Beat Your Ticket: Go to Court & Win (5th edition) [Paperback]

David Brown Attorney (Author)

Book Description

Publication Date: September 27, 2007 | ISBN-10: 1413306985 | ISBN-13: 978-1413306989 | Edition: 5th

Everything you need to fight an unfair ticket! We've all received one: a traffic ticket that seems completely unfair, the result of an officer's evening quota rather than a serious moving violation. But do you have to pay the penalty and watch your driving record crash and burn? Not if you choose to fight back with Beat Your Ticket. Beat Your Ticket simply and clearly lays out the best strategies for beating tickets in court. The book explains in plain English how to use the law to fight an unwarranted ticket, find out what the police officer plans to say at your trial, attack radar and other detection methods, pick a jury, present your case and cross-examine the ticketing officer. The 5th edition is extensively updated to reflect your state's current traffic laws and court procedures. (20090101)

Editorial Reviews

Review

This is one of [our] consumer picks of the year, and a book every driver should own. (The Electric Review 20090101)

Covers... when to seek professional help, when to take the traffic-school option, how to research for court, and how to conduct yourself before the judge. (Mike Maza Dallas Morning News )

State and local governments are increasingly relying on traffic ticket revenue for daily operations. Beat Your Ticket gives responsible motorists the means to protect their rights. (James J. Baxter National Motorists Association )

About the Author

David Brown practices law in the Monterey, California area, where he has represented both landlords and tenants in hundreds of court cases -- most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law. Brown, a graduate of Stanford University (chemistry) and the University of Santa Clara Law School, also teaches law at the Monterey College of Law and is the author of Fight Your Ticket (CA version), Beat Your Ticket (the national version), The Landlord's Law Book, Vol. 1: Rights and Responsibilities; The Landlord's Law Book, Vol. 2: Evictions and co-author of How to Change Your Name in California and The Guardianship Book for California.

See all Editorial Reviews

Product Details

• Paperback: 272 pages
• Publisher: NOLO; 5th edition (September 27, 2007)
• Language: English
• ISBN-10: 1413306985
• ISBN-13: 978-1413306989
• Product Dimensions: 8.9 x 7 x 0.7 inches
• Shipping Weight: 15.2 ounces
• Average Customer Review: 4.0 out of 5 stars  See all reviews (6 customer reviews)
• Amazon Best Sellers Rank: #694,708 in Books (See Top 100 in Books)
  • #30 in Books > Law > Business > Insurance Law

Customer Reviews

Most Helpful Customer Reviews

9 of 9 people found the following review helpful:

5.0 out of 5 stars Great preparation, July 30, 2008

By 

G. Abbott (Austin, TX USA) - See all my reviews
(REAL NAME)   

This review is from: Beat Your Ticket: Go to Court & Win (5th edition) (Paperback)

I bought this book because I received a ticket for running a stop sign. Seems simple enough, except he went so far to conceal his location that he put himself in a bad position to see the intersection. After stewing for a few days, I decided to buy this book and determine if I was going to fight it. After reading the info, I decided to plead not guilty and meet with the prosecutor.

He mentions it in the book, and there were 10+ people in the courtroom today that didn't do it, which is make sure that you are prepared. A defense of "I didn't do it" isn't going to work. I broke my defense into 5 parts:

Obstacles - the officer couldn't clearly see the intersection because of bridge pillars which blocked part of his view.

Distance - the officer was over 200 yards (2 football fields) from the intersection where the alleged violation took place. Police have a tendency to really try to hide themselves from you, but in doing so may put themselves in a poor position (which you can bring up in court).

Traffic - the officer put that there was heavy traffic on the ticket. He was on the opposite side of the traffic when he observed me (which further obstructed his view).

Time - I got the ticket at 8 am and the officer was facing due East. This is the time of the morning where he is looking into the sun (he had his hand up in front of his eyes to block the light).

Driving Record - I printed out my driving record (which I had to request online) which shows that I have a clean driving history. This shows that I am a responsible driver and lends credibility to my testimony.

****Side note*****

Unless the lights on the cop car are on, they probably aren't recording video. The officer made it a point to tell me that his car was equipped with video and that I should know it if I chose to fight it. The judge told me today when I requested a copy of it that in most situations they are erased after 30 days (it was 45 days from the ticket to my arraignment).

All of these factors cast doubt on his ability to accurately see me traveling through the intersection, and I am using them to raise reasonable doubt. Hand signs and noises don't convince the prosecutor that you are innocent (I saw a bunch of people doing it today). The prosecutor told every other person there fighting their ticket to take defensive driving (or that they would have to present their testimony at trial), he told me I had a good case and to take it to trial. He said that he doesn't care if I was guilty or not, he only cares about what he can prove (at this point it is very little). Once he verifies the officers vantage point, we should be able to put this to bed.

I am not off the hook yet, but I recommend this book as a good starting place. Buy it and read it, it will help you decide if it is worth fighting.

7 of 7 people found the following review helpful:

5.0 out of 5 stars Great book, Best way to get direction..., October 16, 2007

By 

Trama - See all my reviews

This review is from: Beat Your Ticket: Go to Court & Win (5th edition) (Paperback)

Used this book to get a sense of how to fight my ticket. While the book did not specifically cover my citation (HOV), it did give me some direction on how to approach it and the best way to go about it. It is an excellent way to start and most beneficial for those who have minor violations dealing with stop signs, lane changes and speeding. I highly recommend it.

I took my case to court and won!

12 of 16 people found the following review helpful:

1.0 out of 5 stars Fascinating Read, Well-Written - Probably Useless, November 13, 2009

By 

J. C. LEONARD "JC Leonard" (Florida USA) - See all my reviews
(REAL NAME)   

Amazon Verified Purchase

This review is from: Beat Your Ticket: Go to Court & Win (5th edition) (Paperback)

I have had two tickets in my life - one in 1984 and one in 2009. In 1984, I knew that I was speeding and the officer showed me the radar evidence and I politely paid my tab and went on with my life. In 2009, I knew for certain that I was not speeding, and at the roadside chat with the officer, he admitted that his radar showed this, but said that he observed me slow down (from over 4/10 of a mile away as I headed directly at him!). Based on this, I figured I had a reasonable chance to fight the citation, but wanted to research the matter further before deciding to take a day off work to sit in traffic court. I should also note that, if I had been guilty, I would have simply paid the fine and moved on.

After reviewing lots of web sites and book excerpts, I settled on "Beat Your Ticket: Go to Court & Win" because it was written by an attorney with practical experience and because the excerpts illustrated a well-reasoned approach to legal theory regarding traffic citations. I bought the book, which arrived exactly when Amazon promised (what else would you expect?) and read it cover-to-cover, taking notes along the way. I followed all the advice that was pertinent to my particular situation, formulated a strategy, made stunning diagrams with photos, satellite views of the area and included certified affidavits from witnesses. I felt that the teachings in the book were solid and that I had a fabulous chance of casting reasonable doubt on the officer's assertions about what he alleged, which would result in a dismissal, or at the very least, a reduction of the spurious charge.

So, where did it all go wrong? Firstly, traffic citations, while designed as a deterrent to reckless behavior, are primarily a source of revenue for the various municipalities in a given jurisdiction. In my case, this was made very clear by the language in the options on the back of my citation which heavily suggested that just paying the fine and sitting through a 4 hour class (another source of revenue) would be my most attractive option. While the option to show up in court and contest the charge was listed, it clearly announced that I would face what amounted to a doubling of the fine and the awarding of "points" which may have the impact of tripling my insurance rate for the next x-number of years--lovely stuff really.

On the day of the civil hearing, the Judge started the morning out by strongly reiterating what the back of the citation said and encouraging anyone who still had the audacity to act on the notion that we are innocent until proven guilty to take him up an a final offer to pay the fine and move on with their lives. Armed with the courage that I had a lot of facts that would cast reasonable doubt, as suggested and cultivated in this book, I declined this offer. I was, after all innocent, and the municipality had to prove beyond a reasonable doubt that I was guilty.

The judge expressed his impartiality to the group, and then dismissed three or four of the first cases because the officer in question was not present. I on the other hand, could plainly seem my guy sitting over in the jury box with all the other patrolmen. My case was called, the complaint summarized by my patrolman and I had my chance to tell my side of the story. I presented my diagrams, the judge seemed interested, but the patrolman denied everything he had said to me in person, as well as introduce some other "facts" that "proved" I was guilty. After hearing this, the judge pointed out that the officer's credibility was unquestionable, and that I was guilty, and offered a brief seminar to me on how silly I was to argue against the point--"The esteemed officer said your were speeding, and that is enough for me." He imposed the same fee listed on the citation, with the addition of court costs, the 4 hour sermon on "Why I am a scumbag for speeding" and sent me on my way, a bit poorer and with one less day of vacation time.

My advice is, if you have been issued a citation for a minor traffic violation, whether you are guilty or not, pay the fine. Depending on your jurisdiction, you may get a fair shake, but I would think long and hard before taking the gamble. In the jurisdiction in which I was cited, they demonstrate a heavy bias against anyone with the sheer nerve to contest presumed guilt. Hey, I know I did nothing wrong, the universe knows it, but the system of writing tickets to generate much-needed revenue does not care. If you have been cited for a more serious offense, like driving while impaired, go ahead and buy the book so that you will know what your attorney (you definitely should hire) is going to tell you and so you will know what to expect. I have rated the book, not on its technical execution, but on the failure to deliver on its promise of going to court and beating a ticket. Could you? Sure. Will you? Probably not.