How Coronavirus got me out of traffic ticket - dismissal obtained in court
- davidmcbeth3
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Well well well...when corona hit our state legislature closed its doors off to the public (for last 3 years no one can go in and watch the general assembly [GA]).
Oh, they still did their business including appointing judges (we don't elect them here).
But out state constitution requires judges be appointed in accordance with the law and that the state legislature allow public attendance at its sessions.
I got a traffic ticket. Decided to fight it . Never give up, never surrender !
Found out judge who was going to hear the case was one "appointed" during the pandemic where the public could not attend the session of the GA. I filed a motion to recuse.
My motion attacked the lack of a proper appointment process where the GA did not actually hold a session to appoint the guy to being a judge.
The prosecutor was perplexed and moved back my trial date.
Trial date arrives, I'm at court. Prosecutor motioned to nolle the case (basically deciding to put it on a shelf and after 13 mos. its automatically dismissed) but I objected and demanded the trial proceedings continue. The judge then dismissed the case, effectively ending the case.
They would rather dismiss a criminal case (tickets are criminal proceedings) than address the fact that the state went bonkers and decided to ignore the constitution.
Oh, they still did their business including appointing judges (we don't elect them here).
But out state constitution requires judges be appointed in accordance with the law and that the state legislature allow public attendance at its sessions.
I got a traffic ticket. Decided to fight it . Never give up, never surrender !
Found out judge who was going to hear the case was one "appointed" during the pandemic where the public could not attend the session of the GA. I filed a motion to recuse.
My motion attacked the lack of a proper appointment process where the GA did not actually hold a session to appoint the guy to being a judge.
The prosecutor was perplexed and moved back my trial date.
Trial date arrives, I'm at court. Prosecutor motioned to nolle the case (basically deciding to put it on a shelf and after 13 mos. its automatically dismissed) but I objected and demanded the trial proceedings continue. The judge then dismissed the case, effectively ending the case.
They would rather dismiss a criminal case (tickets are criminal proceedings) than address the fact that the state went bonkers and decided to ignore the constitution.
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Well done. I got out of a ticket recently. Went to court and the judge had the same name as the other person involved. I asked if they were related judge said yes. My lawyer asked for a dismissal and they did. I guess they thought no one would notice. They must only deal with really stupid people all the time to think that would fly.
- davidmcbeth3
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99% of people are stupid in traffic court. I have not lost a traffic case in 20 yrs.fig wrote: ↑Sat. Dec. 31, 2022 4:20 pmWell done. I got out of a ticket recently. Went to court and the judge had the same name as the other person involved. I asked if they were related judge said yes. My lawyer asked for a dismissal and they did. I guess they thought no one would notice. They must only deal with really stupid people all the time to think that would fly.
- Lightning
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I pled not guilty to a speeding ticket a couple years ago. When I went to court there was no trial, I just agreed to have it reduced to a parking ticket. I'll never plead guilty to a speeding ticket again.
- davidmcbeth3
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What was your plan going in to fight the ticket or for next time ?
- Lightning
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According to what I researched, firstly, the cop needs to be present. If he's there you can ask for calibration tests of the radar gun. If those aren't available or up to par the ticket will get thrown out... There are a number of other things you can fight back with too. Just do some googlingdavidmcbeth3 wrote: ↑Sun. Jan. 01, 2023 2:33 pmWhat was your plan going in to fight the ticket or for next time ?
- Lightning
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It still cost me $150. Parking ticket was under $20, the rest are court fees even though there was no "trial". But no points on my license and no car insurance looking at me all funny..
- davidmcbeth3
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The lack of calibration information is properly addressed with an objection to testimony related to speed for lack of foundation once the prosecution asks the cop as to what your speed was. The prosecution will generally follow-up asking questions about how he calibrated. Listen to his testimony; if he does not say he followed the manufacturer's recommended calibration method then do not ask him if he did (he'll say yes and your case is lost). Instead, do not cross the cop. Let the court know this, that you have no questions for him. Then motion to acquit/summary judgment on the grounds that there was no evidence that the cop performed a proper calibration.Lightning wrote: ↑Sun. Jan. 01, 2023 3:07 pmAccording to what I researched, firstly, the cop needs to be present. If he's there you can ask for calibration tests of the radar gun. If those aren't available or up to par the ticket will get thrown out... There are a number of other things you can fight back with too. Just do some googling
If the prosecutor wants to enter a certificate of calibration, an objection is appropriate. since SCOTUS case State of Mass. v. Melendez (2007), such a document can only be considered as evidence only if the person who issued it is available for the defense to examine that person.
In my state only LIDAR is used for speed measurement...such devices are only calibrated at the manufacturer. RADAR is calibrated by a user.
Once the testimony of the cop is admitted into evidence, questioning afterwards will generally have no effect.
And know your process in ticket adjudication. In my state, for example, the first hearing is before a magistrate (not a judge), and is a kangaroo court. I do nothing. Get a guilty verdict. Yet I can motion for a new trial within 5 days and this goes before an actual judge, who is more likely to follow the law.
- Lightning
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My coworker who's in the know about how government stuff operates told me that they'd rather sue you for a parking ticket instead of a speeding ticket because the fine stays in the county instead of going to the state. I dunno how that works but, that's the explanation I got when I talked to him about it.