Still want to fight that ticket?

GINA DAUGHERTY | CIN WEEKLY

You really have to ask yourself how much suffering you want to endure before you decide to fight that ticket.

If you are in jeopardy of losing your license, you're worried about your insurance going up - again - or you really believe you are not guilty, then you can have your day in court.

But it's not going to be easy, and you're going to need an attorney.

"A judge will never hesitate to hear a traffic ticket. I do think you'll at least get a fair shake if you truly want a trial," says local attorney Adam Bleile. "But it's usually not worth the $100 because you will get angry and frustrated ... I always tell my clients whenever you are talking about a minor misdemeanor, just pay it."

There are some moving violations that are easier to beat than others, such as improper lane changes and tickets for accidents, but for the most part, pure speeding is tough to contest.

Bridgetown resident Frank Morano commutes to his job in Independence every day. When he got a speeding ticket on I-75 two years ago, he decided to take it gracefully, even though he was angry and thought it was excessive.

"I know so many people who are cops and they say it's not worth the fight," Morano says. "They're always going to be right and the judge will always take the cop's side."

The ticket caused Morano's insurance to go up, but his speed hasn't really come down.

"It should have taught me a lesson, but it didn't," he says.

1. You have the right to trial within 30 days of the ticket. Do not waive this right. Attorney Adam Bleile says most first court trials are continued, making it less likely the officer will show up.

2. Do your research. Find the exact charge against you. In Cincinnati, it is likely to be Cincinnati Municipal Code 506.8, which is speeding. The prosecution must prove all portions of this code. Look up the code in an annotated code book so you will also get the relevant case law.

3. Consider getting an attorney. Hope that a friend of the family is willing to help you out.

4. The National Motorists Association has a legal defense kit and many online resources. Visit them at www.motorists.com.

5. Consider the circumstances. Was it dark? Was traffic heavy? Go back to the scene. You may remember something you hadn't before that could help your case, or perhaps a speed sign is covered, such as on the one at 3000 Erie Ave.

6. Request information from the police department that cited you, such as the officer's log book, training information, etc. You can do so through a Freedom of Information Act (FOIA) request. But don't hold your breath if you file one with the Cincinnati Police Department. We filed one four weeks ago and it still has not been granted. Visit archive.aclu.org/library/foia.html for a step-by-step FOIA guide.

7. If you get pulled over, be polite. Sure, you'll want to start swearing, but don't. You want to fade away from the officer's memory. If he cannot identify you, the case could be dismissed.

8. If you get pulled over, leave your seatbelt on until the officer approaches the car. You do not want an additional ticket for not having your seatbelt on when in fact you did. Turn on the dome light if it is dark and keep your hands where he can see them until he asks for your license and registration.