Traffic Tickets And How To Win In Court

By Adriana Noton

Traffic tickets have nothing to do with justice. They have nothing to do with protection. They are all about the court getting your cash. The traffic court unfortunately is the primary reason for the individual to interact with local government. Now we all know friends or coworkers or relatives who have gotten a ticket and we might have gotten on also.

In order to collect money quicker the court plays a mind game. They set the traffic ticket fine at the price people will pay buy not fight. They set the amount of the fine low enough for people to pay buy not high enough that people will consider taking time from work or school or family to go to court and fight. This is a public relations ploy played by the court that simply hopes people will pay and not bother them.

But the system would collapse if all people would fight the tickets. Or else the court would simply lower the fines until they came to a happy medium where men and women would just pay the traffic fine. But if you examine carefully, all traffic tickets lack validity because the court does not have standing. The traffic court does not have subject matter jurisdiction.

If they cannot show standing then it does not matter what I am being accused of. This is a very big issue and only one of how to show the invalidity of a traffic ticket. You have to understand that a ticket is not a cause of action which is a very specific legal term. You have to know that government is formed to protect individual rights. Courts are part of government so they are therefore there to protect and maintain individual rights. And therefore the courts jurisdiction limited to maintaining and protecting individual rights.

So a plaintiff to have standing in an American court has to allege the violation of a legal right. Of course they do not like to hear this in a traffic court. The court must show personal injury by the plaintiff. So is the police officer who issued the ticket showing personal injury? Does the prosecutor show personal injury of the so called plaintiff? No.

The violation of an individual right is the basis of subject matter jurisdiction and with no personal injury to a plaintiff there is no jurisdiction and no valid traffic ticket. You can also try to win your case by impeaching a witness who is the cop in almost every case.

The ticket issuing officer is almost always the only witness in your court case. If you can impeach him or her that witness testimony is inadmissible in court because of the lack of credibility. You only have to ask the witness two questions to do this. You hand the officer the copy of the ticket and ask if the cop filed a valid cause of action against you. He or she will have to say yes or the case must be dismissed.

Then your next question is how many elements are there in a valid cause of action. The prosecution will object to the question saying the witness is not qualified to answer the question. The judge will sustain the objection and you will have shown the witness is not qualified to testify. You will not always have the ticket thrown out of court but this is one way to fight traffic tickets. - 31397

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