First, ask for a FULL disclosure. That includes calibration records
and the whole bit. You have to ask specifically for them. They will
stall. Use this against them.

The basic rights you must remember is that you are entitled, first and foremost, to a speedy trial. Watch out for delaying tactics played by the police officer you are going to face in court. You are also entitled to a court trial, in which the usual ruling body is a judge. However, in some states, the option to request a jury may be granted to you, but records show that an accused of a speeding violation has a better chance of winning his or her case with a judge that a jury of his or her peers. Finally, you are entitled to an attorney. For speeding violations heard in traffic court, you are obliged to pay for your attorney's services. The only time you can get one for free is when your offense may be subject to prison time. Remember these key rights so you can fight a ticket easily.

http://www.magma.ca/~fyst/

http://fh.rolia.net/f0/c5050/all/post/1158336.html

http://forums.beyond.ca/showthread/t-126862.html

http://classactionblawg.com/2009/05/11/speeding-ticket-dont-just-fight-it-file-a-class-action/



Long story short, the officer did not show and the ticket was thrown out. However, I did do my research and came prepared to fight!!!

After thoroughly researching Michigan law I found the following information:

(Taken from the Michigan Judicial Institute © 2003 Page 5)
A material defect is an error pertaining to a fact that is necessary to prove an element of the offense, or that attacks the essence of the complaint.* Courts vary in their opinion as to what constitutes a material defect and magistrates should check with their chief judges regarding this issue. The case may be dismissed without prejudice by the judge or magistrate (if the magistrate is authorized to do so), and the citing officer may reissue the citation, or move to have it reinstated.

Material defects may include: *See MCL 257.742(1), 257.727c(3), and
MCR 4.101(E)(1).

• No signature on the citation by the citing officer.* The absence of a
signature is a material defect that makes the entire citation invalid.
• Incorrect identification of the defendant.
• Incomplete identification of the offense.
• Failure to specify the location of the offense.
• Failure to specify the date of the offense, or entry of an incorrect date.

************************************************** ********

Also MCL 257.727c(3) (taken from the Michigan Legislature website) states:
(3) For purposes of this act, a complaint signed by a police officer shall be treated as made under oath if the violation alleged in the complaint is either a civil infraction or a misdemeanor or ordinance violation for which the maximum permissible penalty does not exceed 93 days in jail or a fine, or both, and occurred or was committed in the signing officer's presence or under circumstances permitting the officer's issuance of a citation under section 625a or 728(8), and if the complaint contains the following statement immediately above the date and signature of the officer:

“I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief.”

*There was no signature and the box next to the above statement was not checked.

************************************************** ********

I believe the officer realized that the signature was missing and didn't make the appearance because of the material defect issue. I am starting to realize that maybe it was a good thing that this whole "careless driving" incident came to be. The way I would handle the situation would definitely be different. If someone tailgates me like that that nut did that day, I will take my foot off the gas, gradually allow the car to drop it's speed and by the time the nut behind me realizes they're driving 50 mph. they'll be forced to take the effort to get off my *** and pass!

Thanks everyone for your interest and good information.
Last edited by Browntrees1; 07-29-2006

Fighting a speeding ticket can be thwarted if a police officer is not able to secure your speed in their records as well as in their radar. The inability of the police officer to do this would mean unbound and void offense since an officer cannot issue a ticket without further evidence. Thus, when an officer happens to pull your car over, it is vital that you search for the radar used together with the speed.

Fighting a speeding ticket can also be done by means of resigning yourself to any forms of guilt. Unconsciously, people tend to set themselves in a situation where they somehow say yes to a question they do not intend to utter. If an officer exclaimed, 'You were speeding'; an immediate reply of 'Yes, a little bit' is also a means of saying 'Yes, I am guilty'. This should not be the case; remember to be extra cautious of how you answer to an officer's queries. Unthought-of answers oftentimes lead to further offenses and might pave the way for further violations. What to do in this kind of situation? The situation can be simply reverted like this: An officer exclaimed, 'You were over speeding', your reply can be 'I'm sorry officer but I think I'm just in the right phase and speed'. This answer somehow gives the officer the gut feeling that you are either saying the truth or just making excuses. Therefore, a convincing statement would help you get out of a possible speeding ticket.

Another way of fighting a speeding ticket can also be done by means of responding positively and respectfully to any queries an officer might ask. Hot tempered drivers mostly end up not taking the table to their advantage rather incur further violations as the conversation progresses. With this, you need to be weary of every words and statements to be exclaimed the moment you come face to face with an officer. Keep in mind that officers are given discretion by their superiors and any form of rudeness can immediately resort to auxiliary charges.

Once you've been pulled over by an officer, the first thing that comes to mind is, 'there will be no way out here'. Nevertheless, there are still ways of fighting a speeding ticket even if it entails going to court. If you can formulate continuances to interrupt the hearing then you can do so. If luck permits, failure of an officer to come out and be present during the hearing can mean greater advantage on your part.

Another tip in this Guide to Fighting Speeding Ticket is to question the current technology for catching speedsters. Troopers use a radar gun to check the speed of cars and see if they are speeding or not. These radar guns are usually calibrated by a tuning fork; there was an account about a guy who went to court for the ticket and asked the question "what calibrated the tuning fork?" When the officer was unable to answer, the judge dismissed the case.

Last tip in this Guide to Fighting Speeding Ticket is to simply be creative. You could create a good lie for you to get away with this. But remember not to use the line "I'm late for work" because this shows the officer that you are very irresponsible. A good line could be "I have a bad case of diarrhea". Follow this up with some good facial expressions and acting, just don't overdo it. You could even offer the arresting officer to follow you to your home then give you the ticket. Creativity is the key to get away with a ticket. Another reminder, don't cry.


"Under the Ontario Provincial Offences Act minor mistakes on speeding tickets can be corrected at court by the prosecution, but fatal errors cannot. For example, there maybe a mistake in the spelling of your name, year of the car is wrong or the time is wrong.

These minor mistakes can be corrected on the trial date by the Justice of the Peace or prosecutor and will not get the speeding ticket canceled.

Fatal errors on a speeding ticket are mistakes that will get the ticket cancelled because they are not fixable or amendable by the prosecution.

A mistake like the officer not putting his name on the speeding ticket, or the wrong day or month are considered “Fatal Errors” and upon application by the defendant or his agent the Justice of the Peace may “quash” or cancel the traffic ticket."

You might be tempted to subpoena the officer who was riding along with the police officer who stopped you for a supposedly speeding violation. Refrain from the doing this. That officer does not have or possess anything that is of interest to you or your case. During the trial, all the witnesses that are brought into court are subject to your cross examination. Normally, the only witness is the police officer who actually wrote the ticket. You can be sure that if this police officer fails to show up, there won't be any conviction - the most convenient, not to mention lucky, way to fight a ticket.

Ignorance is often the root of unfortunate circumstances. Before you succumb to the authority practiced by many crooked cops, it's highly recommended that you learn to stand up, know your rights, and give your best to fight a ticket.

Always remember to plea not guilty in fighting traffic tickets. Make an effort to reconcile for a smaller offense. Usually, you will enter your plea in front of a judge in the traffic court. After pleading not guilty, the trial date will then be set by the judge. After this, you need to get a solicitor. A solicitor is the person who will stand alongside you. Provide the solicitor your essential defense and prepare to speak in front of the judge. State the reasons why you plead not guilty and your willingness to go on trial if required. Sometimes, some prosecutors will propose to reduce the ticket right away. You can think about it and negotiate.

You can reassess the plea and you can change the court date then arrange to argue. It is a good idea to adjust the court date to a different day. In this way, there is a chance that the officer may not be able to show up in court and this is good news for you. if the officer is not able to confirm, your case is automatically dismissed.

Gather enough evidence. Plan for the arguments and practice. It is a good idea to research and read books about trial strategies and procedure. Overall, you need to ask questions to the witnesses you have and the officer. It is important that you are able to persuade the prosecutor that you are serious with your defense and that you are innocent.

The first and most simple way to get away with the ticket, fine and record is the officer doesn't show up. State's usually give an overtime pay for officers who attend trials but with the number of trials an officer attends could mean that he or she won't be able to show up for your trial, and thus the judge dismisses your case and your free to go.

Another way for you to get away from a speeding ticket in court is to do it by snail-mail. In California and Nevada (although I'm not sure about Nevada) you can contest the charge in court via snail-mail. Less than half of these are actually prosecuted because your arresting officer cannot see your face unlike in the courtroom and thus he or she may not be able to remember the actual events of the arrest and would be unable to produce evidence to contest your claims.

Third way to Fight a Ticket, when you are not from California or Nevada and your arresting officer does show up for your court case, you can contest the use of their handheld radar gun. There are two ways, first is to contest the accuracy of the gun, this would be effective if the gun registered just a little over the speed limit
. There is reasonable doubt that the gun has registered a false reading. The other way to Fight a Ticket in court is based on an account that a guy questioned the calibration of the handheld device. He allegedly asked how the gun was calibrated and the officer answered by a tuning fork. The guy then continues to ask how was the tuning fork calibrated. The officer was unable to answer and he was set free.

These are some other ways to Fight a Ticket, if you value your driver's record and have the time and money to deal with it. You can even hire an attorney specializing in these cases. You can also have a mechanic "fix" your speedometer and present the receipt to the judge that your speedometer was busted at that time and was unable to monitor your speed.