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Fighting and Beating a Speeding Ticket in Spokane Washington
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Fighting and Beating Speeding Tickets
The video, “Fighting and Beating Speeding Tickets”, is about the things an average driver should know regarding speeding tickets - the defenses against it and also its legalities. Héctor Quiroga of Quiroga Law Office gives legal advice on the matter.
In the introduction, it has been established that the information in the said video is NOT applicable to the following scenarios:
If your situation belongs to any one of the above, it is NOT GUARANTEED that the tips in the video will help you in any way.
A speeding infraction can increase your insurance rates. It is best to know how to beat a speeding ticket to save you from additional expenses. When you follow the tips in this material, YOU HAVE NOTHING TO LOSE AND EVERYTHING TO GAIN.
Basically, you will learn about the following topics:
Héctor Quiroga walks you through the entire process. He even drops some tips that only the professionals in the said field know. You will always be one step ahead.
The Stop and the Ticket
You will be STOPPED by a police officer when he “sees” you commit an infraction. In the video, you will be taught how to proceed after being stopped. You will less likely be cited for misbehavior and might even be able to beat the speeding ticket if you behave as advised. One of the many tips Héctor Quiroga shared is that you have to place both hands on the steering wheel as the officer approaches you. The officer will feel secured if he is able to see both your hands.
The legalities of the “stop” are also discussed. You can be stopped if there is probable cause of a crime, or if there is reasonable suspicion that a crime/violation is about to occur. Remember that this first contact with the officer might be the deciding factor if ever your case goes to court.
Héctor Quiroga explains that a ticket is merely an appointment. When given a ticket, you only have to go to court and explain. It does not mean that when you are given a ticket, you have to pay such and such amount of money. Also, signing a ticket is not an acceptance of guilt, so do not make a big deal about it. Proper decorum should be observed at all times.
There is also another reason why you should not make a scene when signing a speeding ticket. Héctor Quiroga explains this matter in full detail in the video.
Once you get a ticket you will have the following options:
In the latter, you can ask the judge to consider your particular case. The following are examples of issues you can raise to the judge:
By checking this box, you understand that you cannot argue that you did not do it. You also cannot argue officer misconduct. If you check this box, you will receive notice of your hearing date.
The latter is preferred because you get to save 20% from your citation.
The discussion from here on focuses on this third option.
You will have to show up to the Spokane County Court House or the Spokane Valley Court House to have your case heard. You will be in attendance with 20 or so people who were also cited around the same date you were cited.
The prosecutor will come out and explain the process to you. You can do either of the following:
BUT, you must accept responsibility, that is, accept responsibility for a lesser offense. By doing so, you can have a deal with a prosecutor, so you do not have to bring your case to a judge. If you are not sure whether you did it or not, dealing with the prosecutor is better than presenting your case to the judge.
Now, if you DO NOT WANT TO ACCEPT RESPONSIBILITY, you will have to present your case to a judge. The judge will DECIDE on the matter and then SET what you must pay or what you must do. He will not offer these types of deals, rather he would SET them. But you can also ask the judge for a reduction in the fines in the event you are found guilty of the infraction.
The Prosecutor’s Case
Since we are dealing with a civil violation then the standard is the MORE LIKELY THAN NOT standard. This means that you have to convince the judge that you MORE LIKELY DID NOT commit the offense. At least 51% evidence to prove your innocence is required. This is a civil case standard. If you are unable to do so, then you can at least tide the evidence at 50% - the “maybe you didn’t do it, maybe you did” scenario.
The prosecutor does not have to have a witness against you. The AFFIDAVIT (written by the officer who gave you a citation) at the back of your ticket is enough to support a finding. The officer’s attendance is no longer necessary as his affidavit is already sufficient. Therefore the ticket is evidence against you, and may tip the scale in favor of the prosecutor.
What you have to do here is that you have to request the presence of the officer (and the court has to approve your request). With the officer in attendance, you can have the testimony against you examined. Héctor Quiroga enumerates in the video the ways you can request the presence of that officer in court.
Oftentimes, the officer will not show up. This is because officers have quotas to meet. Your hearing could take 2 hours, and they would rather give tickets to 2-3 other persons at that time instead of disputing over your ticket. If indeed the officer does not show up, even when properly subpoenaed, you can ask to have your case DISMISSED. It is your legal right to have the testimony against you cross-examined.
How about if the officer does show up? Well, this often happens if you have been difficult to the officer when he was giving you a ticket. He will remember your name and will most likely show up in court to “get” you. Therefore, proper decorum should be observed at all times.
If the officer does show up, you can ask to speak with the prosecutor and see if you can still strike a deal. But most of the time, if the officer is in attendance, the prosecutor will simply give you the fine. Remember that this is the same position you would be in had you simply paid. It may have not ended the way you wanted it, but you really have nothing to lose.
Final Tips and Conclusion
To summarize, do remember the following:
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