Getting a speeding ticket sucks. You have to pay a big fine for what seems like a small problem, or you have to go to court and take time out of your day, or maybe do both. To avoid the hassle, you could hire a traffic lawyer to do all of the work for you, and increase exponentially the likelihood of beating your speeding ticket. Or you could fight it on your own.
Should You Subpoena the Cop to Beat Your Speeding Ticket?
If you do fight your traffic ticket on your own, you will see that you have the option of subpoenaing the police officer who made the stop (or who signed the ticket but didn’t actually see you speeding – which would be even better). And the decision isn’t as clear cut as it seems.
Let me give you an example to show you what I’m talking about.
Let’s say you are heading out to play golf over in Seattle, say West Seattle Golf Course or something. You are taking off work a little early to meet some friends for a mid-afternoon round. But you got out of the office later than you thought. So, in your hurry to get over to the golf course, you may have exceeded the speed limit a little bit. And you got popped for a speeding. You start looking around (hopefully on our traffic blog) and decide (correctly) that the best thing to do is fight your Seattle speeding ticket.
But, you’ve heard conflicting reports. Some people say subpoena the cop – that’s the easiest way to win. Some people say don’t do it, because they always show up.
What’s the right answer?
A Traffic Attorney’s Take on Subpoenaing the Cop
Whether or not to subpoena the cop in this situation is going to depend on one thing – do you want him there talking (so he can potentially cover his tracks) or not (so you can just use what is on the ticket)?
You do want him there if you want to point out all of the things he forgot to mention in his police report (weather conditions, traffic conditions, where he was set up, any other facts that might lead to radar malfunction). You do not want him there if there is a fatal flaw on the ticket (wrong road, wrong officer signed the ticket – not the one that actually witnessed you speeding, etc.)
When making this decision, think ahead about whether or not you want the police officer there speaking or if you’d rather attack the “testimony” that is the traffic ticket itself (the prosecutor will admit the ticket as testimony if the officer is not subpoenaed – it is signed under oath so the court allows it).
About Me: Christopher Small is not just the author of this blog post. He’s also one of the traffic attorneys at Emerald City Traffic Defense. If you need help beating a traffic ticket, call us today – 206.651.4245.