1. When a police officer pulls me over for speeding, isn't he required to show me the radar gun?
No, the police officer does not have to show you your speed that you were clocked at on his radar when he stops you for speeding, and he can and likely will write you a traffic ticket for speeding. That being said, certain required documentation will be necessary in court by the police officer to prove beyond a reasonable doubt of you speeding. In the event this documentation is provided, your traffic case will likely be dismissed.
2. When a police officer gives me a citation and asks me to sign it, do i really have to sign it, and if I do, is this automatic admission of guilt?
Yes. You must sign the traffic citation that the officer is giving you, and no, your signature on the citation is not an admission of guilt. Rather, your signature on the citation is an acknowledgement that you have received a traffic citation, and not an admission of anything. If you persistently refuse to sign your traffic ticet, the police officer can charge you with resisting arrest without violence, which is a misdemeanor.
3. I was going with the flow of traffic and the police officer decided to pull me over for speeding, is this even legal?
Yes, a police officer can pull you over for speeding, even if you were going with the flow of traffic like everyone else.
4. I wasn't going as fast as the police officer said I was on the traffic citation, does this mean the court has to find me not guilty of this offense?
The County Court Judge or Traffic Hearing Officer will listen to both parties testify and will make the decision regarding guilt or innocence. Based on most attorney's experience, if you represent yourself individually with this defense, it is not common that the court is going to find you not guilty.
5. I just paid of all of my traffic citations, and I just got a letter from my city saying that my driver's license is going to be suspended for five years, how is this possible?
Unfortunately, the answer is yes.. If you pay tickets for driving with a suspended license without knowledge, these payments count as convictions on your record, and 3 of these convictions within 5 years, will cause you to become a habitual traffic offender. You will lose your license for 5 years after you have worked so hard to get your license back. Do not pay any traffic ticket until you first consult with your lawyer.
6. How many points are allowed to get on my driving record within a year until my driver's license gets suspended?
12 points within 12 months will cause your driver's license to get suspended for 30 days. Please consult with your lawyer before paying any traffic citation.
7. What is the difference between reckless driving and careless driving?
Reckless driving is a criminal offense where you have a State Attorney prosecuting you and a County Court Judge who hears the case, reckless driving can be punishable by jail time. While careless driving is a non-criminal offense that is punishable by potentially getting points on yourlicense as well as paying fines and court costs that the Judge or Traffic Magistrate assesses.
8. I got a traffic citation for running a red light, but I know the light was not red, at the very least, it was yellow or maybe a green. If I tell this to the Court, aren't they going to find me not guilty?
When the police officer stopped and gave you the traffic citation, the charge against you has be proven beyond a reasonable doubt, the same standard of proof that is used in criminal cases. In a situation where it's basically your words against the police officers, this usually tends to be a difficult defense on your part.