Fight Your Ticket... and Win! (Fight Your Ticket & Win in California) [Paperback]

David Wayne Brown (Author), David M. Olenczuk (Author)

Book Description

Publication Date: August 1997 | Series: Fight Your Ticket & Win in California

A traffic conviction can increase your annual auto insurance premiums by hundreds of dollars. FIGHT YOUR TICKET shows how to handle a case in traffic court and win. This updated seventh edition also covers the new law requiring Californians to have proof of insurance and explains new "hidden" speed limits on roads that have a 55mph limit but no posted signs.

Editorial Reviews

Review

"A surprisingly easy read the book is a top-notch primer." (Autoweek 20080202)

"Learn how to challenge speeding tickets, how to determine if a ticket is beatable before going to court, how to assemble evidence and present a case, and how to appeal a conviction." (Bookwatch 20090101)

"A clear, thick and comprehensive manual to help the Californian beat what he or she perceives as a bum traffic rap." (Sacramento Bee 20090101)

A surprisingly easy read... the book is a top-notch primer. (Autoweek 20090101)

Learn how to challenge speeding tickets, how to determine if a ticket is beatable before going to court, how to assemble evidence and present a case, and how to appeal a conviction. (Bookwatch 20090101)

Can be a proverbial sling to help David fell Goliath. (Monterey Herald 20090101)

A clear, thick and comprehensive manual to help the Californian beat what he or she perceives as a bum traffic rap. (Sacramento Bee 20090101)

A book every driver should own. (The Electric Review )

Packed with practical information... every driver should keep a copy of it... (Agatha Hoff Traffic Court Referee )

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.

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Product Details

• Paperback: 320 pages
• Publisher: Nolo; 7th California edition (August 1997)
• Language: English
• ISBN-10: 087337391X
• ISBN-13: 978-0873373913
• Product Dimensions: 10.8 x 8.3 x 0.9 inches
• Shipping Weight: 1.6 pounds
• Average Customer Review: 4.3 out of 5 stars  See all reviews (54 customer reviews)
• Amazon Best Sellers Rank: #2,869,011 in Books (See Top 100 in Books)

Customer Reviews

Most Helpful Customer Reviews

30 of 30 people found the following review helpful:

5.0 out of 5 stars My case was dismissed, April 1, 2003

By 

Madelyn (Seattle, WA) - See all my reviews

Amazon Verified Purchase

This review is from: Fight Your Ticket in California (9th California Edition) (Paperback)

I used this book fighting my speeding ticket when the officer used radar. I can't speak for how the book's methods would perform with other kinds of infractions.

The book teaches you how to use the process of informal discovery properly to get the information the officer will bring against you in court. IF he decides to show up for your case, chances are he won't have done all the work he would need to do to prepare for your case. More than likely he won't come, or as in my case he just didn't respond to my informal discovery request which is against the law for him to do, therefore the case was dropped. It teaches you how to document your case well, and to effectively make a lot of work for the officer to do BEFORE he even reaches court.

You should know however that fighting a ticket is time consuming. I spent a total of 10 hours (over the course of several weeks) sending letters, and writing my motion to the judge. The book tells you what and how to do every step all along the way.

The bottom line is that my ticket was dismissed and I got my money back. More importantly my insurance didn't go up. I actually used the "trial by written declaration" option. I did this because if you are found guilty you can always show up in person for a re-trial.

Buy this book if you are fighting a California ticket, and if spending the time fighting it is worth it for you.

21 of 21 people found the following review helpful:

4.0 out of 5 stars A must have if you're going to fight your ticket., February 11, 2004

By 

Kevin Withers (Carlsbad, CA USA) - See all my reviews
(REAL NAME)   

This review is from: Fight Your Ticket in California (9th California Edition) (Paperback)

Since this book was written by an attorney and not a police officer, it's strong on the courtroom end but somewhat weak on the traffic violation end of things. Because of that, I recommend getting this book AND Richard Wallace's "An Educated Guide to Speeding Tickets." Brown's and Wallace's books compliment each other - what one lacks, the other one has.

Wallace's book goes into more detail on the different methods police use for judging your speed; what to say and what not to say when you're pulled over; different radar faults such as shadowing, bumping, and batching; and what a "tracking history" is. This is great stuff for planning a defense strategy in court.

However, Wallace's book falters when it comes to legal details, and this is where Brown's "Fight Your Ticket in California" shines. It tells you about the forms you should use before going to court, like the "Informal Discovery Request" which allows you to request a copy of the officer's notes along with an engineering and traffic survey. Failure of the city to provide these documents (which is what usually happens) can result in dismissal of your case - something not even mentioned in Wallace's book. There is also a ton of advice on what to say in court, and when to say it.

I just beat my radar speeding ticket in court today because the arresting officer failed to show up - even though I saw him in the parking lot just fifteen minutes before our court session started! Based on what I learned reading Wallace's book, I realized that the officer had a weak case. And because I sent an "Informal Discovery Request" to the city police department, the city attorney, and the district attorney as recommended in Brown's book, I believe that the officer realized that he would be up against someone who knew what he was doing, and thus he chose not to appear.

Get this book, and Brown's book, spend a lot of time studying them and planning your defense, and you'll have a good chance of beating your ticket in court.

14 of 14 people found the following review helpful:

4.0 out of 5 stars Good Book, but Stay Realistic About your Chances, February 15, 2002

By 

"microtherion" (Sim City, CA (Somewhere in the Bay Area)) - See all my reviews

This review is from: Fight Your Ticket...and Win! (Fight Your Ticket & Win in California) (Paperback)

This book gives an excellent overview of the law and of the procedures that apply in traffic cases. It gives a pretty good assessment of what your chances are in each situation and advises you in your legal strategy. However, I recommend that you also attend a session of traffic court to see the system in operation for yourself. Doing that, I noticed that:

1) Not all officers showed up, but those that did were very well prepared and articulate.
2) Expect both the officer and the judge to know this book as well or better as you do.
3) The judge was willing to give some leeway on the fine amounts, but none on questions of guilt.
4) Even if you win, you'll probably have spent a lot more time fighting your case than you saved with speeding in the first place.

This does not detract from the fact that this is a very useful book. Recommended.