We have recieved numerous reports that
possession of this guide during traffic stops has helped many motorists
to recieve warnings instead of citations.
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SAFETY
FIRST: What to do when you SEE & HEAR the police behind
you |
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| 1. |
PULL
OVER TO RIGHT WHEN SAFE |
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(if
you intend to continue driving to a well-lit area where you
would feel safer, signal your intention to do so in any way
possible--turn signal, hazard lights, slowing down, etc. Be
aware that some officers may construe this as "flight", so don't
push your luck by driving too far. Also, follow all subsequent
safety instructions to the letter to relieve any suspicion the
officer may have. If the officer is unreasonably belligerent
about your failure to stop immediately, mention your fear for
your personal safety and the name "Craig
Peyer". This tends to take the steam out of them. Be aware
that failure to stop immediately will probably increase your
odds of getting a citation; this is a small price to pay for
safety. |
| 2. |
TURN
OFF YOUR ENGINE / PUT IGNITION KEY ON DASH |
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(an
obvious step that many forget.) You're not in a "drive-thru."
Officers do not feel safe approaching a car that might back
over them or take off. By increasing the officer's sense of
personal safety and decreasing his stress level as soon as possible,
your chances of not being cited improve. |
| 3. |
STAY
IN YOUR VEHICLE!! |
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Exiting
your vehicle without being asked by police will
probably be taken as a threat. Allow the officer to
approach you and thereby maintain control of the situation. |
| 4. |
Keep
your hands in plain view, on the steering wheel. DO
NOT root around in car for license, registration, or
anything else. (Once again, giving the officer no cause for
suspicion or undue stress will decrease your odds of citation) |
| 5. |
Turn
on interior lights (night time only) |
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(this increases your visibility to the officer which decreases
his stress.) |
| 6. |
Roll
down your window slightly and wait for officer to approach.
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Do
not be surprised if officer approaches on right (passenger)
side of car--they often do this to avoid being hit by passing
traffic. |
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SAFETY SECOND--What to do when the officer approaches
your vehicle |
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At
this point, your engine better be off, your keys are on the
dash, your hands are on the steering wheel |
| 1. |
Officer
asks for driver's license, registration and proof of insurance. |
| If
paperwork is in glovebox or "stashed" elsewhere in car, tell
the officer where and ask permission to get
them. |
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Retrieve
documents AFTER given permission. This will
decrease the officer's stress by allowing him to fully control
the situation, that is, he'll be less likely to expect you to
produce a weapon from the glovebox. You can avoid this by keeping
a copy of your registration in your visor, with this guide. |
| 2. |
BE
POLITE |
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Regardless
of what happens from here on out, treat the officer with courtesy
and respect. Being rude, demeaning, or insolent should guarantee
you a ticket. Save your problems with authority figures
for your next visit home. |
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CHP
officers can be referred to as "trooper", members of the Sheriff
Department are "deputies", all other police should be referred
to as "officer" unless you recognize a rank nametag or insignia
(Sergeant, etc.) in which case you may address the officer by
his rank. |
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Never
ask: "What's the trouble?" This sounds hostile and your going
to find out soon anyway. |
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THIRD--AVOIDING
CITATIONS |
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NOTE:
EVERY QUESTION ASKED BY THE OFFICER HAS A PURPOSE--HE IS COLLECTING
EVIDENCE AGAINST YOU--HE IS TRYING TO GET YOU TO ADMIT GUILT
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In
over half of all traffic stops you, the motorist, provide all
the evidence the officer will need to get a conviction by admitting
your guilt. The officer will definitely take note of your admission
of guilt in case you try to fight the ticket in court. |
| QUESTIONS
YOU MIGHT BE ASKED BY THE POLICE: |
| 1. |
"DO
YOU KNOW WHY I STOPPED YOU?" |
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Analysis:
An open-ended question designed to trap the intimidated, confused,
stoned, drunk and insane. |
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BAD
ANSWERS: "Because of all the drugs and guns in the
trunk?" (Someone actually gave this answer on an episode of
Cops.) "Because of the blood all over the back seat?" "Because
I was SPEEDING, SWERVING, DRAG RACING,...etc.?" |
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BETTER
ANSWER: "I don't know officer. Why did you
stop me?" |
| 2. |
"DO
YOU STILL LIVE AT THIS ADDRESS?" (officer, while looking
at your license) |
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Analysis:
An "innocent" question which will cost you at least a $10 fix-it
ticket (with a $25 "administrative fee") if you get it wrong;
also, it gives the officer an easy excuse to start writing your
ticket. According to VC 14600a, you have 10 days to notify the
DMV of a change of address, for which they will issue you a
paper document which you must present with your license when
stopped. Failure to notify the DMV within 10 days is a citable
offense. |
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BAD
ANSWERS: "Dude, I haven't lived at that address since
the DEA busted up the meth lab--about 2 years ago." |
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BETTER
ANSWER: "Yes officer, that is my current address."
or "No officer, I moved two days ago to the following address...."
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| 3. |
DO
YOU KNOW HOW FAST YOU WERE GOING? (OR ONE OF ITS INDIRECT VARIANTS:
WHAT'S THE HURRY? OR DO YOU KNOW THE SPEED LIMIT HERE?) |
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Analysis:
Again, this type of question is trying to make you admit to
breaking the Prima Facie (VC 23352) or Maximum (VC 22349) Speed
Law by stating a specific number (which the officer will record
as evidence) or otherwise admitting to speeding. |
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BAD
ANSWERS: "75." "85." "95." "About your I.Q." "Who knows, the
signs blur out when I pass 100." |
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BETTER
ANSWER: Yes. I was going a SAFE AND REASONABLE speed for conditions
in accordance with the BASIC SPEED LAW (VC 22350). |
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STAGE
FOUR--ASK, DON'T BEG, FOR A WARNING |
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THE
OFFICER STATES THAT YOU HAVE BROKEN SOME LAW BUT HAS NOT YET
WRITTEN A TICKET---ASK FOR A WARNING (approximately 1 of 4 CHP
traffic stops last year ended in a Warning, yet officers will
seldom ask if you want one--this is your job!) A safe and courteous
traffic stop on your part will vastly improve your odds here.
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EXAMPLE:
(SPEEDING VIOLATION) : "Well Officer, though you may think I
was going a bit over the posted limit, I always drive safely
and I know my speed was SAFE & REASONABLE for conditions---would
you please give me a WARNING as a reminder? |
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EXAMPLE:
(other violations) : "I'm always a safe driver officer, and
now that I see that sign (or understand this law) I'll certainly
never violate it. Would you please give me a warning as a reminder?" |
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STAGE
FIVE--IT'S LOOKING BAD--HE WANTS TO WRITE IT |
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| 1. |
EXCUSE
TIME--NEVER BE AFRAID TO GIVE AN HONEST & LEGITIMATE
EXCUSE AS TO WHY YOU MAY HAVE BEEN DISTRACTED AND INADVERTENTLY
VIOLATED THE LAW |
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(I
have a friend who was cited for speeding while taking his pregnant
(in labor) wife to the hospital. Sound absurd? What's really
absurd is that he did not inform the officer of his situation,
feeling that it was a "private" matter. Remember though, even
an ambulance can not legally drive more than 15 mph over the
posted limit. Other "legitimate" excuses for distraction: trying
to control children or pets, adjusting child seat, arguing with
spouse..etc. Being "in a hurry" for non-emergency reasons is
never a good excuse. REMEMBER THAT ANY "EXCUSE" MIGHT BE USED
AGAINST YOU IN COURT AS AN IMPLIED ADMISSION OF GUILT.) |
| 2. |
QUESTIONING
THE EVIDENCE: WITH A BASIC KNOWLEDGE OF THE VEHICLE
CODE YOU CAN POLITELY ASK THE OFFICER QUESTIONS WHICH MAY PROVE
HIS EVIDENCE ILLEGAL IN ITSELF AND UNUSABLE IN COURT. |
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QUESTIONS
YOU CAN ASK THE POLICE: |
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(SPEEDING):
Motorist: "Officer, how did you determine my speed?"
Officer: "I paced you."
Motorist reply: "Fine. When was your speedometer last calibrated?
May I see proof of calibration?" |
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OR |
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Officer:
"I used radar."(MOST TICKETS OFF FREEWAY ARE RADAR)
Motorist: "Fine. May I see your tuning fork and calibration
record?"(Many radars are calibrated with a tuning fork.)
Officer: "Here they are." (Note: officer not legally required
to show you the radar reading itself, but feel free to ask.) |
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OR |
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Motorist:
"When was the required TRAFFIC AND ENGINEERING SURVEY last conducted
on this road? Was it conducted within the last seven years?
If so, what did it determine the SAFE SPEED on this road to
be?
Officer: "I don't know any of that?"
Motorist: " Then can I assume this is a SPEED TRAP by definition
of VC 40802 and that your "evidence" is illegal by VC40803?" |
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If
the last question seemed a bit too complex, try this:
Motorist: "Officer, how long have you guys had this Speed Trap
set up?"
Officer: "'Bout half an hour."(though any answer not categorically
denying that he is conducting a Speed Trap might work.)
Motorist: Thanks for that information, officer. Are you aware
that Speed Traps (VC 40802) and Speed Trap Evidence (VC 40803)
are illegal?"
Officer: "You got me there. You're free to go." (Yes, this might
occur.) |
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(other
citations): Ask him about his ticket "quota" indirectly:
Motorist: "Officer, are you permitted to give me a warning or
are you required to only write citations today?
Officer: "They sent me here to write tickets, not to give warnings."
Motorist: "I thought you were here to promote traffic safety;
what you described sounds like a quota." (quota's are illegal:
VC 41602)
(Officers can always write a warning for a 1 point infraction,
so if he tells you he can't, he's indirectly admitting to some
sort of directed quota.) |
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STAGE
SIX--ONE LAST CHANCE BEFORE HE WRITES CITATION |
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PLACE
TO APPEAR (VC 40502b): "Upon demand" cited person may have his
ticket adjudicated (tried) at the county seat of the county
he is cited in if the county seat court is closer to his home
or work than the court closest to his place of "arrest". For
example, if you are stopped in either North County, South Bay,
Escondido, or El Cajon judicial districts, demand that your
case be heard at the county seat court, San Diego Superior Court
in Clairmont, as is your right in accordance with VC 40502b
before the officer writes your ticket. Most officers serving
in these outlying districts do not like to travel all the way
to Clairemont and will often write you a warning when you demand
this right. |
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IF
OFFICER REFUSES: Write on the signature line of citation: "I
demand my legal right to appear at county seat (VC 40502b)."
Then sign and smile at the officer. This will enable you to
prove, in court, that you did demand to appear at the county
seat court, at the traffic stop, and thereby guarantee your
right to appear at the county seat. |
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STAGE
LAST--CITATION WRITTEN, SEE YOU IN COURT |
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If
you read and understood this guide and rigorously followed its
advice, you should never get here. But perhaps you didn't have
this guide with you. Or maybe guilt overcame you and you confessed
to the officer in tears and helped him write your ticket. Or
perhaps your ticket arrived in the mail, taken by a sneaky red
light camera. All hope is not lost. |
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Here
are your options for contesting your ticket. |
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Hire
a lawyer
You could hire a lawyer to defend you, but at $200 per hour,
this is usually not cost effective. Few California lawyers study
the vehicle code since almost nobody is willing to pay standard
lawyers fees to defend them against a traffic ticket. |
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Appear
in court
Appear in court to plead "not guilty" and then appear again
on your trial date to point out a police officer's incompetence
before an impatient judge in a crowded room. Not only will you
have to endure public speaking in front of an unfriendly, judgemental
crowd, you also miss two days pay (which is probably more than
your total fine). |
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Option
three: the best option
Contest your citation by completing a Written Not Guilty Plea
and Trial by Written Declaration. You stand a decent chance
of winning and you will be able to fight your ticket without
any court appearances. Devise your plan of attack here:
http://www.ticketassassin.com/fight.html. |
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| If
you lose your case, request traffic school from the judge to
keep your DMV record clean (and your insurance rates reasonable).
Here is some advice on traffic
school from the Ticket Assassin. |
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