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Picture of the cop from the Monopoly game

 

 

Your Speeding Ticket is a pleading, a warrant, an affidavit and a swearing all rolled into one.

  • The format of the ticket is mandated by State Law
  • By signing the ticket, the State or municipality is granting you bail
  • If you don't sign the ticket you can and will be arrested and taken into custody
  • For the ticket to be valid, the officer must also sign the ticket
  • By signing the ticket the officer is swearing under oath that everything contained on the ticket is true.
  • Sometimes the officer makes a mistake when filling out the ticket. It is possible that this mistake can be fatal to the prosecution. SEE FATAL FLAWS

 

 

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Charge: In Criminal Law, to indict or formally accuse. (Blacks Law Dictionary)

 

Your speeding ticket is a criminal charge. That charge is what you are accused of doing. If your speeding ticket states 55 in a 30 mile zone then that is the charge. The prosecution has the Burdon of proving, beyond a reasonable doubt, that you were in fact doing 55 in the 30 MPH zone. Click her to learn what "presumed innocent until proven guilty" means

 

They only have to prove two items for your conviction.

  • That you were within the 30 MPH zone when you were clocked
  • The speed you were clocked at was 55 MPH

 

Failing to prove either one will lead to a dismissal or verdict of not guilty.

 

The Burdon of proof is on the prosecution.

 

If you can find legal fault to just one of these requirements the case against you will be dismissed. You will win.

 

A FREEBEE

get out of jail card from Monopoly game

Everyone loves a Freebee. If the officer does not appear at  trial you can motion for dismissal provided that:

  • You have not previously asked for a trial date extension
  • In States where the officer is not required to appear in court that you took the appropriate steps necessary to have him appear

 

 

 

 

How convincing the evidence has to be depends on the State in which the ticket is issued.

 

 

Do you know what standards of proof are? click on  Standards of Proof

 

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