Written by Gregory Monte.
More and more often these days I am seeing articles about how motorists are speeding on the roads. With so many citizens in quarantine, traffic is much lighter than it used to be so this kind of makes sense.
Here are some examples:
I even wrote about this issue late in March when I noted that the police were still issuing speeding tickets in school zones even though school was no longer in session any longer.
Car and Driver sums the situation up well the general situation when it described traffic in Seattle, WA (a city hit hard by the corona virus):
“Average speeds were up about 10 mph faster on Thursday morning, the first full work day after a number of big employers told people to work from home if possible, than on Monday, according to Inrix. Speeds were already up 4 to 5 mph Monday, before the broader push for remote work started this week, so average speeds at the end of the week were 15 mph better than before the outbreak hit the city.”
The real question is whether all of this speeding is leading to more crashes. Logically, because there are fewer cars on the road, you would think that there would be fewer crashes. In Massachusetts, this seems to be the case:
“Those numbers suggest that while the overall number of crashes has declined dramatically, the proportion of crashes that involved injuries has gone slightly up: during this period of 2019, 33 percent of crashes involved an injury; in 2020, it was 38 percent.”
The Basic Speeding Ticket Defense
This is a 9 page review of the most basic way to beat a speeding ticket – even if you actually were speeding. This particular strategy will almost always work, but it does depend on one aspect of the circumstances surrounding your ticket. For the strategy to be effective, there must be an issue with the speed limit signs, themselves. It’s all about the need of states/localities to comply with their “Obedience to Traffic Control Devices” statutes.
Applying the Traffic Ticket Defense Method to Challenge a Citation.
This is a seven-page, detailed explanation of my three-step method for challenging any traffic ticket. I use the “Driving at a Safe Speed” statute from Pennsylvania to illustrate this method, but it can be applied to any other statute that you might be cited for in the vehicle code.
In addition, no matter what state you live in, the procedure is the same: you need to understand the statute you allegedly violated, look for technicalities in that statute and (most importantly) find case law to support/reveal those technicalities.
The Pennsylvania Stop Sign Defense Strategy in a Nutshell.
This is a one-page, eight-point summary of the strategy I discovered while researching ways of beating unfair stop sign tickets. It is specifically geared to Pennsylvania but can also be applied to most other states.
My Son’s Opening Trial Statement at the Court of Common Pleas.
This is an elegant, one-page, powerfully concise expression of my defense strategy.
The Brief – My Son’s Case Brief for the Court of Common Pleas
- An eighteen-page argument for why an illegal stop sign is not enforceable.
- Requested by the President Judge at Wayne County, PA, Court of Common Pleas.
- A highly distilled application of the Pennsylvania Stop Sign Ticket Defense.