The state must establish you are guilty of all the elements of the law.

Yes, you can really weasel your way out of a ticket, but it requires you going to court. Now mind you, just because I am taking the time to explain all of these proceedings, doesn’t mean I condone the illegal actions taken to get the ticket in the first place. The first thing you need to comprehend is the ticket. You need to find out exactly which law the ticket says you violated, not just what is written on the ticket. Look real close at the ticket, the officer should have plainly written the number of the statute that was dishonored. The next obvious step is to take a trip to the library to have a look at that statute. If you prefer to look it up online here are a few of links that may help: www.legalonline.com/statute2.htm , www.findlaw.com/casecode/state.html , and www.speedtrap.com . I would like to add before deciding to dispute the ticket, make some inquiries first to determine if it is even worth the hassle. While determining if it is worth while, remember that officers only show up ten to twenty percent of the time.

In your researching of the statute you supposedly violated you will find more often than not you didn’t actually break any laws.

Here’s an illustration of what I mean; we’ll use an illegal u-turn. Under illegal u-turns it states “No person in a residence district shall make a u-turn when any other vehicle is approaching from either direction within two-hundred feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device”.

To be found culpable of breaking this law, the state must establish you were guilty of each element. In this particular case their are four elements.

You were driving in a “residence district”

You drove your vehicle in a one-hundred eighty degree or “u-turn”

Another vehicle was approaching within two-hundred feet or less, either in front or from behind

An “official traffic control device” at an “intersection” was not controlling the vehicle approaching you

So basically, if you can show your conduct did not violate all four of the elements of the law, you’re home free.

I suppose your next question would be will it hold up in a courtroom. Absolutely. This is referred to as a technical reading. Which is exactly how judges and lawyers are taught.

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  • R J Grant on Nov 4, 2008

    So that’s what you were doing at the library : )

    Very, Very good info.
    Looking forward to part 2.
    I’ve heard of another one – never tried it but it sounds reasonable -
    If you get a ticket in the mail because a camera took your picture running a light or something you should plead innocent, go to court, and ask for your right to question the witness! Can’t be done.

    Grant

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