Month: July 2020
Be Careful of Speeding Tick Myths and Urban Legends!
Be Careful of Speeding Tick Myths and Urban Legends!
There are several speeding ticket myths and urban legends that continue to misguide many drivers. Many drivers have succumbed to these speeding ticket myths and mounted charges against them. The consequences can be disastrous financially.
There are legitimate ways of fighting and beating speeding tickets. But the speeding ticket myths below are NOT those ways. Don’t risk your defense by using one of these myths.
Don’t Fall for Any of These Speeding Ticket Myths and Urban Legends. Remember, these speeding ticket myths and urban legends do not work!
Myth #1: The Officer Made a Mistake; the Speeding Ticket Should Be Dismissed
“The officer made a mistake and didn’t write down the correct information. My ticket should be dismissed.”
This myth will not work because judges allow reasonable errors by officers. If the officer wrote that you drove a blue Honda and it was actually a red Honda, the judge will allow the error. After all, if it was clearly mistaken, how did you end up with the ticket? The judge will not dismiss your ticket based on a slight technicality like that.
Myth #2: Overpay the Speeding Ticket, Don’t Cash Out Refund, Off the Record
“If you overpay the speeding ticket the courts must refund you the balance. When you get the refund check, don’t cash it. This will leave the transaction incomplete and you will not have the speeding ticket on your record.”
This myth has circulated around the web, in email forwards, in forums, and in many other places. The truth is that this is simply not true. You cannot fight or beat a speeding ticket based on not cashing a refund check.
First of all, once a judge pronounces you guilty, the violation is entered into the records. The speeding ticket becomes a part your personal record and points are assessed.
Second, basic accounting can quickly show that this line of thinking is preposterous. If we try to follow the logic of this myth, it breaks down when compared to accounting principles. A commissioned refund check requires proof of transaction. A refund check is assessed when the transaction is already completed.
Think of it as a store refunding your purchase. You need a store receipt, proof of transaction, to receive a refund. So, in this case, whether you cash the refund check or not, since a check was issued the transaction is complete and the speeding ticket is on your record.
Myth #3: Have Police Association Stickers on the Car & Avoid Speeding Ticket
“If you have police association stickers on your car, the officer will know you’re a cop and not write you a ticket.”
Police officers have a fraternal bond as civil servants, but they also respect each other’s jobs and authority. Legitimate retired or active police officers will hand over a police ID. Only as a courtesy, the police officer will not issue a speeding ticket.
Using stickers will not help you and chances are, you are not the first person the officer has encountered that has tried this “trick”.
The only real “trick” is a solid legal defense.
Myth #4: Pull Tricks to Postpone Your Traffic Speeding Court Date
“You can postpone your speeding ticket court date to a day that the police officer is on vacation. If he doesn’t show up, the case is dismissed.”
Unless grace and favor are upon you, chances are you will not be lucky enough to postpone your speeding ticket trial date to a day that the officer is on vacation. And NO police department will give out the vacation schedule of their police officers! Chances are, if you request such information, you will raise their suspicions about you.
Also, if you postpone your traffic speeding ticket court trial to a day that the officer does not or cannot show up, the prosecutor can easily move the trial date to another time. After all, moving the court date worked for you so it certainly will work for them.
Once again, the best defense for fighting a speeding ticket is to have a solid legal defense.
This blog was posted by The Slade Law Firm – Traffic Ticket Attorney San Antonio