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Beat The Cops
A legal guide to challenging and beating traffic tickets
130 pages, Paperback
First published January 1, 1994
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January 20, 2015
What a stupid STUPID book. I give it one star because it did have about 2 pages of useful info. The rest is liar hogwash. What this book should've told me if it really was designed to help me is that it isn't so much about justice and the law as it is about revenue. They don't care whether or not you're guilty of speeding. They just want your money. And the fact is, that they will NEVER! And I repeat this: NEVER! EVER! FREAKING EVER!!!!! spend more money to prosecute you than the ticket is worth. This book could have been 3 pages long and told you all you need to know.
Which is this:
Each state's constitution gives you a right to a trial by jury, and a right to legal counsel. And the court is obligated to appoint legal counsel for you if you can't afford it. Most of the time the reverse side of the ticket will advise you of this. But the prosecutor will tell you that you're not entitled to an attorney for a ticket. He's lying.
Here's what you do:
Go to court, plead not guilty, ask for an attorney. They'll set a court date (and probably not give you an attorney at the district court level). Show up for your "trial" (which, at district level, will not involve a jury). At trial, if the cop shows up, they'll present their case against you. When judge asks for your side of the story, tell him, "I'm sorry, your Honour, but I don't feel I should be speaking without an attorney present." The judge will say, "Ok, then this court has no choice but to find you guilty as charged". He will then be obligated to inform you of your RIGHT to appeal to CIRCUIT court. Fill out the appeal form & make it known that you're officially requesting an ATTORNEY and a TRIAL BY JURY. Go home. You'll get notice in mail of your new trial date. (also you'll have to fill out an affidavit of hardship, on the merits of which the circuit judge will appoint you an attorney). This trial date will get postponed at least 3 times, but you have to show up anyway. This is their way of trying to wear down your resolve. They hope you have to take off work (and thus spend money) to make these appearances. Each "continuance" will usually take 3 months. This is also their way of avoiding having to abide by your right to a jury trial. Because a jury trial involves at least 12 other people who will have to take off work. And the court will have to pay those people at least $15 an hour. There is no way in the universe that a DA is going to spend twenty something thousand dollars to assemble a jury to prosecute you for a $250 ticket. (not even a $1500 DUI, believe it or not). Eventually they will offer to dismiss the ticket if you attend a driver safety class for about $35. But if you want to press them further & not take the class, they'll offer to dismiss if you pay a small "court cost", which could be less than $35. But if you keep going, they will dismiss it outright because the DA has a DUTY & OBLIGATION to act in THE BEST INTEREST of the county/state. And the law requires for a DA to DISMISS any charge if he finds it is not in their best interest to prosecute it.
This stupid book, written by a lawyer, did not tell ANY of this info....because that would detract from their income...because their livelihood depends on keeping you uninformed.
Which is this:
Each state's constitution gives you a right to a trial by jury, and a right to legal counsel. And the court is obligated to appoint legal counsel for you if you can't afford it. Most of the time the reverse side of the ticket will advise you of this. But the prosecutor will tell you that you're not entitled to an attorney for a ticket. He's lying.
Here's what you do:
Go to court, plead not guilty, ask for an attorney. They'll set a court date (and probably not give you an attorney at the district court level). Show up for your "trial" (which, at district level, will not involve a jury). At trial, if the cop shows up, they'll present their case against you. When judge asks for your side of the story, tell him, "I'm sorry, your Honour, but I don't feel I should be speaking without an attorney present." The judge will say, "Ok, then this court has no choice but to find you guilty as charged". He will then be obligated to inform you of your RIGHT to appeal to CIRCUIT court. Fill out the appeal form & make it known that you're officially requesting an ATTORNEY and a TRIAL BY JURY. Go home. You'll get notice in mail of your new trial date. (also you'll have to fill out an affidavit of hardship, on the merits of which the circuit judge will appoint you an attorney). This trial date will get postponed at least 3 times, but you have to show up anyway. This is their way of trying to wear down your resolve. They hope you have to take off work (and thus spend money) to make these appearances. Each "continuance" will usually take 3 months. This is also their way of avoiding having to abide by your right to a jury trial. Because a jury trial involves at least 12 other people who will have to take off work. And the court will have to pay those people at least $15 an hour. There is no way in the universe that a DA is going to spend twenty something thousand dollars to assemble a jury to prosecute you for a $250 ticket. (not even a $1500 DUI, believe it or not). Eventually they will offer to dismiss the ticket if you attend a driver safety class for about $35. But if you want to press them further & not take the class, they'll offer to dismiss if you pay a small "court cost", which could be less than $35. But if you keep going, they will dismiss it outright because the DA has a DUTY & OBLIGATION to act in THE BEST INTEREST of the county/state. And the law requires for a DA to DISMISS any charge if he finds it is not in their best interest to prosecute it.
This stupid book, written by a lawyer, did not tell ANY of this info....because that would detract from their income...because their livelihood depends on keeping you uninformed.
Displaying 1 of 1 review