The Tipmra

The Tipmra is Trial by Ambush.  You challenge the evidence by making essential to the prosecution something they should have, but can not produce in court at your trial.  You catch the prosecution unprepared.  Unethical yes, illegal NO, but fatal to the prosecutions case against you.”


Congratulations you have made the choice to fight that ticket and win.

First some information on these pages:

Good Luck, Now go for it tiger. You have at your fingertips the best defenses known. Trial tested and court proven. The material here is far beyond anything imaginable and available at any other site. No site, No book has as much material as here and None have the strategies that are proven to work consistently.


I assume you have checked the ticket, the car described is your car, it is the correct color and the ticket is yours. There are no obvious mistakes that make the infraction invalid (misspelling your name or an incorrect address does not invalidate the infraction, the officer will identify you as the person he ticketed.) Review FATAL FLAWS (hint, this is a link, this is what links will look like. this one takes you back to the main Tipmra web site. Remember to click on the Previous Page tab to return here.)

Some basics: 

            The Tipmra Defense is designed to make the evidence against you inadmissible or unreliable:

            Do not, repeat, Do not try to prove that you are innocent:

            The only reason for the trial is to hear the evidence and convict you: Make the evidence inadmissible or show reasonable doubt and you will win.

The evidence:

Quick overview:

This is a quickie, for you to get the idea. Take the first situation. The cop paced you with his car. He has given his testimony and now it is your turn to ask him questions. You ask him is to present documentation from a recognized speedometer shop as to the last time the speedometer in the car he used that day was calibrated.

Surprise, he can’t. Few police forces calibrate their speedometers. If a police force does, chances are the officer does not have the documents with him. No, they can’t go and get them to try you some other day.  The trial is now and if the prosecution was unprepared, too bad.  The prosecution rested its case when they handed the witness over to you.  The evidence presented now has a fatal flaw. That is why you don't seek this in Discovery or Subpoena anything. That certificate goes to foundation of the Prosecutions evidence. It is there job to bring it and be prepared just in case you ask for it. Chances are that it des not even exist, but if it does by requesting it before trial alerts them to what you are up to. Then if they have it they will bring it. You don't want that. The exception is the CFR Defense.

            You immediately ask for the case to be dismissed. Case dismissed.

You did not prove anything; you simply asked for documentation that the prosecution was unable to present. By asking for it, it became an essential eliminate of the prosecutions case against you. Do not attempt to prove that the officer did not read his speedometer correctly. You simply took away their assertion that the speedometer was accurate to a legal degree of certainty. You cast doubt as to the accuracy of the speedometer.

The Judge knows that the speedometer, even though not 100% accurate was at least close. Close counts in Horseshoes, Atom Bombs and hand grenades. The Judge knows you were going fast. However the charge is an exact figure based on readings from a device that the prosecution can no longer prove to be accurate to a legal degree of certainty.)

Fines are based on an exact figure. For instance, 11 to 15 MPH over the limit $75, 16 to 20, $125.  If you open you mouth and say “I was not going that fast”, you opened the door to a change in the charge. The court can assume by your own words that you were going over the speed limit.  The court can now find you guilty of speeding and impose a fine without a definite speed. The charge can and will be changed to an arbitrary figure. You opened the door to a change of charge, you admitted to a crime.

Some basics you should know:

When the prosecution has finished questioning their witness, the prosecution rests. You have the right to cross-examine the witness, but only as to the testimony the witness gave. That is, you cannot ask questions about something not covered in the direct testimony. The Prosecutor then has the right to question the witness again after you are finished, but only as to items covered in either the examination or your cross examination. After the prosecutor is done with his re-direct, you can re-cross examine the witness. It seldom gets to this point.

Best evidence rule, basically if an original is available and it exists, it must be used. In the event the original does not exist a photocopy may be used provided that there is certification that the photocopy is a true copy of the original. Remember this, if someone tries to introduce a photocopy. Ask for the original and object to a photocopy.   A Lesson in Documentation Rules

Case Law. Applied law is based on case law. This is where someone takes a case all the way to the State, Provincial or Federal Supreme Court and a ruling is made. In most States and Provinces there is case law regarding radar and the use of pace cars. In every situation the ruling is that whatever means or device is used to determine your speed, the device must be accurate and functioning correctly. Calibration is recognized as being essential to proving that a measuring device is accurate. If the calibration of a device is not challenged, it is presumed to be accurate and functioning properly.

Challenging something: If you don't object to something or challenge something the court assumes that you agree with it. You can challenge something by objecting to it or asking questions in cross examination.

CALIBRATION:

Calibration Log - Device Log: The radar gun, Laser Gun or other device should have a log, showing repairs, when it was last tested, who tested it and what malfunctions the unit has had in the past. (it is always good to ask for the log in court. Don't be surprised if the officer did not bring it.)

 Arrest or Officer activity Log: This log should show the time of your arrest and the time when he tested the radar unit or other unit used. He has an obligation to present the log if it is material to the evidence, provided you ask for it.

Maintenance log: Every Police vehicle should have a Maintenance Log. In the event of being paced (where the officer follows you and notes your speed on his speedometer) Ask for it, and ask for the documentation on the speedometer certification. (damage history or different tires sizes can affect the speed readings)

Match up the paperwork: If the prosecution produces certification or related paperwork it may not match up. That is if they produce a certification on the tuning forks for a certain radar unit. Make them show that by serial number (yes they all have serial numbers) that this particular tuning fork was used on the specific radar unit to which it belongs and that specific radar unit was installed in the specific car that day where it was used to determine your speed. They must show this by logbook entries or some other paperwork, the officer’s word is not good enough unless you accept it.  see - A Lesson in Documentation Rules (Believe me, the officer does not have a clue as to the serial number of the radar unit installed in the car he was assigned to that day). The trial is now, there is no time to spend days researching maintenance records to make a decent paper trail. remember the prosecution has already rested it’s case, it can not ask for an extenuation unless you let them. (If the prosecutor asks for an extenuation, object, the judge will turn him down. If you do not object the judge may grant the request). Be prepared, The Judge may just say "I will take the officers word for it". If you have not read it by now - do so.  A Lesson in Documentation Rules

The Basics that the prosecution must prove:

Judicial Notice: - Statutory device that allows a judge to accept as true, and direct the jury to do likewise, certain fundamental facts not subject to serious dispute, so that the parties need not offer proof of these facts.

Judicial notice is where the court accepts as fact something, which does not have to be proven. For example water is H20, fire is hot, ice is cold. Courts have taken judicial notice that Radar, speedometers and time-distance measuring devices are accurate provided they are calibrated and used correctly.

Laser on the other hand has limited Judicial notice. Less then 5% of jurisdictions have taken judicial notice that a laser speed measuring device is accurate to a legal degree of certainty for admissibility as evidence in a speeding ticket trial. In other words, in 95 percent of all jurisdictions there is no Judicial notice. In the few instances that exist there are serious limitations.

IMPORTANT: You don't know where to find Judicial Notice. For Judicial Notice to exist it has to have been contested in a High Court (case law) or a Hearing of some kind had to have taken place. For you to prove that no judicial notice exists is not possible. You can not prove the non-existence of something that does not exist. If you bring up the challenge it is up to the prosecution to prove that it exists. Challenge Judicial Notice for laser, moving radar and visual speed estimation when the evidence is introduced.

For example: The prosecutor will ask the officer what type of device he used. If he says laser, moving radar or visual speed estimation immediately stand up and object this way: "I Object, no Judicial notice as to the accuracy of laser, moving radar or visual speed estimation exists in this jurisdiction."

The Judge may say something or the prosecutor may ask you something like this: "What evidence or documentation do you have to prove this?"

Reply with: "With all due respect, it is not possible to prove the non-existence of something that does not exist. It is up to the prosecution to prove that Judicial notice exists when challenged and not up to the defense that it does not. This is the prosecutions evidence and if they want to introduce it, it is up to them to prove judicial notice."

Note:

 The Five Basic types of Speed Measurement devices used and how they work:

How Radar works:

Well first off, it really isn’t radar. Sure an electron beam is sent out and returned, but the Doppler effect determines the speed reading. That is where frequency changes as a moving object approaches you or moves away from you. The change in the frequency determines the speed. To do this the radar unit utilizes a “beat frequency oscillator”. This deals with beats in the millions per second. The tuning forks induce beats for a specific speed. That is there is a 30 mph fork, a 50 mph fork and a 70 mph fork. OK, the speed forks may vary depending on manufacturer; most have a minimum of two (the quantity is not important). These forks are similar to the ones you remember from music classes. The teacher hits the tuning fork marked “A” and you have an “A” on the chromatic scale. The frequency can be slightly off and no one will notice, our ears are not that good. On the radar unit a change in frequency of 10 kHz or 10 beats per second in millions is enough to make it unreliable. A scratch on the tuning fork is enough to cause that. If the tuning fork is ever drooped or damaged in any way it becomes unreliable. That is why every six months at least the forks should be sent away to a certified facility to be re-adjusted, tested and re-certified. See: How Radar Works

It is also important that the tuning forks not be damaged in any way since the last test and certification and you can, if you feel like it question the officer on it.

Sample Questions:

How Laser Works: also caller lidar

Laser works by time-distance measured by a laser beam. A laser beam is aimed at a prominent flat spot on your car near the license area. It measures the distance and a split second later measures the distance again. The difference is the distance your car moved in that given time period. By using time distance formula's the laser gun comes up with a speed. I am certain that you can see the problems.

At 1,000 or even 500 feet a man holding the gun will have the beam moving all over the target. Although he is aiming at the license plate area the target at that distance is smaller then a dime. In fact the beam moves all over the target with one return coming from the front of the car, the next return from the back of the car and even from another car accidentally captured in the seep or a telephone pole. All these distances are different and only when the second return is from the exact same spot can a accurate speed be calculated. The beam does not know that the return was from the rear fender rather then the front grill. The distances it measures for speed calculation is often less then a foot. The difference between the front of the car and the rear is more then a foot.  Problems.

For an accurate reading:

How Vascar Works: (and other devices similar)

Vascar  and other devices similar, to many to name including the car speed measuring devices used by aircraft are all forms of  vascar. It is a time distance measurement. Generally lines are placed across the road and the distance between these lines is measured. The time it takes you to cover that distance is feed to a computer or compared to a chart that then give your speed. The greatest variable is the device that triggers the on and off of the timing device. Newer units use a laser beam that is set at 90 degrees to the road. When your car passes through the beam the timer is triggered on and when it again passes through another beam it is triggered off. Most units are just a stop watch that is clicked on and off by a human observer. Where a human observer triggers the device off and on there is serious possibility of human error entering into the equation.

The only logical device to go after as to calibration is the stop watch and the measurement of the distance markers.

Vascar and similar devices are not that common. You will find it prevalent in Pennsylvania where the local police are forbidden by law to use radar or laser devices. This is because of notorious abuse and a screeching outcry of the populace to that abuse. Only the State police is permitted to use radar and laser for a speeding conviction. as such vascar is the revenue generating alternative they have turned to.

Because of the setup of vascar there are generally two officers involved. In the use of aircraft there are always two officers involved. One to take the speed reading and the other to pull over the victim. Whenever two officers are involved, both must appear in court.. the reason is that one officer may not testify as to what the other officer observed or did. This is hearsay evidence and inadmissible. Unless you object a judge will allow it. If only one officer appears and you object the judge has no choice but to dismiss the case.

The item subject to calibration is the timing device or stopwatch.

PACE: or pacing

This is where the officer sneaks up behind you and follows you in his patrol car and matches your speed. He then records the speed from his speedometer as being the speed you were doing. The device used it the speedometer itself.

Visual Speed Estimation:

This is where the officer testifies that he has attended some special course and has a certification that he can visually estimate speed. He may or may not present a certificate from some agency or another and state that he is trained to estimate speed to a 99% accuracy.

Do not confuse this with testimony in a radar or laser case where the officer says that he first estimated your speed and then used the laser or radar gun to verify your speed. This is proper usage and the speed he estimated is not considered as evidence you your speed. Confusing, yes. However you will recognize the difference when you see it. In the case where he wants to enter his observation as a definitive speed he will testify to some special training and certification. This is easy to overcome by stating that "no Jurisdiction has ever taken judicial notice of such an ability".

Arraignment and Trial

Arraignment:

When you are issued a ticket it will have two options in most instances. One where you plead guilty by mail and send in your fine plus court costs. The other is if you which to contest the ticket.  The process for contesting the ticket is as varied as there are courts in the country and change continuously. Read the directions and do what it says. In some situations it will say something to the effect that the officer will not appear in court unless you do something. If it says that then do whatever the ticket says to do to have the officer appear. If not you will be faced with an affidavit from the officer as to his testimony which you can not cross examine. You have also lost a 20% chance of having the case dismissed because the officer did not show.

The date for your appearance on the ticket is the arraignment date. In over 95% of cases the trial will not be heard on that date. That is the date you get to plead NOT GUILTY. In 5% of cases trial will be heard right after your plea. It is important to come prepared to defend yourself on that date. You can call the local court clerks office and find out what the situation will be.

If you are not prepared for trial you may motion for another trial date stating that you have not come prepared for trial expecting this to be the arraignment and nothing more. A future trial date will be set.

At the arraignment you will find many people. Some are there for arraignment, some for sentencing and some for trial. The process will go somewhat like this.

Now is a good time to find out the difference between a Magistrate, a Commissioner, a Justice of the Peace or a real circuit court Judge. The difference and your rights under each is important to know. Each will handle a case differently.

Trial

Your case is called:

The first thing you want to do is present your case law. You want to do this before the trial begins. When your name is called:

REMEMBER YOU CAN ALWAYS READ THIS FROM YOUR NOTES

You say: “Your Honor may I approach the Bench” You approach the bench and hand both the Judge and the prosecutor copies of the case laws you brought with you. (you need three copies, one for the Judge, one for the prosecutor and one for yourself)

You now say: “Your Honor these are the most notable case laws concerning (radar, Vascar, Lidar-laser, photo-radar or speedometer) they deal with foundation and admissibility of evidence. Some is from Sister States for your consideration because Our State has no relevant case law dealing with the specific situation”.

You now sit down. They may read them and then again they may not.

For Radar and speedometer (being paced) and Vascar: bring  (also bring the pertinent case law from your State, surrounding States or any additional that you think may help)

For Lidar-Laser: bring,

For Photo-radar: bring:

Your Trial may be where there is a prosecutor or where there is no prosecutor: Each must be handled differently: This is just a sample trial that assumes you were paced (the officer followed you in his car and noted your speed on his speedometer).  For details as to your specific defense click on the Tab at the top marked DEFENSES

The Arresting Officer Does Not Show

There are three situations:

States where the officer is required to testify: In most, but not all States the officer must show to give testimony. Read the back of your ticket. If it it says anything to the effect that unless you do something the officer will not show and only a written report will be entered into evidence then you live in a State that does not require the officer to show.

In those bad States where the officer is not required to show I suggest that you do what it says to have him appear. I suggest you read Why would I want that miserable officer in court, Why?

In the States that require the officer to show you don't want to ask for extensions as to your trial date. This will negate the advantage you have. If the officer does not show, you ask for a dismissal. The prosecutor will try to argue that another court date would be more appropriate. You argue " Your Honor, the trial is today, the defense came prepared. It is of no fault that the prosecution is unprepared and if they are unable to proceed I motion for dismissal"

Dismissal will be granted provided that you did not postpone your trial date or ask for an extension. In that event the prosecutor will say. "Your honor, the court has in the past granted the defendant a continuance, it is only fair that the court now grant one to the prosecution as well". The Judge will grant the continuance. Where you would have had a dismissal, you now have a continuance.

Situations where there are two officers required: I this situation, one officer took the readings and the other did the arrest. Both officers must show. Only the officer that took the reading can testify as to the readings and to the fact that the officer that pulled you over actually pulled over the correct car.

The officer that pulled you over must testify because he is the arresting officer. Without his testimony the case must be dismissed.

If either officer does not appear, ask for a dismissal arguing as to why both officers must testify.

Two officers must always appear if a aircraft was used. The pilot does not unless he is also the officer taking the speed measurement.

In vascar you may have to ask the officer on the stand if two officers were used and if he says yes, ask for the dismissal.

States where unless you subpoena the officer he can simply send in an affidavit: Again, you have to read the back of your ticket. You want the officer to show and must do what it says to make him or her show. Why would I want that miserable officer in court, Why?

If you did what the ticket said to do and he does not show then ask for dismissal. You will have to prove that you did what was required for him or her to show.

If you missed the deadline to do what was necessary of forgot then: Ask the questions as outlined. When the Judge denies the questions or they can't be answered because you are asking them with no one there say: The Officer chose not to show and in his stead sent an affidavit. If the affidavit was to be complete he or she should have anticipated these questions, provided the documents required and so forth. The document can not make objection to my questions and as such teh prosecution must bear the shortcomings of it's prosecution by relying upon an incomplete affidavit that does not address all reasonable questions. Defendant motions for dismissal.:

OK, enough is enough now. I am certain that your head is spinning with all this information. Take a break and when you come back go to the DEFENSE of your choice.

BTW (by the way - I know that some of you will find grammar errors in all these documents - That is inevitable and I make no apology. I read write and speak English, French and German fluently and sometimes I transpose subconsciously when I write. When I proof read I can't catch it all because to my mind it is correct in at least one language.  If you can read and write in three languages then you can criticize. _ Roland)