I GOT A SPEEDING TICKET. WHAT DO I DO NOW?
It’s never advisable to go to court or any other legal proceeding without a lawyer there to represent your interests. For most of us the loss of a driver’s license means a loss of income, employment, recreation, and other quality of life considerations. A single speeding ticket in and of itself will not directly cause your license to be suspended or revoked, but its effects could be much worse than you expect.
Speeding is a moving violation and most automobile insurance contracts require moving violations to be reported. A moving violation may cause your rates to go up. Not a good thing. A lawyer can help you avoid points or maybe even avoid a conviction.
An experienced criminal trial lawyer will subpoena the records of the radar or other equipment used in your case. Often the records are not brought to court, and the case is dismissed. Even if brought to court your lawyer should be aware of the defects in the records that may exist and use these defects to your benefit.
If going to court is a problem your lawyer can go for you. With permission of the court he can even try and win your case. Permission is almost always granted.
If you decide not to hire a lawyer rethink that decision. If you are still determined to go it alone keep these tactics in mind:
- Never pay the ticket. Never say you want to plead guilty with an explanation. The State must prove you guilty. The officer may not appear; he may have lost the ticket book with your ticket in it; on your court day the guy in front of you has a lawyer who beats the ticket on a technicality so you use the same tactic to beat yours.
- Don’t lie. Plead not guilty and let the police officer tell his story then give your explanation. If you imply that the officer is lying the judge will probably think you’re the liar and punish you for lying. In your explanation tell the judge a little about yourself, your job, your family, and any pertinent history such as military service.
- Dress appropriately. You will be amazed at the number of people in your courtroom who dressed for a walk in the park rather than for a day in court.
- Consider requesting a postponement. It must be in writing with your citation number and trial date listed on the request. A postponement could complicate things and you could reap a benefit from those complications.
- Ask a lawyer in the courtroom if he’ll do your case for a $100.00. Have the cash in your hand.
- The best advice is to call Dominic J. Fleming at 410-659-7661 for a free consultation.
AVOIDING A TRAFFIC STOP
Just about every serious traffic charge begins with a traffic stop. It is illegal for the police to stop a vehicle on a whim or mere suspicion, however the legal reasons for stopping an automobile on the road are staggering in number.
There are many steps you the driver can take to avoid the traffic stop. If you are legally stopped there are still many ways to avoid arrest, prosecution, and conviction. An experienced trial attorney is essential to protect your rights once you have been charged with an offense, but you will seldom have the advice of a lawyer between the time the police encounter you and you are charged with an offense.
Avoid the traffic stop.
You can be stopped for any visible mechanical defect on the automobile you are driving. A missing taillight can be the reason you are stopped by the police and eventually sent to prison. Look at your car at least once a week and check for any visible defects.
Just about every police car is equipped with a computer capable of accessing the MVA and checking the status of the automobile you are driving. There is no requirement that the police have a reason for checking your car by way of the computer so even if mere whim or suspicion is the motive of the police, you are the one who gets in trouble. The tags on the car must correspond to that car. The tags must be up to date with all fees paid and the proper registration stamp must on the license plate, which must be displayed on the rear of the car.
Any minor traffic offense is grounds for the police stopping your car. At certain times of night the police will stop you for exceeding the speed limit by only a few miles per hour. They really are not trying to catch a speeder, but are using the offense as a pretext to pull you over, look at your eyes and smell for alcohol. Even if the officer admits that the speed was a pretext (an admission heard by many lawyers outside the courtroom, but never from the witness stand) an officer’s motive for the stop is seldom grounds for an acquittal.
When driving, especially on the highway, try to stay out of the far left lane and remain in the middle of a group of at least three cars. Your chances of being stopped is reduced dramatically.
Pay attention to your driving. Do not use a cell phone or fiddle with the radio.
AVOIDING THE ARREST
Once you are pulled over by the police many things can happen, most of them bad. You might have a pleasant chat and be on your way. You could be arrested and taken to jail. Try to avoid the arrest.
The alcohol drinker and driver should never travel without a non alcoholic breath spray, air freshener, and sunglasses. If you are suspected of DUI, DWI, Drunk Driving the first thing the officer is hoping to sense is blood shot eyes and the odor of alcohol. Of course, wearing sunglasses after sunset is only going to make the officer more suspicious.
Be polite and cooperative, but only to a degree. Have your license and registration in your hand, out of your wallet or purse, and the window cracked enough to hand the paper work out. If the officer asks you to get out of your car ask why. If he tells you he suspects you of DUI, DWI, Drunk Driving and you have been drinking tell him you would like to speak to a lawyer first. Remember that only a few drinks of alcohol puts you over the legal limit in Maryland and most other jurisdictions.
Never consent to a search of your car. If the officer tells you it is in your best interests to consent to a search, that you will have to be detained until the officer gets a warrant, or any other reason, do not consent to a search of your car.
Never consent to a search of your person. Even if you think you have nothing to hide nothing good can come from giving the officer consent. Always remain polite, but maintain your legal rights.
Never admit to anything. If the officer asks you if you had a couple of beers do not answer. A positive comment of “I’m not a drunk driver” is sufficient answer.
If the officer is going to write you a ticket ask for a warning. If your driving record is clean, tell him to check it out on his computer. Start crying. If the officer gives you a break you have won your own case. If not then call an experienced trial lawyer. Dominic J. Fleming will give you a free consultation. Call him at 410-659-7661.
If the officer suspects you of DUI, DWI, Drunk Driving he will ask you to get out of your car to perform certain tests. You may refuse and you probably will be arrested and a refusal to submit to the test could result in an additional charge against you.
Before you submit to the tests you should be aware of what they are and whether you will be able to pass them. There are only three tests recognized by the National Highway Traffic Safety Administration (NHTSA), HGN, walk and turn, and the one leg stand.
HGN is the Horizontal gaze nystagmus test. HGN is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Nystagmus occurs when the eyes are rotated at high peripheral angles. Under the influence of alcohol nystagmus is exaggerated and may occur at lesser angles. The impaired person often will have difficulty tracking a moving object. The officer observes the eyes of the suspect as the suspect follows a slowly moving object. The examiner looks for three indicators of impairment in each eye: 1.if the eye cannot follow a moving object smoothly; 2. if jerking is distinct when the eye is at maximum deviation, and 3. if the angle of onset of jerking is within 45 degrees of center. If between the two eyes four or more clues appear there is a likelihood of impairment. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects.
There are over forty other causes of HGN which are not caused by anything illegal including eye strain, glaucoma, diet, some prescription drugs, and the flu. Your lawyer must be aware of all the possible causes of HGN.
The other two tests are the divided attention test of “walk and turn” and the “one leg stand”.
The “walk and turn” directs the suspect to take nine steps, heel-to-toe, along a straight line, turn on one foot and return in the same manner in the opposite direction.
The “one leg stand” directs the suspect to stand with one foot approximately 6 inches off the ground and count aloud for thirty seconds.
These tests must be done using very strict procedures, using a standardized manner, and only using standardized clues. The NHTSA has concluded that if any one of the elements is changed the validity of the results is compromised.
Practice the divided attention tests under optimum circumstances and hen after a few drinks. You may find you are unable to perform these tests in your own living room under optimum conditions. Other factors such as age, weight, and physical condition may be the cause of your inability to perform these tests.
If you know before the officer asks you to perform the tests that you will fail them there is no advantage to you to take the tests and only one disadvantage. That disadvantage is that if you are found guilty the sentencing judge may be tougher on you than someone who takes the tests. The advantage is case dismissed.
One plan that has been used successfully by a number of suspects is to inform the officer that you are unable to perform these tests because of your medical condition, but you will be happy to take a PBT or a breath test because you have not been drinking. The PBT is a mechanical device that some officers have that measure alcohol content of the breath, but it is not admissible in court.
You may be allowed to leave at this point. Case closed. No reason to call a lawyer. You may be taken to the police station to have an official breath test administered. Ask to speak to an attorney. Be polite.
There may come a point where you have to take the test or give a refusal. If you know you are going to fail there is one advantage to taking the test under certain circumstances. If you take the test and the result is 0.08 to less than 0.15 you are eligible for a restricted license which can be used for your job, school, or medical treatment. A refusal or a result of 0.15 or greater prevents you from getting a restricted license.
If you still want to try to beat the system agree to take the test. Pretend to blow into the tube. Not enough breath will register. You will be asked to take the test two more times. Pretend to blow into the machine, but do not. This will be noted as a refusal, but there is case law (Jose Borbon, v. Motor Vehicle Administration, 345 Md. 267) that holds that the inability to blow enough breath into the machine is not in and of itself enough evidence to sustain a finding of a refusal.
You may feel that you just want to admit your mistake and take the consequences. You are a first offender it can’t be that bad. Take the test. For a result of 0.15 or greater a 150 pound male generally speaking would have to consume 6-8 drinks in less than two hours. A drink is a 12 oz. beer, 6 oz. wine, or a mixed drink made with a 1.5oz. shot of 80 proof booze. A woman even weighing the same wold show the same reading as a male with fewer drinks.
Be sure to call an experienced lawyer to get you through this. First offenders do go to jail. True not that often, but it does happen. Dominic J. Fleming will give you a free consultation. Call him at 410-659-7661.