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Jul 20th, 2018
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  1. # TRAFFIC COURT
  2. Probably everyone who has ever been given a speeding ticket has daydreamed about some way of beating it. Not by going to traffic school, or simply paying the fine, or taking a chance on trying to convince the judge about some technicality like how long it has been since the police-car speedometer or the radar gun was checked. No, the sweetest scenario would be beating the ticket by outsmarting the system.
  3.  
  4. ## The Con
  5. Although I would not recommend trying this method of beating a traffic ticket (as the saying goes, don't try this at home) still, this is a good example of how the art of deception can be used to help the social engineer.
  6.  
  7. Let's call this traffic violater Paul Durea.
  8.  
  9. ### First Steps
  10. "LAPD, Hollenbeck Division."
  11. "Hi, I'd like to talk to the Subpoena Control." "I'm the subpoena clerk."
  12. "Fine. This is Attorney John Leland, of Meecham, Meecham, and Talbott. I need to subpoena an officer on a case."
  13. "Okay, which officer?"
  14. "Do you have Officer Kendall in your division?"
  15. "What's his serial number?"
  16. "21349."
  17. "Yes. When do you need him?"
  18. "Some time next month, but I need to subpoena several other witnesses on the case and then tell the court what days will work for us. Are there any days next month Officer Kendall won't be available?"
  19. "Let's see... He has vacation days on the 20th through the 23rd, and he has training days on the 8th and 16th."
  20. "Thanks. That's all I need right now. I'll call you back when the court date is set."
  21.  
  22. ### Municipal Court, Clerk’s Counter
  23. Paul: "I'd like to schedule a court date on this traffic ticket." Clerk: "Okay. I can give you the 26th of next month." "Well, I'd like to schedule an arraignment."
  24. "You want an arraignment on a traffic ticket?"
  25. "Yes."
  26. "Okay. We can set the arraignment tomorrow in the morning or afternoon. What
  27. would you like?"
  28. "Afternoon."
  29. "Arraignment is tomorrow at 1:30 P.M. in Courtroom Six." "Thanks. I'll be there."
  30. Municipal Court, Courtroom Six
  31. Date: Thursday, 1:45 P.M.
  32. Clerk: "Mr. Durea, please approach the bench."
  33. Judge: "Mr. Durea, do you understand the rights that have been explained to you this afternoon?"
  34. Paul: "Yes, your honor."
  35. Judge: "Do you want to take the opportunity to attend traffic school? Your case will be dismissed after successful completion of an eight-hour course. I've checked your record and you are presently eligible."
  36. Paul: "No, your honor. I respectfully request that the case be set for trial. One more thing, your honor, I'll be travelling out of the country, but I'm available on the 8th or 9th. Would it be possible to set my case for trial on either of those days? I'm leaving on a business trip for Europe tomorrow, and I return in four weeks."
  37. Judge: "Very well. Trial is set for June 8th, 8:30 A.M., Courtroom Four." Paul: "Thank you, your honor."
  38.  
  39. ### Municipal Court, Courtroom Four
  40. Paul arrived at court early on the 8th. When the judge came in, the clerk gave him a list of the cases for which the officers had not appeared. The judge called the defendants, including Paul, and told them their cases were dismissed.
  41.  
  42. ##Analyzing the Con
  43. When an officer writes a ticket, he signs it with his name and his badge number (or whatever his personal number is called in his agency). Finding his station is a piece of cake. A call to directory assistance with the name of the law enforcement agency shown on the citation (highway patrol, county sheriff, or whatever) is enough to get a foot in the door. Once the agency is contacted, they can refer the caller to the correct telephone number for the subpoena clerk serving the geographical area where the traffic stop was made.
  44.  
  45. Law enforcement officers are subpoenaed for court appearances with regularity; it comes with the territory. When a district attorney or a defense lawyer needs an officer to testify, if he knows how the system works, he first checks to make sure the officer will be available. That's easy to do; it just takes a call to the subpoena clerk for that agency.
  46.  
  47. Usually in those conversations, the attorney asks if the officer in question will be available on such-and-such a date. For this ruse, Paul needed a bit of tact; he had to offer a plausible reason why the clerk should tell him what dates the officer would not be available.
  48.  
  49. When he first went to the court building, why didn't Paul simply tell the court clerk what date he wanted? Easy--from what I understand, traffic-court clerks in most places don't allow members of the public to select court dates. If a date the clerk suggests doesn't work for the person, she'll offer an alternative or two, but that's as far as she will bend. On the other hand, anyone who is willing to take the extra time of showing up for an arraignment is likely to have better luck.
  50. Paul knew he was entitled to ask for an arraignment. And he knew the judges are often willing to accommodate a request for a specific date. He carefully asked for dates that coincided with the officer's training days, knowing that in his state, officer training takes precedence over an appearance in traffic court.
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