Thursday, March 29, 2012

A few words on the websites promising a system for beating speeding tickets and the do it yourself books

Came across this article where a EU watchdog has classified a beat your speeding ticket website as a scam.  I have had people come to my office on multiple occasions who have purchased these books or joined up on these websites that either provide a system to beat speeding tickets or claim to tell a member of their site how to beat a speeding ticket.

Let me just say right now that there are many concerns I have with these sites and these type of books.  These websites are almost 100% inaccurate and will not help you in 95% of cases.  Let me repeat that! These websites are almost 100% inaccurate and will not help you in 95% of cases.

They will tell you different "tricks" or different "truths" that simply are not true.  For example:

1. Go to court and schedule your case for trial and the officer won't show up then you can get your speeding ticket dismissed.

This is NOT accurate.  Over 98% of the time the officer will show up for court.  The reason they will do this is because it is their job to show up for court.  If they don't show up then then they won't be a cop for long.  Also, they get paid to show up to court.  Ask yourself this question...If you were a cop would you rather be in a hot black and white giving out tickets or would you rather be in an air conditioned courtroom?

2. Know this magic procedure and use the procedure to your advantage.

Although it does help to know the procedure in a courtroom its not a get out of jail free card.  The simple fact of the matter is that books and websites that claim to know often do not.  Its nearly impossible to find an informative procedure resource for a municipal court.  90% of Traffic Tickets are issued in municipal courts.  So that big fancy book you read or might read on how to beat your ticket and the process you need to use is pretty much useless as it won't give you any specific information on your particular municipal court.

3.  The beat your speeding ticket books and websites are often based on the laws and procedures in a state different than the one you got your speeding ticket in.   Ergo, the law is not the same.  The procedure is not the same.  The advice is not accurate because its based on another states law.

4.  Virtually all of these books and websites will require you to take your traffic ticket to trial.  If you set your traffic ticket for trial you are eliminating many of your options.  You won't be allowed to get an amendment.   You won't be allowed to get a diversion.  You either win or you loose.  The ticket either goes on your record or you win and it does not.  So its risky.  That and considering at least 85% of traffic ticket trials end up in a finding of guilt...The odds are not in your favor.

Now that being said your probably thinking....Of course this Speeding Ticket Lawyer is not going to want me to use the book...He wants me to hire him!

Well let me tell you, if you talk to any attorney that makes their living doing nothing but traffic tickets.  Be amazed... Because there is not a lot of money to be made helping people with traffic tickets.  By the time you talk to the client and explain the process, then call the court and get the ticket set on your docket, then go to court and talk with the prosecutor, then pay the costs, then communicate with the client to show them everything is taken care of, there is a bit of time investment on the attorney.

I help people with traffic tickets and do a good job for them so that they know me.  They consider me to be their attorney.  If something happens down the line then they remember how easy I was to work with and how I communicated with them well.  So they call me again.

Here is the article that inspired this Blog Post.

Speeding ticket avoidance advert banned

By: Josie Clark

An ad for a website promising the "top 10 tricks" for getting out of speeding tickets has been banned by a watchdog.  The website for a membership scheme offering advice and legal representation to drivers who have received a ticket said: "Get your free copy of our top 10 tricks to avoid speeding tickets" and added: "Our top 10 tricks and loopholes to get out of any UK speeding ticket will be automatically delivered to your inbox within minutes. Tell your friends about us - but not the Traffic Police!"

A reader complained that the ad was irresponsible because it suggested that drivers could avoid being prosecuted for driving offences.  Defending the ad, Drive Protect Ltd said the email course being advertised taught people "a legitimate means of being able to disprove or create legitimate doubt on whether or not the offence happened".  It said drivers avoided being prosecuted when a court decided that there was not enough evidence, or where evidence pointed to the fact that the offence did not occur, and believed that the ad was therefore not irresponsible.

Upholding the complaint, the Advertising Standards Authority (ASA) noted that those accused of speeding offenses were entitled to be made aware of legal advice and that it was not irresponsible or illegal for some or all of that defense to be based on legal loopholes.However, it added that consumers would understand the ad's wording to mean that they could escape the consequences of speeding offenses regardless of whether or not the alleged offense took place.

The ASA said: "We considered that although the ad was unlikely to encourage reckless behavour, it could encourage some individuals to take risks they would otherwise not take because they believed that they could exceed some speed restrictions with impunity and could be seen to minimise the dangers of speeding."
It ruled that the ad should not appear again in its current form.

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