Cops and courts to citizens: "Ignorance of the law is no excuse." Also cops and courts to citizens: "There is no possible way we can know every law so we have to have qualified immunity to protect us for when we break a law we did not know."
Apparently, qualified immunity protects the individual officer from liability, but you can still sue the institution they were working for. It doesn't protect them from criminal prosecution, but career prosecutors and DAs are usually unwilling to bring charges against officers unless the violation is egregious, or there's sufficient public attention to the incident.
@@raghavrao89 First, how does suing the entity that employs them punish the officer? It doesn't, it punishes the taxpayers. Sure, it may make the entity "punish" the officer but we all know that usually ends up being a paid vacation for the officer. You are right it doesn't;t protect them from criminal prosecution but it makes it almost impossible to prosecute them. You are correct about prosecutors not wanting to prosecute them. They are all protecting each other. It should not take massive fallout from the public for the right thing to be done when cops commit crimes. The departments and the courts should automatically prosecute them without public pressure. The police unions have a lot to do with that.
I don't mind qualified immunity in theory. Afterall police are the people that we designate to handle conflicts and people acting badly. Its a tough job and we don't want good cops to go bankrupt over an understandable mistake of a gray situation that pops up. However qualified immunity in practice has been stretched beyond all recognition and gotten cops to feel far too comfortable with misbehaving with impunity.
There is a good and simple way around this. "Okay, Officer Friendly, because you can't possibly know all the laws, you are hereby authorized to enforce only those laws for which you have demonstrated 100% proficiency. Any laws on the books for which you have not been specifically certified are not for you to concern yourself with."
@@jimland7176 What about understandable mistakes made by citizens that bankrupts them or gets them incarcerated? Are cops above the law? Qualified immunity makes them above the law. There is no way to argue that qualified immunity doesn't make the above the law. The very notion of qualified immunity is to make certain people above the law. Normally those are called sovereign citizens. Qualified immunity needs to be abolished nationwide.
I've fought a few traffic tickets. One, I was pulled over (this was in Massachusetts) and the officer sat in their car behind me for over 5 minutes. Then, another officer arrived behind them and the first officer left. Did not say a word to me on anything. The second officer came up and told me I was speeding (No, really I wasn't). I asked where the first officer was and the second officer said "he had to leave". When this case came up before the Clerk Magistrate, the second officer showed up for the hearing. I asked, "why did the first officer not contact me and did you see the supposed infraction?" The Magistrate agreed with me and said the first officer should have been the one to write the citation as he witnessed it. He did not allow the "Well my co-worker saw it so it must be true" argument. Case dismissed. Woo hoo!
Interesting, im from Mass…there is a limit to how long you can be detained on a traffic stop. Anytime allowed for a backup police officer to arrive on scene would likely be too long
I called the Manufacturer of the Radar equipment and I was told "One was Calibrated 6 Months after purchase the other has never been calibrated." The Town had 2 radar guns. Also, no one in that County was Certified to use their equipment according to the radar manufacturer. When I questioned the officer on his Certification; he side stepped the question 9-10 times. The Judge dismissed my case before I brought up the calibration issue.
I live in California and often the police do not show up for their court date. My girlfriend did have a court date where she fought a parking ticket and won. They gave her a parking ticket for campus saying that she parked in a space for official campus business. She happened to work for groundskeeping so she had her boss write a letter saying that her car was on official business when she parked there
Just to add to the group: to get my license back because of two tickets on my record with fines in total that were over $3600, I finally filed for a court case to fight them both, 1 week apart from each other; reason being I was moving out of LA at the time and kiiinda needed to be able to legally drive to do so. First case: no show, dismissed, though I did happen to witness the couple just before my case get chewed out by the officer who was livid that they thought they'd get out of their ticket due to him not showing up. My guess is that particular stop didn't go so well. Second case, the judge looked at me and asked if I thought this was a good idea, which did imply that the officer was in fact present, though was not confirmed. I told him that I was just doing it to get this off my record, and that I didn't even drive anymore but biked everywhere I needed to go (which was for the most part true). What he offered was to just pay the clerk fee (I forget what it actually was) of $45, and then the reinstatement fee at the DMV of $55. Long story short: I got out of over 3 and a half grand of fees by going to court. The catch: I basically waited years before challenging these tickets, and by that amount of time it's possible the issuing officer isn't even in the force anymore. So take away from this what you will.
There's a city near me where the chief told all his officers "If you don't show up for court, you're getting suspended for a week without pay. Don't write tickets if you're not gonna show up for court!"
Andrew, radar by itself has not been a legal soul source for tickets in Indiana for years. Not since its flaws were proven to a judge in real time on an everyday street. Radar is easily beat in court, and I say this because I've done it. That's why Lidar is now the most used by police and it does require a 60 day certified calibration period in most states.
@@shawnpatrick1877the increase on your insurance premium for the next decade or so will cost you literally thousands, it is almost always worth it to contest a ticket.
Try the Uniden R7. My Escort passport did well, but not in VA. If you see blue lights, hide that shit. The R8 is not VA safe. It emits a signature detectable from a few hundred yards.
Child Support laws are unjust and unfair and oftentimes the "offenses" are punished in a way which does not fit the "crime." Child Support laws are designed to screw men over in a very bad way. Period.
Divorce/family court is a whole other monster that suffers from severe discrimination issues. Traffic court and even criminal court is significantly more just and nonpartisan.
he's talking about discovery procedures in California. Haven't been there in a while, but California used an informal discovery request procedure as I remember initiated by a discovery letter to the prosecutor served at the time of first appearance that just repeated statutory discovery obligations that the government already had. If discoverable matters were not produced then a motion to compel would follow. YMMV
Some years ago I got a speeding ticket from a local cop in the small town I live in. I was planning on going to court to plead guilty and ask for supervision, pay a fine and keep a guilty plea off my record. About a week before the court date I read the officer had been hit by a drunk driver while she was standing behind her car. She lost her leg. I figured she'd be laid up for quite some time so when I went to court I didn't ask for supervision, I pleaded Not Guilty. That meant the officer would have to be present to testify against me. The case was continued a couple of times, the DA gave me a real hard time about further delays but I said I wanted my trial. He consulted with the judge and my case was dismissed.
I got a judge in Arkansas to toss out a driving on a revoked license citation by showing up with my DMV report from the state of Arizona showing only my state ID had been canceled. When I got my permit. Which got canceled when I got my license. The judge wanted to schedule a hearing (that was just the plea hearing). I told him my car was in the parking lot, packed with everything I owned, ready to move back to Arizona. I was leaving DIRECTLY from the court to head back. He looked at my documents and dismissed the case. He muttered something under his breath about "then you can be Arizona's problem".
Always great to see your take on events. I've watched Mike's shorts (they ARE entertaining!) but wondered if they were actual deep dives into the laws or not. Thanks for counter balance and a fresh observation. Keep these videos coming, the public cries out for more!!!😄
3:40 surprisingly, Ive seen the delay tactic work in California. Most places it doesn't. In part of Texas cops can get disciplined by their department for missing a court date without a valid excuse. Most departments (especially rural departments) treat it like not showing up to any other shift without an excuse
Prob cuz in this case, heheh, we did talk to the police at the stand. But ig he could've said not to do that anyways cuz of how unlikely the police would just admit to guilt like he stated.
I work in specialize tool and I know about calibration. Calibration tool also need to calibrated and in a controlled environment like tempature, distance etc and it the same when it come to the tool itself.
Changing your court date after it's set DOES work here in Alberta - I've done it a half-dozen times. The thing is, the new date is set by a court clerk who doesn't have access to the cop's schedule :)
I think that what Andrew was talking about was not really the individual cop's schedule, but the fact that many municipalities do something like the second Tuesday of every month is for traffic tickets. So if you ask to postpone February's hearing, you'll end up being scheduled for March's, but it's still a date that cops expect to have to go to court for traffic tickets.
A lot of what Mike spoke of is true for California. I've gotten out of a couple of tickets due to no-shows. But the best one, which he didn't speak of, is the Engineering Survey. If the survey is not recent (I forget the requirement) and the survey that is in the courtroom (in California) is not an Original or a Certified Original, then there is no law to back up the speed limit sign that you were supposedly violating (or stop sign; this works for any traffic control device). I've gotten out of a ticket that way too... it was funny... the judge didn't rule there in the courtroom... he said he would, "rule by mail," because he KNEW if he ruled for me, that every other speeding ticket in his courtroom that day could get thrown out too. Now... in Nevada, it's different. They don't require the surveys to be in the courtroom; you have to subpoena them. And, Nevada DOT WILL NOT respond to any subpoenas for them. They flat out will not... and why? Because I'm told (by somebody in the know) that more than 90% of the traffic control devices in Nevada NO NOT HAVE ANY SURVEY. Nevada literally makes this stuff up as they go because they can get away with it. It is impossible to fight a ticket in Nevada because of the corruption of NDOT. And wow do they run speed traps! Every last-week-of-the-month, the cops are out in force to make sure they meet their quotas.
Also..... traffic courts are usually local courts, and at least the ones I've been involved with are kangaroo courts on a good day. They altered their own physical evidence live in court in front of everyone. Then the prosecutor committed perjory. I had to sue them in state court (won) TLDR - GET AN ATTORNEY.
I can say the one time I fought a speeding ticket in court, I did ask about the gun and its calibration and the officer didn't have that Info snd the judge did t care, I still lost my case.
The discovery request thing had two purposes: 1) actually find evidence and 2) pretty much guarantee the ticket will get dismissed if the request isn't followed. In every state I know, failure to comply with discovery means an automatic loss. And of course his info doesn't apply to every state. In Washington, for example, the officer doesn't have to show at all unless you actually subpoena them, and of course if you do, they _will_ show. Law by Mike does get a lot of things wrong or half-right. I've posted corrections and clarifications in his comments several times, and one of those times I was one of the first few commenters. That time, he took the video down a few minutes after my comment and uploaded a new one with the correct info two days later. The vast majority of his videos are shorts and judging by the comments, most of his viewers are teenagers. He's a lawtuber for the TikTok generation.
Last time I got a speeding ticket, DPS in Fayette County, TX, they had the radar gun calibration date on the ticket. Got that one dismissed by taking a "defensive driving" class online
1:25 if I'm not wrong, Mike is showing a case where he's not the defendant, the person is representing himself, so Mike is coaching as an outsider, as a narrator, not as a the lawyer if the person. I think there is a continuation video where he recommends something like "If you don't want to do this by yourself, contact me and don't talk to the police".
In states like Texas and California with large populations with even larger quotas they collect a bunch of tickets and don’t necessarily have to attend a lot of them because people with mostly just pay for them. Even just postponing a date for a week or two can pretty much guarantee that the cop isn’t going to be in the court.
I'm from Virginia and had a ticket dismissed because the state trooper that pulled me over was attending ceremonies for another trooper being killed. So that point could be hit or miss in the state. Although, it could have been the courts mess up, (inspection and tag ticket) only had tags replaced not inspection, it was already set to be dismissed apparently, they just let me walk out. To be fair it was rather strange...
10:28 spot on. There's a way to argue and question in court, and the average person, even if they do everything Mike says, will not be able to effectively do so.
In Kansas (Johnson County at least) you can go online, print a form, go to the courthouse, stand in line, pay the speeding fine plus some small amount, and your infraction is no longer a moving violation - ticket fixed with no lawyer fees. I love Kansas.
To be fair, in some jurisdictions neighboring VA, a lengthy discovery request can help in getting them to drop the charges for truly small traffic offenses where complying with the discovery is more effort than the small fine is worth.
I've actually had luck, when I was younger, and in Pennsylvania by just showing up to court, dressing appropriately, speaking respectfully, actually admitting to the infraction, and either getting the points on the license dropped (fine only, but no penalty toward insurance or driver's license), or the entire thing dropped. I haven't had a ticket in 20 years now because I'm older and not quite as stupid to go speeding around so things might have changed since.
This was my experience in PA when I lived up there. My last ticket was in 2007 but I averaged one per year before that. Always go to court if you get a ticket in PA…though do the most thorough research you can and be prepared to give a legitimate defense, even if you’re guilty as hell. Dress in proper business attire to be respectful of the occasion and be as polite as you can. I fought a few tickets and I never got one dismissed but I was offered a plea agreement every time…twice it was to plead guilty to “failure to obey a traffic control device”, which is a great deal for a speeder. At the time it was $100 and no points on your license; your insurance company never hears about it, so you take that deal 100% of the time unless you truly are not guilty and have a really good case to present.
Ditto MD. If you’re respectful, repentant and don’t have a record, they will usually cut you some slack. For me now they are all traffic cams, those get me all the time for some reason. IDK. 🤷♀️ 😂 (Truthfully because they put them in the worst possible places, have a zillion of them, and it’s hard to drive 30…)
But that’s not true of everyone. I was pulled over for tailgating when in reality I was slamming on my brakes to avoid a collision with someone that ran a stop sign. I saw the cop turn around and thought, good he’s going to get that guy for running a stop sign. Nope, the cop said he didn’t see anyone run a stop sign…smh. Luckily I just got a no points seatbelt ticket, even though I was wearing my seatbelt.
One night one of my sons got a ticket for squealing his tires. I told him to fight it, since the officer embellished his report to make the offense far worse than it actually was. The officer claimed he saw the car fishtailing, with his rear wheels spinning dramatically while my son peeled out from a gas station parking lot. UNFORTUNATELY, the car he was driving was his mother's front-wheel drive. It was impossible to make the rear wheels spin like that, or to fishtail on dry pavement. The cop was clearly lying. I went to court with my adult son to coach him on what to tell the judge, to discredit the officer's report. But when the judge read through the officer's report, he dismissed the ticket _sua sponte_ because in all his story-telling, the officer never mentioned the only element of the offence, which was making noise with the tires! And the officer didn't show up for the hearing, either. I told the city attorney that there was a problem with the officer's report beyond not specifying the element of the offense, namely, embellishing things that couldn't be true. So even though the dismissal was "without prejudice," the city never tried to bring the ticket forward again. Did my son make noise with the tires? Yes. He told me that he was transitioning from concrete to new asphalt, and the tires "chirped". But it wasn't intentional. If I had thought it was intentional, I would have advised him to just pay the ticket. But the officer was lying his butt off. I don't like that.
I got a speeding ticket many years back. Officer A was on an overpass I guess, clocking people, and Officer B would pull people over. Nice little setup they had going on. I was sure I wasn't speeding, but how could I prove it? No idea. I could have plead it out, maybe got a lower infraction, but I hired a lawyer to fight out of principle. I still have no idea what happened, but the lawyer phoned me up the day of the court date (I wasn't required to appear since the lawyer was representing me) and said the ticket was dismissed. No clue, and I was thankful enough that I didn't bother following up. I mean, it was just a minor ticket, like 68 in a 55 or something, but yeah, I was like "no way was I speeding" and yes, it did cost more for the lawyer than if I just paid the fine, but I wasn't having it, and I'm glad I did it that way. Years later though, I do find myself wondering what legal maneuvering was done... 🤔
Make sure that judge is in a Good mood - it ALWAYS helps with any court cases you have. You never want an angry judge - EVER - to be the one dealing with your case! (I was lucky that my judge was in a good mood and set my bail as low as legally possible!)
I attempted to watch, but he had nothing substantive to say. Additionally, I believe he's what's commonly referred to as an "ambulance chaser," a term I'm quite familiar with after being a paramedic for over 30 years.
I got a BIG ticket for parking in a fire lane in my city. On my street you could park on both sides of the street. The next street over had one side of the street only because the other was a fire lane. I never parked on a street because I had a garage. I was selling my house and did not want to have my car on the property because it was tiny. Anyway, I got a ticket I went to court. And I told the judge I was a moron. I would pay the ticket, but I did not want to have a parking in a fire lane on my record (I am not a jerk, people who park in fire lanes are jerks). He said, admitted morons in his courtroom will not be held accountable. When I was walking out, the next guy told the judge he was a moron, and the judge said that only works once.
My favorite BAD defense is “he said I was going x over the speed limit, I was only going y!” The last time I was in court for this, the judge said, “if you say this, you just admitted you’re guilty of speeding and I will not go easy on you.” I sat next to another woman who had no idea what she was going to say. It was a packed court, you didn’t even really walk up front before you were talking and keeping things moving. On my turn I basically said, “yep speeding, so sorry won’t happen again” hoping for lesser fines/ticket on insurance and got it. The other girl stood up and said “but I wasn’t going THAT fast, I was only doing y, keeping up with traffic wah.” The judge shook his head and said “thank you for admitting you were speeding”, and gave her I’m guessing the max fines/costs/penalties. Pay attention to what works while you’re sitting there. If you don’t hire a lawyer, you can try to go sit in that judges traffic court if you can to see what they are like and what will work, because they are different. Being respectful goes a long way, so does repentance, so long as you don’t already have a record.
I got told once that if the cop can't make the court date, they will literally schedule around that cop's availability to make sure they can be there. So unless that cop is, as Mike's friend said, "permanently" out of action, your ass is gonna be lookin' at that cop on court day lol. I will be honest! I love you both! You present facts in a fun, friendly way that is easy for me to make sense of! Mike is from Cali, and I am also from Cali, so I respect the ever loving snot out of his production values, his on camera personality, and the overall verve his videos have. You are both great creators!
The tactic my attorney uses, is to delay the trial for like 2 years. By then, the cop forgets, and usually doesn't show up, and it is dismissed. This has been the case for 100% of my NUMEROUS moving violations(speeding)
I know how the courts work. I was in traffic court, but sitting in ear-shot of the bench. Before the hearings started, the prosecutor was talking to the judge and said he was dropping x number of cases. The judge's response was "who's paying for that". Just a money grab.
I was pulled over for making an illegal left turn out of a shopping center in Pennsylvania, I got the ticket and then drove back with my father and we couldn't find any sign that said that it was illegal to make a left turn, we took pictures (it was 1986). Went to court, showed the judge the pictures, the cop said there was a sign, case closed, I was guilty. There is NO WAY to win if you're pro per with a traffic violation.
It's been almost 40 years since I had a ticket and got it thrown out, I'm almost 60. Dress well, be neat clean, don't necessarily need a suit and tie. Establish your credibility, i.e., I worked and live here...... and hopefully you can say you have good driving records. I was on my way to or from work, school, church, etc. but never the bar... Never call the cop a liar, rather say I believe the officer may have been mistaken because (insert a plausible reason given the circumstances). Never admit guilt. Say something to the effect of; when I saw the officer I made sure that I was doing the speed limit. Always be polite, calm and professional and make sure to address the judge as "your honor". I don't think an extra "your honor" or two hurts in an extended conversation. Even if the ticket doesn't get thrown out the fines/penalty may be reduced.
You’re not wrong. Respect goes a LONG way with officers and judges. That’s not to say there aren’t some jerks out there that just hate everyone equally, but that old flies and honey adage is fairly accurate.
7:13 A buddy of mine did that very thing. Cop couldn't produce the paper work, couldn't even say verbally the calibrations had been done . Judge dismissed the case. He even complemented my friend on his preparation. I could tell the real message was to the cop for _not_ being prepared.
"but officer... Weren't you paying attention to the road in front of you?! Checkmate! Your honor, case dismissed!" "Umm... I just told you that I saw your infraction in the rearview mirror"
i defended myself from a 'spinning tires during turn." won because as i asked the officer, "can you tell me if the noise came from my front tires or my back tires as i have a 'locker' (solid conection between my two back wheels), making the inside tire, with less to travel then my outside tire, causing the inside tire to turn more revolutions therefor it will make a skidding noise. Seeming as i was spinning my wheels as i made the turn. Cop said 'No' only that my tires made a noise consistent with excessive acceleration. Judge dismissed my charge. At the time my car did this with every turn as it always 'scrubbed' the inside tire. Locker life, bad for tires, great for traction. Judge must have had a vehicle with a locker type rear and knew what i meant.
I'm not sure if that court by mail thing is still valid advice.. but the way it used to work in Cali; showing up for court in person is automatic overtime, cops love going to court, they get OT on the drive there, while they wait for the case to be called, and the drive back. Doing it by mail isn't overtime, it's just extra paperwork. They rather ignore that than be late with a report, there's no punishment for not following through with a ticket, but being late with actual work can get you fired.
I must admit, I did get lucky with one of the scenarios described. It was the moving of a court date. I had jury duty the same day as court, so they moved the date. I showed up to court, the officer didn't, and my ticket was dismissed. I got lucky.
Many years ago I was able to get a ticket dismissed. I understood how radar’s of the day worked and how environmental conditions(weather) effected accuracy & due to the conditions I argued they couldn’t get an accurate speed reading. This argument will not work today, there have been many changes in the past 40+ years.
So I have heard that a cop traveling toward you in an opposite or oncoming direction cannot get an accurate detection of speed..and if you were to be pulled over and ticketed you could effectively challenge it in court…any truth to this?
I usually win my tickets. It's been awhile but the last one I won. It started out with the state delaying the trial. They delayed it 2 times because the cop could not show. Each time the state requested a continuance. Finally on the 3rd one, the cop didn't show. (Clearly he never intended to.) However, even after the cop did not show it was not an automatic win. I has to submit a motion to have it dismissed due to the 'speedy trial" rule. Which it was. Then I had to file a motion to get my bond back, which it was, 3 months later. The whole think took nearly a year. (Small town in Northern Nevada.) I had another time when I caught the officer in a lie. I asked that the case be dismissed since the witness was not reliable. The judge said "You've made your point, motion denied." I felt dumbfounded. I proved to the judge that the officers memory was inaccurate (which he agreed with) with physical evidence, but the judge did not care at all. I lost that one, and should have appealed but I let the time slip by. Speaking of which, most traffic tickets are in courts of non-record. Which have no appeals rights. You must put in a motion to move the case to a court of record. That's how they get most defendants. You only find out later when you try to file an appeal and there is no record to appeal. Lost one of those too. But only one. I learned after that. I could go on for sometime, but all the other ones are 20+ years ago. So thankfully I've not needed to fight any tickets. [Knock on wood.]
If you decide to challenge the cop in court, be prepared for the prosecution to object to just about every question you ask the cop. There are rules in court that determine how and what order you should ask your questions of your witness (in this case, the cop). This happened to me while representing myself for a speeding ticket. I almost won the case. Mine was the last one for the evening. And as I was leaving, the court reporter told me that I did remarkably well and that I had the ADA "flustered". Didn't matter. I still lost.
Have fought and won some.. It's all the things that you say, repeatedly. In the stop, do not admit to anything. Provide documentation that is required on request and keep your mouth shut otherwise. I knew I was in the right, did those things in the stop (in the 90's) and the defended myself in court. Had a reasonable judge that recognized that I did not admit any guilt. "I accelerated with the flow of traffic well before the on-ramp, to allow for a semi to move into the left lane and allow traffic to merge safely." It was true. Demonstrated that I was being an aware driver. Was trying to make the roadway safer. Did not admit any violation. Case was thrown out.
I fought one traffic in court. I told the judge I had already driven by where the cops were running radar so I knew they were there. I decided the waves sucked and was going to go home so I left driving past the radar trap again. I decide that a bad day in the water was better than a good day on the beach so why not at least try and catch a few waves. I headed back to the break and as I passed the speed trap a pickup license plate number xxx-xxx passed me and that was the guy actually speeding. Then I asked the judge, having seen the speed trap and knowing it was there, why would I speed past it? The ticket was tossed.
Got a ticket for supposedly running a red light. At the stop the officer never clarified where. He told me “it was back there.” When I got home I read the ticket and saw the intersection I ran a red light. There was no red light there. In fact the intersection is a golf course. So the officer wrote me a ticket and I’m being summoned to court for running a red light….at an intersection where there is no light. I have court on the 16th. Virginia Beach!!!! This will be fun
I watch both of your channels and enjoy both equally. What channel is definitely more informative to me here in the Commonwealth. I take the majority of his stuff as satire.
😁 "I wasn't the only one driving" Cop: I pulled you over for speeding Me: I was just keeping up with traffic Cop: You ever go fishing? Me: Yeah! Cop: You can't catch them all. HA!
Isn't the part about having evidence of an officer lying kind of a moot point? If they are lying then they certainly do not have the evidence needed to get you convicted, are they just hoping people will roll over and pay the fine or just plead guilty?
MM77 Approved 👍🏻👍🏻………………………………………I got a ticket in Surry County VA, the judge walked in and sat down and the FIRST THING out of his mouth was “ most of you in here are for speeding, I have looked at the Troopers calibration records of his radar and everything is up to date. So, if you can’t produce a mechanics certificate saying YOUR speedometer is out of calibration and that you have had it corrected, YOU ARE GUILTY! I don’t want to hear anything else! Call the first case .” The only good thing was I hadn’t had a ticket in20 years and he let me go to driving school.
That man should not be a judge if he is assuming people are guilty before the trial. The state has the burden to prove that you are guilty of the crime, not make you prove you are innocent of the crime.
PLEASE HELP 😭 an officer told me to get into his car and it was midnight and as a young woman I felt unsafe getting into a car with a man I didn’t know, officer or not. So I stood next to the passenger seat inside the open door and asked “is it ok if I just stand right here because I’m feeling a little unsafe getting into the car when I’ve heard stories of men impersonating officers before.” The officer threatened to arrest me if I didn’t get in 😭 I was even more scared now and asked if I could call his department first just to verify he was legit and he just threatens to arrest me and it got so scary. 😭 I promised I wasn’t going to run I just wanted to feel safe before I got into the car. He was so aggressive and started talking like I was hiding something. I just wanted to call someone before I got into his car alone in the middle of the night …. I was left severely traumatized … thank God he didn’t try to arrest me because the more aggressive he became the more I wondered if he really was an impersonator and I was going to be murdered if I got in his car 😭 is it within my right to ask for verification for safety before I put myself in a vulnerable position like that ? Or could he have arrested me just because I was too scared to sit down ? 😭 He also refused to tell me how fast I was going and that was so weird. He threatened to give me a ticket instead of a warning if I asked again how fast I was driving. And I was very polite as much as possible. I had never in my life heard of anyone being asked to get into an officer’s car before. So I felt so unsafe. I didn’t know that was something they do sometimes. So I was so scared to get in and when he threatened to arrest me, it made me feel less safe … I didn’t know what to do to protect myself
1- as soon as you are stopped you are technically detained, but unless you were doing a something suspicious 😂 they usually don’t ask you to leave your car. If you did this on your own, that is in itself suspicious.😭 2- you don’t come here for advice like that, 😂 it sounds like you’re just a cop hater/troll 😭 3- IF all you said IS true, 😭 go file a report with the department. If there is not a satisfactory response contact a lawyer. 🤦♀️
When I was a kid, our next door neighbor was a judge. So whenever one of us had a ticket (we lived in south florida so it's over policed and super corrupt) we'd knock on their door and say we had a ticket and he would tell the officer to "lose the paperwork". Then we'd go to court and the cop wouldn't have the paperwork, and poof, all gone. *100% effective* . He was a resourceful guy.
Get a dash cam for your vehicle. I was just found Not Guilty for a window tint violation in Mississippi. If it was not for my dash cam, I would've been found guilty.
I have a 3-camera dash cam for mine (front/back/cabin), but I'm curious about the circumstances for how the dash cam footage exonerated you for a tint violation. Did it catch the reading on the device (I'm guessing driver's windows half-way down), or did the officer say something contradictory on the stop?
Mike thinks he is a comedian and he is very very annoying. Evidently, Andrew thought his ideas were pretty funny too, but necessarily good legal advice.
subjective vs objective. I have DriveCams installed in both of my cars, which also feature GPS and speed monitoring with data storage in the cloud. Oh, I forgot; they voice record also. I have forward and rear facing.
Why is the defendant “testifying?” Probably because 98% of traffic violations are seen before a bench trial, and 99% of those bench trials don’t have attorneys present??? He is giving advice for how to represent yourself in traffic court…
1. We're talking California here. That's the land of olympic-level weirdness. So he COULD be right - or part of the weirdness. 2. Any doubt about your ability to convince regarding your case in court, get a GOOD lawyer. Suppose he charges $1K to beat a speeding ticket. Add up what the conviction might cost you in insurance premiums, and the consequences should you later accumulate any additional, and he doesn't sound so expensive. 3. It may be worthwhile to observe what happens in courts where you might appear. Some, you'll see predominantly fair and astute judges. Some, it's Judge Roy Bean. 4. Show respect to EVERYbody, from the stop onwards.
One outlier is a dirty lawyer and a corrupt police force. In ABQ over 100 DWI arrests were dismissed because of cops teaming up with one particular lawyer and accepting cash for cops to not show up in court. So, hire the right lawyer😂
In Ontario Canada I got a drunk in public ticket. It was for $70 I subpoenaed 10 police officers who had seen me while at the drunk tank including the officers who arrested me. I also submitted emotion for four different constitutional challenges against the ticket. I had challenged the guilty verdict that I was unaware of a year and 2 months after the conviction. In Ontario Canada you have 30 days after becoming aware of the conviction to appeal any convictions for tickets I had only became aware of the conviction 14 months false allegations by police In Ontario Canada for tickets you are only given 2 hour trial and have to apply for a motion to receive a longer Court date. I argued with the head of administration gor tickets and the trial coordinator that I had the right to a fair trial and a fair trial did not include me filing motions ask for permission for the time needed for me to represent myself in trial. A judge then gave me two more subpoenas for the chief administrator and for the trial coordinator to testify as to why their policy of giving me 2 hours of court time override my constitutional right to a fair trial Within weeks of me creating all this confusion and extra cost for the government they quickly withdrew my ticket. I know this avenue of fighting a ticket in Ontario Canada will work 99% of the time
In Washington State they have a win\win solution for first time offenders. Go to court, the Judge asks the everyone waiting if they are first time traffic offenders. He offers them an instant deal, they can immediately go on probations for 5-7 years and the points will not appear on their record. After probation, the ticket disappears from their record completely. If they get a traffic ticket during the probation period, the points appear on their record. This gives the first time offenders a second chance, and clears the court docket of a majority of people within 10 minutes because all those cases are processed at once, rather than one at time.
@@Nexesys That is good advice as long as the person makes a good faith effort to follow traffic laws. There are a lot people, who always feel they are not guilty no matter what they do and are looking to game the system by using tactics highlighted in this video.
Thank you! This channel is a more sophisticated look into the law for people that really want to know more. Law by Mike is more for everyday people looking to learn a bit about the law while being entertained. I wouldnt ever expect the advice there to be top of the line.
Cops and courts to citizens: "Ignorance of the law is no excuse."
Also cops and courts to citizens: "There is no possible way we can know every law so we have to have qualified immunity to protect us for when we break a law we did not know."
Apparently, qualified immunity protects the individual officer from liability, but you can still sue the institution they were working for. It doesn't protect them from criminal prosecution, but career prosecutors and DAs are usually unwilling to bring charges against officers unless the violation is egregious, or there's sufficient public attention to the incident.
@@raghavrao89 First, how does suing the entity that employs them punish the officer?
It doesn't, it punishes the taxpayers.
Sure, it may make the entity "punish" the officer but we all know that usually ends up being a paid vacation for the officer.
You are right it doesn't;t protect them from criminal prosecution but it makes it almost impossible to prosecute them.
You are correct about prosecutors not wanting to prosecute them.
They are all protecting each other.
It should not take massive fallout from the public for the right thing to be done when cops commit crimes.
The departments and the courts should automatically prosecute them without public pressure.
The police unions have a lot to do with that.
I don't mind qualified immunity in theory. Afterall police are the people that we designate to handle conflicts and people acting badly. Its a tough job and we don't want good cops to go bankrupt over an understandable mistake of a gray situation that pops up. However qualified immunity in practice has been stretched beyond all recognition and gotten cops to feel far too comfortable with misbehaving with impunity.
There is a good and simple way around this. "Okay, Officer Friendly, because you can't possibly know all the laws, you are hereby authorized to enforce only those laws for which you have demonstrated 100% proficiency. Any laws on the books for which you have not been specifically certified are not for you to concern yourself with."
@@jimland7176 What about understandable mistakes made by citizens that bankrupts them or gets them incarcerated?
Are cops above the law?
Qualified immunity makes them above the law.
There is no way to argue that qualified immunity doesn't make the above the law.
The very notion of qualified immunity is to make certain people above the law.
Normally those are called sovereign citizens.
Qualified immunity needs to be abolished nationwide.
I've fought a few traffic tickets. One, I was pulled over (this was in Massachusetts) and the officer sat in their car behind me for over 5 minutes. Then, another officer arrived behind them and the first officer left. Did not say a word to me on anything. The second officer came up and told me I was speeding (No, really I wasn't). I asked where the first officer was and the second officer said "he had to leave". When this case came up before the Clerk Magistrate, the second officer showed up for the hearing. I asked, "why did the first officer not contact me and did you see the supposed infraction?" The Magistrate agreed with me and said the first officer should have been the one to write the citation as he witnessed it. He did not allow the "Well my co-worker saw it so it must be true" argument. Case dismissed. Woo hoo!
Interesting, im from Mass…there is a limit to how long you can be detained on a traffic stop. Anytime allowed for a backup police officer to arrive on scene would likely be too long
I called the Manufacturer of the Radar equipment and I was told "One was Calibrated 6 Months after purchase the other has never been calibrated." The Town had 2 radar guns. Also, no one in that County was Certified to use their equipment according to the radar manufacturer. When I questioned the officer on his Certification; he side stepped the question 9-10 times. The Judge dismissed my case before I brought up the calibration issue.
I live in California and often the police do not show up for their court date. My girlfriend did have a court date where she fought a parking ticket and won. They gave her a parking ticket for campus saying that she parked in a space for official campus business. She happened to work for groundskeeping so she had her boss write a letter saying that her car was on official business when she parked there
Uh, yeah, I hired an attorney. He humiliated the cop, the ticket got tossed out by the judge. Problem solved.
How much did it cost? How much was the ticket?
@@FelipeNaranjaThe real question is how much would his insurance premium have gone up if he had taken the ticket? Long term, the lawyer is worth it.
@@FelipeNaranja Sometimes, the principal matters more.
Just to add to the group: to get my license back because of two tickets on my record with fines in total that were over $3600, I finally filed for a court case to fight them both, 1 week apart from each other; reason being I was moving out of LA at the time and kiiinda needed to be able to legally drive to do so.
First case: no show, dismissed, though I did happen to witness the couple just before my case get chewed out by the officer who was livid that they thought they'd get out of their ticket due to him not showing up. My guess is that particular stop didn't go so well.
Second case, the judge looked at me and asked if I thought this was a good idea, which did imply that the officer was in fact present, though was not confirmed. I told him that I was just doing it to get this off my record, and that I didn't even drive anymore but biked everywhere I needed to go (which was for the most part true). What he offered was to just pay the clerk fee (I forget what it actually was) of $45, and then the reinstatement fee at the DMV of $55.
Long story short: I got out of over 3 and a half grand of fees by going to court. The catch: I basically waited years before challenging these tickets, and by that amount of time it's possible the issuing officer isn't even in the force anymore. So take away from this what you will.
There's a city near me where the chief told all his officers "If you don't show up for court, you're getting suspended for a week without pay. Don't write tickets if you're not gonna show up for court!"
Andrew, radar by itself has not been a legal soul source for tickets in Indiana for years. Not since its flaws were proven to a judge in real time on an everyday street. Radar is easily beat in court, and I say this because I've done it. That's why Lidar is now the most used by police and it does require a 60 day certified calibration period in most states.
How to beat a ticket/charge: 1 - Shut up. 2 - Get a good, local attorney, 3 - Avoid VA
@@shawnpatrick1877the increase on your insurance premium for the next decade or so will cost you literally thousands, it is almost always worth it to contest a ticket.
@@shawnpatrick1877 Insurance rates.
Try the Uniden R7. My Escort passport did well, but not in VA. If you see blue lights, hide that shit. The R8 is not VA safe. It emits a signature detectable from a few hundred yards.
I went to court once. The judge ordered me to pay child support to the mother......for our kid that I was raising alone. You can't win in court.
Child Support laws are unjust and unfair and oftentimes the "offenses" are punished in a way which does not fit the "crime."
Child Support laws are designed to screw men over in a very bad way. Period.
Andrew seems to have plenty of stories that show that you can win in court.
Family law this is Criminal
Family court is messed up
Divorce/family court is a whole other monster that suffers from severe discrimination issues. Traffic court and even criminal court is significantly more just and nonpartisan.
he's talking about discovery procedures in California. Haven't been there in a while, but California used an informal discovery request procedure as I remember initiated by a discovery letter to the prosecutor served at the time of first appearance that just repeated statutory discovery obligations that the government already had. If discoverable matters were not produced then a motion to compel would follow. YMMV
Some years ago I got a speeding ticket from a local cop in the small town I live in. I was planning on going to court to plead guilty and ask for supervision, pay a fine and keep a guilty plea off my record. About a week before the court date I read the officer had been hit by a drunk driver while she was standing behind her car. She lost her leg. I figured she'd be laid up for quite some time so when I went to court I didn't ask for supervision, I pleaded Not Guilty. That meant the officer would have to be present to testify against me. The case was continued a couple of times, the DA gave me a real hard time about further delays but I said I wanted my trial. He consulted with the judge and my case was dismissed.
I got a judge in Arkansas to toss out a driving on a revoked license citation by showing up with my DMV report from the state of Arizona showing only my state ID had been canceled. When I got my permit. Which got canceled when I got my license. The judge wanted to schedule a hearing (that was just the plea hearing). I told him my car was in the parking lot, packed with everything I owned, ready to move back to Arizona. I was leaving DIRECTLY from the court to head back. He looked at my documents and dismissed the case. He muttered something under his breath about "then you can be Arizona's problem".
Always great to see your take on events. I've watched Mike's shorts (they ARE entertaining!) but wondered if they were actual deep dives into the laws or not. Thanks for counter balance and a fresh observation. Keep these videos coming, the public cries out for more!!!😄
3:40 surprisingly, Ive seen the delay tactic work in California. Most places it doesn't. In part of Texas cops can get disciplined by their department for missing a court date without a valid excuse. Most departments (especially rural departments) treat it like not showing up to any other shift without an excuse
I’m very disappointed in this video. Only because you didn’t say “don’t talk to the police” at the end.
Prob cuz in this case, heheh, we did talk to the police at the stand. But ig he could've said not to do that anyways cuz of how unlikely the police would just admit to guilt like he stated.
I work in specialize tool and I know about calibration.
Calibration tool also need to calibrated and in a controlled environment like tempature, distance etc and it the same when it come to the tool itself.
Changing your court date after it's set DOES work here in Alberta - I've done it a half-dozen times. The thing is, the new date is set by a court clerk who doesn't have access to the cop's schedule :)
I think that what Andrew was talking about was not really the individual cop's schedule, but the fact that many municipalities do something like the second Tuesday of every month is for traffic tickets. So if you ask to postpone February's hearing, you'll end up being scheduled for March's, but it's still a date that cops expect to have to go to court for traffic tickets.
A lot of what Mike spoke of is true for California. I've gotten out of a couple of tickets due to no-shows. But the best one, which he didn't speak of, is the Engineering Survey. If the survey is not recent (I forget the requirement) and the survey that is in the courtroom (in California) is not an Original or a Certified Original, then there is no law to back up the speed limit sign that you were supposedly violating (or stop sign; this works for any traffic control device). I've gotten out of a ticket that way too... it was funny... the judge didn't rule there in the courtroom... he said he would, "rule by mail," because he KNEW if he ruled for me, that every other speeding ticket in his courtroom that day could get thrown out too.
Now... in Nevada, it's different. They don't require the surveys to be in the courtroom; you have to subpoena them. And, Nevada DOT WILL NOT respond to any subpoenas for them. They flat out will not... and why? Because I'm told (by somebody in the know) that more than 90% of the traffic control devices in Nevada NO NOT HAVE ANY SURVEY. Nevada literally makes this stuff up as they go because they can get away with it. It is impossible to fight a ticket in Nevada because of the corruption of NDOT. And wow do they run speed traps! Every last-week-of-the-month, the cops are out in force to make sure they meet their quotas.
The judge ruled by mail showed that his only job is to raise revenue as long as the defendants don't know the law.
Can you tell us more about the Engineering Survey? I'm not quite following what it is and how to find it.
@@runefoonman4103 I was gonna use a Jack Burton quote.
"I don't even know what the hell that means!"
Also..... traffic courts are usually local courts, and at least the ones I've been involved with are kangaroo courts on a good day. They altered their own physical evidence live in court in front of everyone. Then the prosecutor committed perjory. I had to sue them in state court (won) TLDR - GET AN ATTORNEY.
That knee capping part was hilarious.
I can say the one time I fought a speeding ticket in court, I did ask about the gun and its calibration and the officer didn't have that Info snd the judge did t care, I still lost my case.
Ive gotten out of multiple tickets in CA because the officer didn’t show up
The discovery request thing had two purposes: 1) actually find evidence and 2) pretty much guarantee the ticket will get dismissed if the request isn't followed. In every state I know, failure to comply with discovery means an automatic loss. And of course his info doesn't apply to every state. In Washington, for example, the officer doesn't have to show at all unless you actually subpoena them, and of course if you do, they _will_ show.
Law by Mike does get a lot of things wrong or half-right. I've posted corrections and clarifications in his comments several times, and one of those times I was one of the first few commenters. That time, he took the video down a few minutes after my comment and uploaded a new one with the correct info two days later. The vast majority of his videos are shorts and judging by the comments, most of his viewers are teenagers. He's a lawtuber for the TikTok generation.
Last time I got a speeding ticket, DPS in Fayette County, TX, they had the radar gun calibration date on the ticket.
Got that one dismissed by taking a "defensive driving" class online
1:25 if I'm not wrong, Mike is showing a case where he's not the defendant, the person is representing himself, so Mike is coaching as an outsider, as a narrator, not as a the lawyer if the person. I think there is a continuation video where he recommends something like "If you don't want to do this by yourself, contact me and don't talk to the police".
In states like Texas and California with large populations with even larger quotas they collect a bunch of tickets and don’t necessarily have to attend a lot of them because people with mostly just pay for them. Even just postponing a date for a week or two can pretty much guarantee that the cop isn’t going to be in the court.
I'm from Virginia and had a ticket dismissed because the state trooper that pulled me over was attending ceremonies for another trooper being killed. So that point could be hit or miss in the state. Although, it could have been the courts mess up, (inspection and tag ticket) only had tags replaced not inspection, it was already set to be dismissed apparently, they just let me walk out. To be fair it was rather strange...
So what I am hearing is don’t move to Virginia
This seemed personal.
I always enjoy your very informative and amusing videos.🌞
10:28 spot on. There's a way to argue and question in court, and the average person, even if they do everything Mike says, will not be able to effectively do so.
The dude at 0:40 looks like Caleb Hammer's doppelganger.
In Kansas (Johnson County at least) you can go online, print a form, go to the courthouse, stand in line, pay the speeding fine plus some small amount, and your infraction is no longer a moving violation - ticket fixed with no lawyer fees. I love Kansas.
Was that a deferral, maybe?
Still not worth it to live in Kansas.
Have you tried to get sponsored by a dashcam? Just a curious thought.
I hope you are doing great. It's good to see you here.
This should have been a Virginia vs Cali laws. Not right/wrong.
Sarah Boone is a perfect example of looking up laws, etc, while not understanding how they actually apply, or not, to her particular case.
CA resident. I've had traffic tickets dismissed by postponing them a couple times and the cop didn't bother showing up.
You got no choice here in Georgia
That tells you more about California government employees.
To be fair, in some jurisdictions neighboring VA, a lengthy discovery request can help in getting them to drop the charges for truly small traffic offenses where complying with the discovery is more effort than the small fine is worth.
I've actually had luck, when I was younger, and in Pennsylvania by just showing up to court, dressing appropriately, speaking respectfully, actually admitting to the infraction, and either getting the points on the license dropped (fine only, but no penalty toward insurance or driver's license), or the entire thing dropped. I haven't had a ticket in 20 years now because I'm older and not quite as stupid to go speeding around so things might have changed since.
This was my experience in PA when I lived up there. My last ticket was in 2007 but I averaged one per year before that. Always go to court if you get a ticket in PA…though do the most thorough research you can and be prepared to give a legitimate defense, even if you’re guilty as hell. Dress in proper business attire to be respectful of the occasion and be as polite as you can. I fought a few tickets and I never got one dismissed but I was offered a plea agreement every time…twice it was to plead guilty to “failure to obey a traffic control device”, which is a great deal for a speeder. At the time it was $100 and no points on your license; your insurance company never hears about it, so you take that deal 100% of the time unless you truly are not guilty and have a really good case to present.
Ditto MD. If you’re respectful, repentant and don’t have a record, they will usually cut you some slack.
For me now they are all traffic cams, those get me all the time for some reason. IDK. 🤷♀️ 😂 (Truthfully because they put them in the worst possible places, have a zillion of them, and it’s hard to drive 30…)
I have never been pulled over for speeding when I wasn't speeding.
But that’s not true of everyone. I was pulled over for tailgating when in reality I was slamming on my brakes to avoid a collision with someone that ran a stop sign. I saw the cop turn around and thought, good he’s going to get that guy for running a stop sign. Nope, the cop said he didn’t see anyone run a stop sign…smh. Luckily I just got a no points seatbelt ticket, even though I was wearing my seatbelt.
Love it! Me neither.
One night one of my sons got a ticket for squealing his tires. I told him to fight it, since the officer embellished his report to make the offense far worse than it actually was. The officer claimed he saw the car fishtailing, with his rear wheels spinning dramatically while my son peeled out from a gas station parking lot. UNFORTUNATELY, the car he was driving was his mother's front-wheel drive. It was impossible to make the rear wheels spin like that, or to fishtail on dry pavement. The cop was clearly lying. I went to court with my adult son to coach him on what to tell the judge, to discredit the officer's report. But when the judge read through the officer's report, he dismissed the ticket _sua sponte_ because in all his story-telling, the officer never mentioned the only element of the offence, which was making noise with the tires! And the officer didn't show up for the hearing, either. I told the city attorney that there was a problem with the officer's report beyond not specifying the element of the offense, namely, embellishing things that couldn't be true. So even though the dismissal was "without prejudice," the city never tried to bring the ticket forward again.
Did my son make noise with the tires? Yes. He told me that he was transitioning from concrete to new asphalt, and the tires "chirped". But it wasn't intentional. If I had thought it was intentional, I would have advised him to just pay the ticket. But the officer was lying his butt off. I don't like that.
I got a speeding ticket many years back. Officer A was on an overpass I guess, clocking people, and Officer B would pull people over. Nice little setup they had going on. I was sure I wasn't speeding, but how could I prove it? No idea. I could have plead it out, maybe got a lower infraction, but I hired a lawyer to fight out of principle.
I still have no idea what happened, but the lawyer phoned me up the day of the court date (I wasn't required to appear since the lawyer was representing me) and said the ticket was dismissed. No clue, and I was thankful enough that I didn't bother following up. I mean, it was just a minor ticket, like 68 in a 55 or something, but yeah, I was like "no way was I speeding" and yes, it did cost more for the lawyer than if I just paid the fine, but I wasn't having it, and I'm glad I did it that way.
Years later though, I do find myself wondering what legal maneuvering was done...
🤔
Make sure that judge is in a Good mood - it ALWAYS helps with any court cases you have. You never want an angry judge - EVER - to be the one dealing with your case!
(I was lucky that my judge was in a good mood and set my bail as low as legally possible!)
I attempted to watch, but he had nothing substantive to say. Additionally, I believe he's what's commonly referred to as an "ambulance chaser," a term I'm quite familiar with after being a paramedic for over 30 years.
Ever had the bus literally chased by a lawyer?
Sure have, "One call that all."
Whom do you mean?
I got a BIG ticket for parking in a fire lane in my city. On my street you could park on both sides of the street. The next street over had one side of the street only because the other was a fire lane. I never parked on a street because I had a garage. I was selling my house and did not want to have my car on the property because it was tiny. Anyway, I got a ticket I went to court. And I told the judge I was a moron. I would pay the ticket, but I did not want to have a parking in a fire lane on my record (I am not a jerk, people who park in fire lanes are jerks). He said, admitted morons in his courtroom will not be held accountable. When I was walking out, the next guy told the judge he was a moron, and the judge said that only works once.
My favorite BAD defense is “he said I was going x over the speed limit, I was only going y!” The last time I was in court for this, the judge said, “if you say this, you just admitted you’re guilty of speeding and I will not go easy on you.” I sat next to another woman who had no idea what she was going to say. It was a packed court, you didn’t even really walk up front before you were talking and keeping things moving. On my turn I basically said, “yep speeding, so sorry won’t happen again” hoping for lesser fines/ticket on insurance and got it. The other girl stood up and said “but I wasn’t going THAT fast, I was only doing y, keeping up with traffic wah.” The judge shook his head and said “thank you for admitting you were speeding”, and gave her I’m guessing the max fines/costs/penalties.
Pay attention to what works while you’re sitting there. If you don’t hire a lawyer, you can try to go sit in that judges traffic court if you can to see what they are like and what will work, because they are different. Being respectful goes a long way, so does repentance, so long as you don’t already have a record.
I got told once that if the cop can't make the court date, they will literally schedule around that cop's availability to make sure they can be there. So unless that cop is, as Mike's friend said, "permanently" out of action, your ass is gonna be lookin' at that cop on court day lol.
I will be honest! I love you both! You present facts in a fun, friendly way that is easy for me to make sense of! Mike is from Cali, and I am also from Cali, so I respect the ever loving snot out of his production values, his on camera personality, and the overall verve his videos have.
You are both great creators!
The tactic my attorney uses, is to delay the trial for like 2 years. By then, the cop forgets, and usually doesn't show up, and it is dismissed. This has been the case for 100% of my NUMEROUS moving violations(speeding)
I know how the courts work. I was in traffic court, but sitting in ear-shot of the bench. Before the hearings started, the prosecutor was talking to the judge and said he was dropping x number of cases. The judge's response was "who's paying for that". Just a money grab.
I was pulled over for making an illegal left turn out of a shopping center in Pennsylvania, I got the ticket and then drove back with my father and we couldn't find any sign that said that it was illegal to make a left turn, we took pictures (it was 1986). Went to court, showed the judge the pictures, the cop said there was a sign, case closed, I was guilty. There is NO WAY to win if you're pro per with a traffic violation.
It's been almost 40 years since I had a ticket and got it thrown out, I'm almost 60. Dress well, be neat clean, don't necessarily need a suit and tie. Establish your credibility, i.e., I worked and live here...... and hopefully you can say you have good driving records. I was on my way to or from work, school, church, etc. but never the bar... Never call the cop a liar, rather say I believe the officer may have been mistaken because (insert a plausible reason given the circumstances). Never admit guilt. Say something to the effect of; when I saw the officer I made sure that I was doing the speed limit. Always be polite, calm and professional and make sure to address the judge as "your honor". I don't think an extra "your honor" or two hurts in an extended conversation. Even if the ticket doesn't get thrown out the fines/penalty may be reduced.
You’re not wrong. Respect goes a LONG way with officers and judges. That’s not to say there aren’t some jerks out there that just hate everyone equally, but that old flies and honey adage is fairly accurate.
7:13 A buddy of mine did that very thing. Cop couldn't produce the paper work, couldn't even say verbally the calibrations had been done . Judge dismissed the case. He even complemented my friend on his preparation. I could tell the real message was to the cop for _not_ being prepared.
"but officer... Weren't you paying attention to the road in front of you?! Checkmate! Your honor, case dismissed!"
"Umm... I just told you that I saw your infraction in the rearview mirror"
i defended myself from a 'spinning tires during turn." won because as i asked the officer, "can you tell me if the noise came from my front tires or my back tires as i have a 'locker' (solid conection between my two back wheels), making the inside tire, with less to travel then my outside tire, causing the inside tire to turn more revolutions therefor it will make a skidding noise. Seeming as i was spinning my wheels as i made the turn. Cop said 'No' only that my tires made a noise consistent with excessive acceleration. Judge dismissed my charge. At the time my car did this with every turn as it always 'scrubbed' the inside tire. Locker life, bad for tires, great for traction. Judge must have had a vehicle with a locker type rear and knew what i meant.
I'm not sure if that court by mail thing is still valid advice.. but the way it used to work in Cali; showing up for court in person is automatic overtime, cops love going to court, they get OT on the drive there, while they wait for the case to be called, and the drive back. Doing it by mail isn't overtime, it's just extra paperwork. They rather ignore that than be late with a report, there's no punishment for not following through with a ticket, but being late with actual work can get you fired.
I must admit, I did get lucky with one of the scenarios described. It was the moving of a court date. I had jury duty the same day as court, so they moved the date. I showed up to court, the officer didn't, and my ticket was dismissed. I got lucky.
Hardly anybody fights tickets so it's hard to observe a court battle.
Many years ago I was able to get a ticket dismissed. I understood how radar’s of the day worked and how environmental conditions(weather) effected accuracy & due to the conditions I argued they couldn’t get an accurate speed reading. This argument will not work today, there have been many changes in the past 40+ years.
So I have heard that a cop traveling toward you in an opposite or oncoming direction cannot get an accurate detection of speed..and if you were to be pulled over and ticketed you could effectively challenge it in court…any truth to this?
I did a trial by declaration once and beat a $300 ticket for a gore point violation.
I am ignoring of the law: no excuse
Cop ignorant of the law: qualified immunity
I usually win my tickets. It's been awhile but the last one I won. It started out with the state delaying the trial. They delayed it 2 times because the cop could not show. Each time the state requested a continuance. Finally on the 3rd one, the cop didn't show. (Clearly he never intended to.) However, even after the cop did not show it was not an automatic win. I has to submit a motion to have it dismissed due to the 'speedy trial" rule. Which it was. Then I had to file a motion to get my bond back, which it was, 3 months later. The whole think took nearly a year. (Small town in Northern Nevada.) I had another time when I caught the officer in a lie. I asked that the case be dismissed since the witness was not reliable. The judge said "You've made your point, motion denied." I felt dumbfounded. I proved to the judge that the officers memory was inaccurate (which he agreed with) with physical evidence, but the judge did not care at all. I lost that one, and should have appealed but I let the time slip by. Speaking of which, most traffic tickets are in courts of non-record. Which have no appeals rights. You must put in a motion to move the case to a court of record. That's how they get most defendants. You only find out later when you try to file an appeal and there is no record to appeal. Lost one of those too. But only one. I learned after that. I could go on for sometime, but all the other ones are 20+ years ago. So thankfully I've not needed to fight any tickets. [Knock on wood.]
If you decide to challenge the cop in court, be prepared for the prosecution to object to just about every question you ask the cop. There are rules in court that determine how and what order you should ask your questions of your witness (in this case, the cop). This happened to me while representing myself for a speeding ticket. I almost won the case. Mine was the last one for the evening. And as I was leaving, the court reporter told me that I did remarkably well and that I had the ADA "flustered". Didn't matter. I still lost.
Have fought and won some.. It's all the things that you say, repeatedly. In the stop, do not admit to anything. Provide documentation that is required on request and keep your mouth shut otherwise.
I knew I was in the right, did those things in the stop (in the 90's) and the defended myself in court. Had a reasonable judge that recognized that I did not admit any guilt. "I accelerated with the flow of traffic well before the on-ramp, to allow for a semi to move into the left lane and allow traffic to merge safely."
It was true.
Demonstrated that I was being an aware driver.
Was trying to make the roadway safer.
Did not admit any violation.
Case was thrown out.
I fought one traffic in court. I told the judge I had already driven by where the cops were running radar so I knew they were there. I decided the waves sucked and was going to go home so I left driving past the radar trap again. I decide that a bad day in the water was better than a good day on the beach so why not at least try and catch a few waves. I headed back to the break and as I passed the speed trap a pickup license plate number xxx-xxx passed me and that was the guy actually speeding. Then I asked the judge, having seen the speed trap and knowing it was there, why would I speed past it? The ticket was tossed.
Got a ticket for supposedly running a red light. At the stop the officer never clarified where. He told me “it was back there.”
When I got home I read the ticket and saw the intersection I ran a red light. There was no red light there. In fact the intersection is a golf course.
So the officer wrote me a ticket and I’m being summoned to court for running a red light….at an intersection where there is no light.
I have court on the 16th. Virginia Beach!!!! This will be fun
Discovery in VA. How do we request body/dashcam video from the court?
I've seen cops with handheld radar guns in almost every state I've driven in. And that's almost 2/3 of the country.
I watch both of your channels and enjoy both equally. What channel is definitely more informative to me here in the Commonwealth. I take the majority of his stuff as satire.
😁 "I wasn't the only one driving"
Cop: I pulled you over for speeding
Me: I was just keeping up with traffic
Cop: You ever go fishing?
Me: Yeah!
Cop: You can't catch them all.
HA!
From the bulk of agencies in the country certain paper work is bad considering all the issues that pop up on the interweb
Isn't the part about having evidence of an officer lying kind of a moot point? If they are lying then they certainly do not have the evidence needed to get you convicted, are they just hoping people will roll over and pay the fine or just plead guilty?
MM77 Approved 👍🏻👍🏻………………………………………I got a ticket in Surry County VA, the judge walked in and sat down and the FIRST THING out of his mouth was “ most of you in here are for speeding, I have looked at the Troopers calibration records of his radar and everything is up to date. So, if you can’t produce a mechanics certificate saying YOUR speedometer is out of calibration and that you have had it corrected, YOU ARE GUILTY! I don’t want to hear anything else! Call the first case .” The only good thing was I hadn’t had a ticket in20 years and he let me go to driving school.
That man should not be a judge if he is assuming people are guilty before the trial. The state has the burden to prove that you are guilty of the crime, not make you prove you are innocent of the crime.
PLEASE HELP 😭 an officer told me to get into his car and it was midnight and as a young woman I felt unsafe getting into a car with a man I didn’t know, officer or not. So I stood next to the passenger seat inside the open door and asked “is it ok if I just stand right here because I’m feeling a little unsafe getting into the car when I’ve heard stories of men impersonating officers before.” The officer threatened to arrest me if I didn’t get in 😭 I was even more scared now and asked if I could call his department first just to verify he was legit and he just threatens to arrest me and it got so scary. 😭 I promised I wasn’t going to run I just wanted to feel safe before I got into the car. He was so aggressive and started talking like I was hiding something. I just wanted to call someone before I got into his car alone in the middle of the night …. I was left severely traumatized … thank God he didn’t try to arrest me because the more aggressive he became the more I wondered if he really was an impersonator and I was going to be murdered if I got in his car 😭 is it within my right to ask for verification for safety before I put myself in a vulnerable position like that ? Or could he have arrested me just because I was too scared to sit down ? 😭
He also refused to tell me how fast I was going and that was so weird. He threatened to give me a ticket instead of a warning if I asked again how fast I was driving. And I was very polite as much as possible. I had never in my life heard of anyone being asked to get into an officer’s car before. So I felt so unsafe. I didn’t know that was something they do sometimes. So I was so scared to get in and when he threatened to arrest me, it made me feel less safe … I didn’t know what to do to protect myself
1- as soon as you are stopped you are technically detained, but unless you were doing a something suspicious 😂 they usually don’t ask you to leave your car. If you did this on your own, that is in itself suspicious.😭
2- you don’t come here for advice like that, 😂 it sounds like you’re just a cop hater/troll 😭
3- IF all you said IS true, 😭 go file a report with the department. If there is not a satisfactory response contact a lawyer. 🤦♀️
When I was a kid, our next door neighbor was a judge. So whenever one of us had a ticket (we lived in south florida so it's over policed and super corrupt) we'd knock on their door and say we had a ticket and he would tell the officer to "lose the paperwork". Then we'd go to court and the cop wouldn't have the paperwork, and poof, all gone. *100% effective* . He was a resourceful guy.
@LeakyPasteur It's hit or miss.
Usually miss.
The people are friendly though, I have to give props to the people who are chill.
@LeakyPasteurbetter than CA or any blue state.
Thanks! I thought his videos seemed questionable; but I don't know California probate or traffic laws and procedure all that well.
Mike's "99%" claim is just to get views.
Get a dash cam for your vehicle. I was just found Not Guilty for a window tint violation in Mississippi. If it was not for my dash cam, I would've been found guilty.
I have a 3-camera dash cam for mine (front/back/cabin), but I'm curious about the circumstances for how the dash cam footage exonerated you for a tint violation. Did it catch the reading on the device (I'm guessing driver's windows half-way down), or did the officer say something contradictory on the stop?
So, each state is different. Discovery is a thing in Washington state
Thank you
Mike thinks he is a comedian and he is very very annoying. Evidently, Andrew thought his ideas were pretty funny too, but necessarily good legal advice.
subjective vs objective. I have DriveCams installed in both of my cars, which also feature GPS and speed monitoring with data storage in the cloud. Oh, I forgot; they voice record also. I have forward and rear facing.
I got out of a ticket because the cop didn't show up. The court date had been postponed
Why is the defendant “testifying?” Probably because 98% of traffic violations are seen before a bench trial, and 99% of those bench trials don’t have attorneys present??? He is giving advice for how to represent yourself in traffic court…
That lawyer looks like the Tin Man from the Wizard of Oz.
This is way too much for a simple traffic ticket unless you know you're innocent and wants to prove a point.
1. We're talking California here. That's the land of olympic-level weirdness. So he COULD be right - or part of the weirdness.
2. Any doubt about your ability to convince regarding your case in court, get a GOOD lawyer. Suppose he charges $1K to beat a speeding ticket. Add up what the conviction might cost you in insurance premiums, and the consequences should you later accumulate any additional, and he doesn't sound so expensive.
3. It may be worthwhile to observe what happens in courts where you might appear. Some, you'll see predominantly fair and astute judges. Some, it's Judge Roy Bean.
4. Show respect to EVERYbody, from the stop onwards.
I went to court… and the law won! 😂 is what ppl should follow Mikes advice would be singing 😂😂😂
One outlier is a dirty lawyer and a corrupt police force. In ABQ over 100 DWI arrests were dismissed because of cops teaming up with one particular lawyer and accepting cash for cops to not show up in court. So, hire the right lawyer😂
In Ontario Canada I got a drunk in public ticket. It was for $70 I subpoenaed 10 police officers who had seen me while at the drunk tank including the officers who arrested me.
I also submitted emotion for four different constitutional challenges against the ticket.
I had challenged the guilty verdict that I was unaware of a year and 2 months after the conviction. In Ontario Canada you have 30 days after becoming aware of the conviction to appeal any convictions for tickets
I had only became aware of the conviction 14 months false allegations by police
In Ontario Canada for tickets you are only given 2 hour trial and have to apply for a motion to receive a longer Court date.
I argued with the head of administration gor tickets and the trial coordinator that I had the right to a fair trial and a fair trial did not include me filing motions ask for permission for the time needed for me to represent myself in trial.
A judge then gave me two more subpoenas for the chief administrator and for the trial coordinator to testify as to why their policy of giving me 2 hours of court time override my constitutional right to a fair trial
Within weeks of me creating all this confusion and extra cost for the government they quickly withdrew my ticket. I know this avenue of fighting a ticket in Ontario Canada will work 99% of the time
I have seen law by Mike a few times.
In Washington State they have a win\win solution for first time offenders. Go to court, the Judge asks the everyone waiting if they are first time traffic offenders. He offers them an instant deal, they can immediately go on probations for 5-7 years and the points will not appear on their record. After probation, the ticket disappears from their record completely. If they get a traffic ticket during the probation period, the points appear on their record. This gives the first time offenders a second chance, and clears the court docket of a majority of people within 10 minutes because all those cases are processed at once, rather than one at time.
Never admit guilt if your innocent.
@@Nexesys That is good advice as long as the person makes a good faith effort to follow traffic laws. There are a lot people, who always feel they are not guilty no matter what they do and are looking to game the system by using tactics highlighted in this video.
@nrnoble they are essentially taking a plea. The conviction rate must be through the roof.
5-7! That’s a long time. lol in my day it was 2.
interesting video topic, I like a lot of the points you bring up. I wasn't a big fan of mike to begin with but he makes some interesting content.
And you gotta see Ugo Lord
The guy who has won 100% of the ONE case he has been to court for?
You're the best. If I ever get snagged in Virginia, you'll be my attorney
One thing that cops will give false information about is weather conditions.
yeah a lawyer is functionally useless next to a doctor. A lawyer dissects words - a doctor dissects people.
Thank you! This channel is a more sophisticated look into the law for people that really want to know more.
Law by Mike is more for everyday people looking to learn a bit about the law while being entertained. I wouldnt ever expect the advice there to be top of the line.
Life is too short, pay the ticket.