I've received quite a few e-mails from readers asking about my adventures in Scottsdale Municipal Court. When I last wrote, I mentioned that I would be headed to the Police Department to make a records request.

I visited the Scottsdale Police Department on October 3 and made a very broad records request from the police department. If you want to see the items I asked for, please send me an e-mail and I'll be happy to share. I still haven't received the documents from the SPD, but they have called to say that they are ready. I'll tell you why later on in this entry.

On October 15, 2008 I showed up for court, along with three or four other offenders who were stopped by the same police officer. By the way, his name is Sergeant George. Another person who appeared to fight her ticket said that she'd read that he was rookie of the year in 2005 and said that he told her not to bother appearing in court because "he always shows up and he always wins."

I wore a suit and carried a briefcase. (By the way, if you ever appear in court, you should always show respect for the court and wear a suit. I learned this from the various attorneys I've worked for over the years. At the very least, wear something conservative and make sure you look presentable.) If you're going to be taken seriously, you should look like you mean business.

I was prepared to win a dismissal of both tickets. I had a copy of my clean driving record, I did all the research on radar and its flaws, how often the police department is supposed to have the radar devices calibrated and how often the officers are supposed to recertify. I also had photos of the scene of the ticket.

All the defendants went inside the courtroom and watched a video on the hearing procedures. To my surprise, the judge would allow hearsay in the court.

I was the second defendant to have a hearing. I was nervous beyond belief, and let me tell you that the judge was tough! I'm not sure if I had a law degree if it would have been easier. I tried to get both tickets dismissed first because the Police Department had not given me the records I'd requested. Also to my surprise, the judge informed me that I was not entitled to a records request under the Administrative Procedures Act. 

If you're going to defend yourself in court, forget about wasting your time collecting the police department records. The judge doesn't care. I also tried to admit a certified copy of my clean driving record and she told me point blank that she didn't care about that either.

So, after Sergeant George finished reading from his court notes, I started cross examining him. I had eight pages of cross examination questions and I grilled the officer about his use of the radar, his experience and traning, especially on the use of radar, and other things. A couple of times, the judge stopped me from asking the questions.

Sergeant George became very defensive on the stand. He was a little sensitive when I told him that the NHTSA recommends that police officers be certified every year on the use of radar and that they don't recommend using the internal calibration setting on the radar guns. This guy was clearly not used to being cross examined by someone who was actually prepared. Sergeant George couldn't explain how I could have possibly been going 37 mph if the traffic was moving at 25 mph.

The judge finally told me to wrap up my case and make my final arguments. I had one more thing to bring up, and that was the photos. I showed the judge the photos of the scene, told her that Sergeant George made a mistake and radared me outside of the school zone in front of Chapparal High School and wrote the ticket in the speed zone. The clincher here was the photo of the "McCarthy Construction" sign in front of the school. I argued that if a driver was not familar with the area and missed the school zone sign, it wasn't obvious that it was a school zone given all the construction.

All of this argument over the speeding ticket resulting in totally distracting the officer from the unsafe lane change ticket. I didn't plan that as a strategy, but he forgot all about proving the lane change ticket.

The judge finally made her rulings. She dismissed the unsafe lane change ticket because Sergeant George failed to meet the burden of proof. She also reduced the speeding ticket from speeding in a school zone to speeding only. I thanked her for her ruling and sat in the back of the room until I received the piece of paper from her assistant.

What should you take away from my experience? First of all, you can't just walk into the courtroom and expect the judge to dismiss the ticket just because you showed up. You need to look the part and have logical arguments and defenses as to why you are not guilty. The judge is unfortunately compensated by the City of Scottsdale and he/she is going to almost always side with the police officer if you don't have some solid arguments and aren't persuasive in your points. Speeding tickets are a major source of revenue for municipalities, and given the current state of the economy, they are not going to let you off easy. They need the revenue to make up for the shortfalls in their budgets.

It really bothers me to admit this, because I work in the legal field and have a healthy respect for it. I was disappointed by the outcome of the hearing because I don't think should have paid a fine at all. For those of you brave enough to fight the tickets, know that the odds, at least in Scottsdale, are stacked against you before you even walk into the courtroom. That doesn't mean you shouldn't exercise your constitutional rights, however. Just be prepared for a fight.

If you need assistance preparing for ticket hearing, drop me a line and I'll try to help.

There's more to this story! Stay tuned! Christine