Read this thread here: http://www.analystforum.com/comment/91103512
I have received two speeding tickets in my life – one where I pleaded no contest, and one where I represented myself in court without an attorney. As some of you may have noticed by now, I put a lot of value on experiential learning in my life, because I think it is the best way to get up the learning curve.
Ultimately, I ended up presenting as strong of a case that I could have reasonably provided, and although the judge ruled that I was guilty of speeding (something about 80 mph in a 60 mph zone), I did not get any points on my driving record and actually my fine was reduced from around $280 to just $160. Most curiously, I was commended by one of the members of the prosecution after the trial for my confidence and preparation.
How did I get to this point? Check the link I posted – there’s a lot of good advice in that thread, especially the site called “Fighting a speeding ticket.” Beyond that, here’s my advice to you. First, there are a number of details you should investigate during the discovery process (pay attention because you’re only afforded a certain number of days to request certain details) – these details include radar repair records, calibration logs, patrol car (cops often switch cars), maintenance records, and so forth. You have a constitutional right to discovery and so you should start building your case before you actually go to court.
On the day of the trial, you’ll probably be nervous and flustered just as I was. However, you will also go a long way by being respectful, confident and humble – I’ll say this again later, but you don’t want to piss off the judge. He/she will know you’re green, so you’ll get a lot more love if you’ve studied the books and know what you’re supposed to do ahead of time (i.e. do NOT go into a courtroom without having a clue about legal protocol, especially if you plan to go in without an attorney!). Oh yeah, about attire – you know your “Sunday best”? That isn’t just for the church. That’s also for the courtroom. If you want respect from the judge and prosecution, dress like you deserve it.
The trial started with the prosecution’s opening statement and presentation of the case (I declined to provide an opening statement and felt this was the right strategy), followed by the cop’s testimony and video of my alleged speeding. All of this proceeded as expected. Things started to get interesting during my cross-examination of the cop. I asked him for specific details about whether he could recall what car he was driving that day (fully knowing that cops often switch cars, he didn’t remember), when he had his pacer last calibrated (he didn’t recall), and a few other things where I tried to expose inconsistencies between what was learned through the discovery process and his testimony on that day. I also asked the cop to approximate how far he had been pacing me and at what rate and distance he accelerated, knowing that the day I had been cited for the ticket was six months earlier and I didn’t think it was particularly likely that the cop would remember the details of my case, or even be able to come up with details that were mathematically close to what the laws of physics would provide.
Basically, what I’m saying is that if you’re somewhat adept at math and can be confident in your ability to calculate distance, rate, time, and acceleration where all but one of those variables are unknown, you can quite possibly prove that the cop’s assertion as to how fast you were driving based on the time he allegedly was pacing you will not necessarily add up – and any time you can create doubt in the prosecution’s case, that can only be a good thing for you.
The hardest part of the day was knowing when to object during the cop’s/prosecution’s case. I’d say the objections I used most frequently were based on independent recollection, narrative and speculation. It’s tough because if you’ve never been inside a courtroom before, you have no idea when you’re supposed to object and you don’t want to piss off the judge. But that’s why upfront preparation helps.
My trial came and went in 45 minutes, and all went as I had hoped except for the verdict as I mentioned earlier: guilty. Personally, I feel like the verdict had more to do with circumstantial evidence and just the general fact that the judge, prosecution and cop all knew each other. I’m not saying that the American court system is corrupt or anything because we have one of the best court systems in the world. Maybe I was speeding that day after all. But what’s really important is that I got my fine reduced, I didn’t get any points on my license, and ultimately I would feel completely confident representing myself in a court of law if I were to get another speeding ticket in the future.
Anyway, I wish you the best of luck. Let us know how you decide to proceed.
P.S. I do not endorse speeding and any of my recommendations per the above are based on my own opinion and experiences. They are intended to be within the complete purview of the law. Your moves may vary.