc.) nearby? Make a note of it. Radar guns tend to detect the speed of the largest vehicle within their field of view.

The Radar Unit

Where was the officer when you were clocked? The beam from a radar gun behaves like the light from a flashlight: the farther it travels, the more it spreads out and the more targets it’s likely to hit. By the time the beam has traveled as little as 100 feet, it may be as wide as two lanes of traffic. Was a vehicle in the other lane traveling faster than your car? If so, your vehicle may not have been the one that was clocked.

Ask the officer to let you see the radar unit that clocked your speed. Make a note of the make and model of the unit, and also the serial number if it is visible. If the officer refuses to let you see the unit, make a note of that too. It may come in handy later.

Returning to the Scene of the Crime

As soon as possible after you get a speeding ticket, go back to the place where you were stopped. Bring a pencil and paper and a camera. Sketch a simple diagram of the surrounding area and make a note of any trees, curves in the road, or buildings that might have obstructed the officer’s view.

Note the speed limit in the area. Is it posted? In some states, if the speed limit isn’t posted in the area where you were stopped, you may be able to get out of a ticket.

Are there any signs that indicate the stretch of road is “radar enforced?” In some jurisdictions, the police are only allowed to use radar guns where such signs are posted—and if the signs aren’t there, a judge can dismiss the charges against you.

Power lines, microwave towers, bridges, overpasses, airports, hospitals, and even large neon signs can create electromagnetic interference affecting the accuracy of police radar units. If any such landmarks are nearby, be sure to photograph them and note them on your diagram.

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TIP #3: CHECK THE EQUIPMENT

Now that you’ve made notes of the circumstances surrounding your traffic stop, you can check to see if any of them may have contributed to an inaccurate reading of your car’s speed. If you suspect that the radar gun was malfunctioning or was used improperly, you can ask the court to instruct the police department to furnish you with documents that might help determine whether this is true. Some things to ask for:

Manuals.
Many training manuals include a few pages on the types of conditions that cause bad readings. Compare your notes with the instructions given in the manual. Did the officer use the radar gun in a way that the manufacturer warns is likely to generate a false reading? If you think poor weather on the day of the traffic stop was a factor, check to see if there’s anything in the manual that warns against bad readings on days with similar weather.