What you need to do after beating that traffic ticket, When beating that traffic ticket just ain't enough,

OFF THE WIRE
When beating that traffic ticket just ain't enough

With the ever failing U.S. economy, more Americans may opt to fight
the commonly overpriced traffic ticket. As it stands, a mere 2 or 3
per cent of people generally choose to plead not guilty after being
ticketed by a traffic cop. This small number of resisters says an
awful lot about the submissive nature of Americans. Many are probably
tired after working all week, struggling to pay the bills and feed
their families. Fighting a ticket, although probably the least
difficult way to resist government, just seems to onerous and
complicated for them. I can't recall the number of people who told me
they wanted to fight it, or began fighting a ticket but 'just paid it'
because they didn't want to deal with the 'hassle'.

Sorry, but this shows a subservient, lazy slug-like attitude! To fight
a ticket, in California at least, is a piece of cake. I have written
much about this, and have beaten seven tickets in court. You don't
even have to show up in person to fight a ticket! You can do it
through the mail, in what's called a trial by declaration. You can
visit my traffic ticket section for a list of articles.

What I wanted to share today is something even more important than
fighting a ticket- and that is making sure the violation does not
appear as a conviction on your record after you win! "Well, if I beat
it, why would they leave it on there?' you may ask. Because they are
crooked, scumbag revenue goblins, that's why. With little to no
morals. If the court records your citation correctly, as dismissed
instead of convicted, that's great. It's always good to check with the
court a week or so after your victory to make sure it is not on your
record as a conviction.

But what about your auto insurance company? I once had a conflict with
my car insurance company after beating a ticket. I had been cited in
for violating CVC 22350, otherwise known as 'basic speed law'. The cop
had been using radar and was hiding in the bushes.

After getting several extensions I scheduled an arraignment date and a
few days before the court date, I went to the clerk's window, asked
for and received a 'bail waiver', and pled not guilty. (An arraignment
is simply a hearing where the judge only wants you to say one of two
things: guilty or not guilty. This is not the time to argue your
case.) In my case, they scheduled a trial date for me right at the
clerk's window. Contrary to popular belief, it's not usually necessary
to wait in those hour long lines and to sit in the courtroom to do
something as simple as pleading not guilty. You can plead guilty at
the clerk's window too, if you so desire, and even ask for traffic
school, pay the bail and fees, and be done with it like a good
obedient sheep.

In my case, I didn't opt to fight it through the mail since the
courthouse was right near my house. On the day of the trial, I refused
to waive my right and allow a 'commissioner' to hear my case, thus
demanding a superior court judge. The arrogant 'superior court' judge
was peeved at this, when a lowly traffic defendant appeared in her
courtroom with junkies, muggers and parole violators. The witness in
the case, the ticketing officer (Mr. hide in the bushes to generate
revenue), also had to go upstairs and wait for the judge to get to our
case. I thought this was funny. (Hey, if they want my money may as
well make them work for it, right?) The first thing the female judge
did was lean towards the officer from her bench and said "don't worry
officer, this won't take long'! Wow, what a weird thing to say, I
thought. How did she know the case wouldn't take long? Had she already
decided it? Why didn't she tell me, the defendant, that it wouldn't
take long? Wasn't I worthy of the
same courtesy as the cop? Nevertheless, I thought her weird and
hostile behavior showed that she was plainly on the cop's side instead
of on the side of justice.

Anyway, the details of the case itself, and how I won it, is the topic
of another article. The judge that day pronounced me guilty after
being very nasty, dismissive, and arrogant. It didn't bother me too
much though, because I not only knew I was innocent, but I proved it
in Superior Court of Appeals when I appealed the shrew's fraudulent
guilty ruling. A panel of three superior court judges, effectively the
shrew's bosses, so to speak, heard the case and ruled for me. They
overturned the guilty conviction for speeding. This was very
gratifying. Not many people can beat a rap in superior court of
appeals without a lawyer. I simply studied the case law at
Helpigotaticket.com, wrote my own legal brief, filed it, and won. This
particular county notified me through the mail. I did not have to
appear in the appeals court in person, which was nice.

But a few weeks later, I received a notice from my insurance company,
which at the time was State Farm. They claimed that my car insurance
premium was going up because I had a speeding ticket on my record.
Well I'll be damned. The heck I do, I thought. I went through all this
nonsense to beat the ticket, and I beat it. How could they dare claim
that I am now gonna have higher insurance rates for a ticket I beat?
Sure, I had been initially convicted, but it was overturned. By a
court. Legal. Binding. Not confusing, except to a moron.

I called them up and the State Farm clerk was insistent that I had a
ticket on my record and they were gonna charge me for it. I asked her
who told them that I had a conviction on my record, because the court
itself says I don't, and the DMV , who gets their info from the court,
knows I don't either. I had never had a problem with State Farm
before, and had been with them for years, so this was kind of upsetting.

We went back and forth until the woman revealed that they get their
information from an outfit called 'Choicepoint'. What the hell is
that? I asked. Choicepoint? Turns out they are some sort of credit
reporting outfit that compiles traffic record info and other data for
companies. Well, I told the State Farm clerk, I don't care what or who
Choicepoint is, I don't care what some third party corporation says
about my record. I don't have a conviction, so take it off your
records and reduce my rates to their proper price. The stupid
insurance agent refused, so I sent them a nice one paragraph letter
the next day.

I said I demand you immediately cease charging me for a fraudulent
traffic conviction which does not exist, as the legitimate court and
DMV will verify. If you do not lower my rates to the proper previous
rate I will sue you in five days for purposeful insurance fraud.

I sent this certified, with a return receipt. The reason I always ask
for a return receipt when sending legal things is because the scumbag
recipient will deny receiving a letter of demand & intent if you don't
have proof that they received it. The U.S. Postal Service offers an
electronic return receipt now, which is a few bucks cheaper than that
green card they use. You can choose either though. You simply log onto
the post office website and print out a copy of the recipient's
signature.

I also sent a copy to 'choicepoint', just for good measure.

Whad'ya know? The idiots took the fraudulent price increase off my
insurance in no time flat. Wow, wasn't that complicated? Sheesh. I
can't stand crooked incompetent people.
I switched insurance companies soon afterwards, because even though
they fixed their 'mistake', they didn't deserve my business because of
the way they handled it.

Kit Maira
Editor V-Twin News