[DeTomaso] Speeding ticket check returned

[asajay at asajay.com]

We've seen testimony that the check thing -doesn't- actually work.   
They simply cash it for the amount you wrote, regardless if it was  
over or not.  Maybe it works in some cases, but you'll never know.

Best thing, plead innocent and take it to court.  However, be careful,  
many jurisdictions no longer require the citing officer to be in  
court, relying instead on the officers written testimony (usually  
written on the back of -their- copy) presented by a prosecuting  
attorney.  This means you won't get an automatic dismissal if they  
don't show up.

Always... always get a copy of the ticket from the courthouse -prior-  
to court.  You want to make sure you get all the officers testimony  
they wrote on their copy of the ticket.  This is stuff you -never- see  
because it's not on your copy.  Sometimes they write stuff that will  
nail you for certain but you won't know it; sometimes they screw up  
(they are human after all).  If you can't get a copy prior to your  
court date, ask for an extension because in most jurisdictions you are  
entitled to sufficient time for "discovery" which this would be part of.

Shelley got cited for running a red light once, which she didn't.  Her  
court date was set very quickly and she had no time to request the  
officers copy.  She met with the prosecuting attorney just before  
court convened, (no cop involved) and explained the situation by  
showing him the letter which outlined her rights.  The attorney  
resheduled her court date -and- assisted her in obtaining the officers  
copy of the ticket.  Once we had that, it was easy to build a case and  
she got it dismissed, all on her own, without hiring a lawyer.

But my point it two-fold:
- The officer may not have to show up in court anymore; you might not  
get an automatic dismissal if they don't show up.
- You really need to see what the officer wrote on their copy of the  
ticket, make sure you get both sides and all paperwork related to the  
ticket.

Do NOT rely on writing a check for a buck more.  It doesn't work.

Asa Jay

Quoting bill gaino <gaino at earthlink.net>:

> One of the tricks that I hear works is ... Make the money order out   
> for a dollar more than the fine. They send you a check back for the   
> dollar and you don't cash it. Your ticket never goes on your record   
> because it is sitting in file somwehere waiting for the dollar check  
>  to clear. The cop that gave you the ticket is sopossed to appear in  
>  court. If he is not there, don't let them reschedule. Ask for it to  
>  be dissmissed.   My dumb ass plead guilty to a charge and the   
> arresting officer was not even there.   I would tell the court that   
> they when they refused payment, they must drop charges.  Don't have   
> a fool for a client, get a lawyer. I think the most fun I had was   
> when a car came off the road and hit atree in my yard. I told the   
> cop I wanted a copy of the report so I could claim damage to the   
> tree. He said he did not consider a pine tree 'damage"  I spoke   
> right up and told him thats not his concern! His job is more than   
> writing speeding tickets, and seatbelt violations. make me a copy!    
> I got $400 from the insurance..Bill (there gonna get me) Gaino
>
> -----Original Message-----
>> From: asajay at asajay.com
>> Sent: Apr 8, 2009 4:56 PM
>> To: detomaso at realbig.com
>> Subject: Re: [DeTomaso] Speeding ticket check returned
>>
>> Maybe you should call your local media too.  After all, by sending the
>> check you admitted to the infraction and were doing your civic duty by
>> sending the check.  Focus on the fact they wouldn't cash the check, so
>> maybe you shouldn't get the ticket on your record.  Tons of different
>> ways to spin this.  Take advantage, live some, create new and
>> interesting stories.  :)
>>
>> Good Luck.
>> Asa Jay
>>
>> Quoting michaelsavga at gmail.com:
>>
>>> Just opened the mail and the check I reluctantly sent for a speeding
>>>  ticket was returned to me with a note. Turns out the judge to
>>> offense to "bogus speed trap" in the note section of the check.  Now
>>>  I'm pissed even  more,  looks like I'll be entertaining them when I
>>>  request a jury trial when I go to court on Wednesday now they can
>>> earn the money the hard way.  Michael in Savannah
>>> ------Original Message------
>>> From: Mark McWhinney
>>> Sender: detomaso-bounces at realbig.com
>>> To: asajay at asajay.com
>>> To: detomaso at realbig.com
>>> Sent: Apr 8, 2009 3:09 PM
>>> Subject: Re: [DeTomaso] Tinted Windows & Rat Rod Pantera's
>>>
>>>
>>>>> It's amazing how fast someone can get into trouble even if they never
>>> did anything wrong.
>>>
>>>
>>> Yeah, I have a wife too.
>>>
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