Q & A ON TRANSPORTATION/
TRAFFIC LAW
Q: If I a person is stopped by a law enforcement officer, what is the most important thing he/she must do, first?
A: Don't fail the attitude test. Be polite and cooperative. Present their license, registration and insurance information promptly. Unless an individual already has their license in hand, they should tell the officer that they are going to retrieve the driver's license (i.e. - from a wallet or purse). Also, the officer should be informed as to where the registration, insurance, and log book (for commercial operators) is kept. If a driver starts reaching here and there without informing the officer, he/she may feel threatened and might reach for his firearm!! Keep in mind, officers are always concerned about their safety, first and foremost.
Q: Should someone be "cooperative" and try to explain away their driving?
A: Absolutely not! They should exercise their right to remain silent. Let the officer do all the talking. This is no time to plead a case. That is what a court of law is designed for. Say nothing directly or indirectly about your driving. Listen attentively to what the officer has to say. Most citations do not come with police or incident reports. This is your opportunity to get ready to win your case in court; or mitigate the results. By the way, NEVER mention to the officer that you are planning to fight your citation in court. Remember, forewarned is forearmed!
Q: Can I use my own notes in a Court Trial?
A: Yes, that is why an individual needs to write down as many facts as they recall, immediately following the receipt of the citation. One's memory will be the best at that time. By law, a person is allowed to use their own notes to refresh their memory in court. They need to simply ask the presiding judge for permission to do so. IMPORTANT, an individual should not write down anything they do not want the officer to read. The judge may order them to share those notes!! The more factual and detailed the better. If you hire an attorney to represent you, then you should make sure your attorney is given a copy of all notes and evidence you have gathered.
Q: What types of tips and tactics would you suggest I utilize if I choose to represent myself and conduct my own Court Trial?
A: When you ask the officer questions during your court trial, you should test his knowledge and memory of the events surrounding your traffic stop. For example, you may ask him what he remembers you were wearing that day, or what type of special decor was on your vehicle. Try to focus on as many minor and major details surrounding the traffic stop as you have noted prior to your trial proceeding. Ask about relevant areas such as locations, distances, conversations, unusual weather conditions, and the officer's own actions during the traffic stop (especially if they were out of the ordinary). Your notes should contain anything legitimate that will test the officer's memory and credibility: Your goal is to raise as much reasonable doubt as possible. If you are able to successfully accomplish this, the chances are good that the Judge will rule that your are NOT GUILTY, and your traffic citation will be dismissed!
Q: By law, does one have to prove their innocence?
A: NO!! A person is presumed innocent, unless and until, they are proven guilty. Even in traffic court, the prosecution (law enforcement officer) has the burden of proving guilt beyond a reasonable doubt. Therefore, one should be prepared to knit pick, toward creating reasonable doubt. Photos and diagrams are optional. When a person receives their citation, they should review it and then sign. Again, it is not advised to start commenting about or questioning the contents - save that for the courtroom. By the way, thank the officer, but do not say "See you in Court."
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