My Wife Beat Her Speeding Ticket! Here's How She Did It:

[Mad Scientist]

First up: A little background.

Normally, people will argue the merits of a ticket, ie whether they actually speeding or not. We approached it differently. We argued the applicability of the Law itself. And Won!

When an Officer writes you a ticket he/she will cite what Law you broke on the ticket itself. Have any of you actually looked up the Law that was cited as his/her authority to cite you?

Because my wife and I live in Pennsylvania the Officer used Title 75, the Vehicle Code. Well if you read Title 75 it refers to Commercial Transportation! How do I know that? Well, every Law, Title or Code has a Definitions section in the front. The Law has Legal Definitions that may be the same or may be different than "common street usage".

The ticket listed my wife's car as "Primary Vehicle". Well, you look up the definition of Primary vehicle and it's definition is not in Title 75! It's in Chapter 67! That's when I noticed that's cited on the ticket too! The ticket cites Chapter 67!

What is Chapter 67? The Department of Transportation Code! It's not the Vehicle Code! Why is that meaningful?

Blacks Law Dictionary - Transportation. "The removal of Goods or Persons from one place to another - by Carrier".

"Carrier" is Allied Van lines. U-Haul Rental. Any Towing Company. Pizza Delivery. Jobs like that where you get paid to drive in the course of your job.

Carrier is NOT you traveling back and forth, to and from work. Carrier is NOT you visiting friends or relatives. Carrier is NOT you going shopping for yourself and family. That is "Travel" because you are not doing it for pay.

Next up: Court Day!

 

[Moonglow]

congrats, usually we are not all that lucky to have that occur, but I will watch it much closer in the future...
When I lived in Arkansas they would pull you over or not using a turn signal. There was no law on the books for this violation until 2007. I wish I had the time and money to contest all the old tickets given to me on that charge...

 

[Dont Taz Me Bro]

So you haven't gone to court yet?

 

[Ellipsis]

I'm confused....did your wife beat the ticket or haven't you been to court for it yet?

 

[Delta4Embassy]

Love to try a physicist's defense: Your honor, physics shows us how matter doesn't actually touch other matter. Atoms aren't resting physically against one another, they're being repelled by forces but not physicality. So if nothing's actually touching anything else, then I was not actually operating my vehicle at the time of the alledged speeding ticket and thus must be declared innocent.

 

[Delta4Embassy]

If nothing else, probably go down in history for the silliest defense strategy ever tried.

 

[Mad Scientist]

So we show up at the appointed time in the Summons hoping that the Cop doesn't show up and we can win by default. Doesn't happen. In fact 4 Cops show up, one to testify the other 2 to just watch! I don't know where the other one went.

So we go with the original plan, argue the Law and it's Applicability in this case. The Judge swears us in and lets the Officer Testify first.

He claims he clocked my wife doing 54 in a 35 but cut her a break and only cited her for 41. He thought that alone would win his case. He submitted the Radar Certification for the unit he used and I looked at it. It was current (Damn!) The judge then asked to see it and looked it over.

So It came our turn and told the Judge I was not a Lawyer and if I could speak for my wife and he allowed it. Though she is talkative and not shy, English is not her first language and Law can be confusing even for native English speakers.

First I laid out all the applicable Laws cited and our Defense papers on the table in front of us. I cited Title 75 and noted that it applied to Transportation only and not Travel. The Judge asked what she was doing and I replied "She was Traveling in her Privately Owned Conveyance". I heard a few "snickers" from the Cops seated in the back. The Judge didn't buy that and said she WAS in a Vehicle. I cited the Definition in Title 67 and the Judge re-iterated. She was driving a vehicle and that was that. He said "Well it looks like we're just arguing semantics here." and I replied "Well your Honor, Law IS Semantics partly isn't it? Legal Definitions and how Law is interpreted based on those definitions and language? I have only offered up definitions that are in the applicable Law itself." The Judge just acknowledged what I said and wrapped things up.

I thought: "Oh well, looks like we're finished!". The Judge stated that if I wished to I could bring those things up on Appeal which I though at the time was a bit odd. Later I realized that he was just saying to me (us) that he knew that I understood the Law and our options should we decide to Appeal.

So finally, it's silent for a few seconds and the Judge ponders what he's just heard. First thing he says is "I'm not going to allow the Radar Certification evidence in this case".

Wow! Did we just win? If they don't have the Radar results, they don't have a case!

"I'm going to throw out the Citation and enter a finding of the Defendant Not Guilty." I think that's what he said, I was in a bit of a haze!

My wife didn't understand what the Judge had said but she knew it was over, so she turned to me for an explanation and I just whispered "You Won!" We got the printout from the Clerk, I checked it for correctness and "Not Guilty" of course then we left!

Finally: Aftermath: Parking Lot Police Encounter.

 

[Mad Scientist]

So now we go out to the parking lot and wouldn't you know it? All 4 Cops are hanging around this one cruiser obviously talking about what just happened. I heard snippets, but not much, but I knew it was about us.

The parking lot is small so the cruiser is rather close by, maybe 10-12 feet away. We approach the car and while they don't look at me they all look away and stop talking. (I'm not claiming to be a bad ass, I'm just sayin' what happened)

We got in and I told my wife: "Look, it's obvious they wanna' do something so let's be real careful driving home. I don't wanna' give them ANY reason to pull me over".

We pull out and the cruiser is right behind us! We obey all posted speed limits and do complete stops at stop signs. He follows us (rather close I might add) all the way to the local Highway where we get on but he doesn't.

It was a Good Day!

 

[sarahgop]

sounds scary