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Busted!! I need Legal Advice! Got a ticket for something stupid? Think you should fit it in court? Post it up and I am sure everyone will give feedback

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Old 04-08-2008, 04:45 PM   #1 (permalink)
dealsgapdragon
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Default Driver wins $26-million for speeding ticket

Great job! Was this guy pro se, or does he have to buy his lawyer an island in the Caribbean?

Quote:


UK: Top Speed Camera Trap Caught Tricking Motorists at Night

The most profitable UK speed camera issued $26 million in tickets at night when a speed limit change warning sign was completely unlit.

TheNewspaper.com
4/7/2008

The UK's most profitable speed camera that has been sending £60 (US $120) tickets to vehicle owners at the rate of 2000 per day may now be forced to issue refunds. The device, located on the southbound M11 at Woodford, Essex is situated at the point where the speed limit suddenly drops from 70 MPH to 50 MPH. Last month motorist Simon Grills forced the Crown Prosecution Service to drop his speed camera ticket after he proved the signs warning of the speed change were effectively invisible at night. Grills produced evidence showing the lights meant to illuminate the signs had been burned out since November 18, 2005. Grills had spent months fighting the ticket he received in September 2006.

"When I got flashed I couldn't work out how I'd missed the sign," Grills told the Sunday Mirror newspaper. "Then it clicked -- it's simply not visible at night."

The Mirror estimated that since the bulbs burned out at least 214,000 drivers had been trapped by the camera at night, generating £13 million (US $26 million) in revenue.

The speed camera in question has been the center of controversy since it was first installed, inspiring one group to take its disagreement outside the courtroom. Captain Gatso, the leader of the anti-photo enforcement vigilante organization known as Motorists Against Detection (MAD), cited the M11 camera as evidence that officials were engaging in "fleecing, not policing" and proceeded to use a heavy truck to yank the device off of its mounting in late 2002.

"We have spoken to numerous police officers and emergency service personnel countrywide and they agree that the majority of speed cameras are sited for revenue, not safety, and in a lot of cases they just impede general progress," Captain Gatso said in a statement at the time.

Source: Over 200,000 drivers could get speed camera refund - Sunday Mirror 3/30/2008

Youtube - Sportbikers Firebomb Gatso Speed Camera
Every traffic ticket trial is potentially a class action to refund all tickets.

Quote:

Norman Fernandez attorney at law

"It is extremely easy to beat this type of ticket in court. Your easiest defense is to simply throw the ticket away. If it does not come with a return receipt that requires a signature, there is no proof that you actually got the ticket and they cannot prosecute you on that. What the legal system wants you to do is just send in the fine and not ask any questions. This can be a big money maker for some communities. One other form of defense to utilize on your behalf is the fact that when you are accused in court you must be faced by your accuser. Obviously the computer cannot appear in court as a defense method for the prosecution. Also, you do not have to identify yourself as the driver of the vehicle because it would violate your sixth amendment rights against self incrimination."
-Norman G. Fernandez, biker attorney at law, How to Beat a Speeding Ticket - Photo RADAR

How to Beat a Speeding Ticket - Free Ebook download by attorney Norman G. Fernandez at BikerLawyer.net
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Last edited by dealsgapdragon : 04-08-2008 at 05:01 PM.
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