How to beat speeding tickets in court: use the sixth amendment

Getting a speeding ticket really sucks, but the good news is that learning how to get over speeding tickets in court is pretty easy. To beat that ticket you just need to understand how the system works and then you will beat them at their own game. Once you see how, it can be fun to question the officer on the stand and watch him grope for answers. If you go to court without knowing what you are doing, you will almost certainly hear the words GUILTY when you are sent to pay your fine. Don’t let that happen to you.

Here is a specific strategy that is used to win on the court. This strategy assumes that you have requested and received a copy of the officer’s copy of your speeding ticket. This strategy falls under the Objection, Independent Collection strategy. Is that how it works:

• The officer will likely read a copy of your speeding ticket with the notes you made when you wrote your ticket. They take notes because they write 5-10 tickets a day and if they go to court, they can refer to the case. It’s hard to remember details from months ago for something that was done routinely.
• During the judicial process, the prosecutor will question the officer. The officer will likely directly read the notes made on your speeding ticket. If this happens, object immediately. The officer is required to testify of “independent recall” not notes. The judge is likely to bypass the rule, allowing the officer to use the notes.
• This is where you have them. This strategy prepares the case for dismissal on constitutional grounds and is a great strategy on how to beat speeding tickets in court.

The sixth amendment to our constitution guarantees the right to be confronted by a witness. The officer is the witness, not the ticket or the notes written on the ticket. If the officer has to read the ticket to testify, he is not providing information based on your memory as a witness. Without an independent recollection, the officer does not consider himself competent to testify against you in the eyes of the law. It is grounds for a motion to dismiss if the officer cannot testify against you without the notes. In all likelihood, the case will be dismissed with your Motion. Otherwise, you have set the stage for an easy appeal of the decision should the judge rule against you. You will almost always win on appeal, so this is a key strategy for beating speeding tickets in court.