primitives discuss avoiding traffic violation penalties

[franksolich]

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6893275

Oh my.

Xicano  (693 posts)      Fri Oct-30-09 08:00 PM
Original message
 
So you got a traffic ticket. Know one way to get it dismissed?

Disclaimer: I am not an attorney and this is not legal advice. This post is only for entertainment purposes.

So you got yourself a ticket and would like to have it dismissed. Ok, what we're going to do in this option is prove conflict of interest therefore a fair trial is impossible. Before you say anything else to the judge ask him these three questions.

Ask: "Am I entitled to a fair trial?" Of course the answer will have to be yes, thus, locking the judge into this standard of law which of course we all expect.

Ask: "Can I get a fair trial if there's a conflict of interest?" The answer in this case will have to be no because its common knowledge that if there's a conflict of interest there's a built in interest/incentive to rule against you.

Ask: "Who do you represent here?" Now this question will almost certainly aggravate the judge because at that point they'll know (if they already don't) that you have them cornered because this is the same thing as asking them who are they acting on behalf of.

Most, if not all, judges will HATE to answer this question and there's a very good chance they will refuse to answer. The reason is because this question will expose their conflict of interest over your getting a fair trial. The reason of course is because they are acting on behalf of the state who's also the pretended plaintiff in the case against you. Its no different than somebody suing you and acting as the judge at the same time.

Now here in California, like probably in all states I would assume, a judge is bound by law to disclose all information which may be relevant to the question of disqualification. Here's the California law on page 17 of this document titles "California Code of Judicial Ethics."

Disqualifacation

(3)(E)(2) In all trial court proceedings, a judge shall disclose on the record information that is reasonably relevant to the question of disqualification under Code of Civil Procedure section 170.1, even if the judge believes there is no actual basis for disqualification.

(Canon 3E(2) amended effective January 1, 2008.)

http://www.courtinfo.ca.gov/courts/supreme/documents/ca...

Zoeisright (593 posts)      Fri Oct-30-09 08:00 PM
Response to Original message
 
1. Don't break the law in the first place?

The Straight Story  (1000+ posts)        Fri Oct-30-09 08:01 PM
Response to Original message
 
2. Does it apply to murder as well?

Myrina  (1000+ posts)      Fri Oct-30-09 08:05 PM
Response to Original message
 
3. Its my non-lawyerly understanding also that ...

.... if you ask for a trial, and the citing officer doesn't appear to testify, you have a pretty good chance of getting it thrown out.

So if your trial date happens to be on a day when an officer is on duty or otherwise unable to attend, then ... bonus for you.

There was a huge debacle in Central IN a few years back that uncovered a ring of corrupt cops (oh surprise?) who would take $100+/- cash from presumed-offenders to 'be busy' the day of the trial, thus causing the tickets to be tossed. $100 vs. a few hundred and points on your driving record ... pretty good scam they had going.

FormerDittoHead  (1000+ posts)      Fri Oct-30-09 08:24 PM
Response to Original message
 
4. MY best suggestion: FORGET ALL OF THIS.

If *THIS* is your *BEST* SHOT - PAY THE FINE, because the only place to go from here is DOWN...

I REALLY don't think the best way to start is by pissing the JUDGE off, and that's EXACTLY what this BS is going to do.

The Allentown dude primitive:

AllentownJake  (1000+ posts)        Fri Oct-30-09 08:27 PM
Response to Original message
 
5. The State is the plaintiff in all criminal offenses

Whether it be murder or speeding. Since speeding is a minor offense I don't think you are entitled to trial by jury.

Xicano  (693 posts)      Fri Oct-30-09 08:34 PM
Response to Reply #5

6. A criminal trial is set up differently.

A prosecutor is acting on behalf of the state and a jury of peers is deciding whether the standard of guilt has been met.

AllentownJake  (1000+ posts)        Fri Oct-30-09 08:36 PM
Response to Reply #6
 
8. Better have a good lawyer

Telling a judge they are not impartial is a sure fire way to piss them off.

I prefer my technique of actually showing up for court. The two times I've shown up one of the times the officer didn't so the ticket was dismissed.

The Straight Story  (1000+ posts)        Fri Oct-30-09 08:37 PM
Response to Reply #5
 
9. My first X and I got a ticket in New Rome, Ohio - a speed trap

Called my Attorney and he told us to have her go to the kangaroo court there and request a jury trial in Franklin County/Columbus where we technically lived.

The case was dropped. New Rome some years later got brought down pretty hard over their speed traps, lies, rigged radar guns, etc.

Back then we were able to request a jury trial for a speeding ticket.

WillowTree (1000+ posts)      Fri Oct-30-09 08:36 PM
Response to Original message
 
7. By that ridiculous line of reasoning...

....no judge would ever be able to preside over any legal proceding.

Better suggestion(s):

1) Obey the traffic laws in the first place.

2) If you screw up, pay the damned fine that you owe and shut up about it like an adult.

Xicano  (693 posts)      Fri Oct-30-09 09:27 PM
Response to Reply #7
 
11. Can I ask you this? Are you aware of who Dun & Bradstreet are?

Dun & Bradstreet tout themselves as the world's leading source of commercial information and insight on businesses, enabling companies to decide with confidence for over 160 years. Dun & Bradstreet also advertises that its global commercial database contains more than 130,000,000 business records providing their customers with quality business information. Citing this quality information is the foundation of their global solutions their customers rely on to make critical business decisions.

What does this have to do with "2) If you screw up, pay the damned fine that you owe and shut up about it like an adult?"

Well, these links to Dun & Bradstreet show that the LAPD are traded as a business. All police departments in the western world are traded as businesses and are ran for profit. Is a profit motive behind the number of traffic citations? Review the proof that they are traded as businesses below and you tell me. The information below doesn't pass the smell test to me. That's all I am saying.

Here you go, check it out:

https://smallbusiness.dnb.com/ePlatform/servlet/Product...

https://smallbusiness.dnb.com/ePlatform/servlet/IballVa...

handmade34  (1000+ posts)      Fri Oct-30-09 08:56 PM
Response to Original message
 
10. I used to get lots of tickets 

(I've since mended my errant ways)... I would always contest them and if the officer didn't show, it was dismissed. If he did show I would ask for a reduction in the fine (often got it). I did take responsibility if I was speeding, but always did what I was able to do to cut the fine and then paid what I had to.

[The Village Idiot]

Do not violate traffilaws

Show up in court

[Vagabond]

The best way I have ever known to beat a ticket is to ask the court to reschedule the hearing for whatever reason you can come up with.  

I did manage to catch a young officer without the calibration information on his radar gun, he had to admit to the judge that he didn't have the paperwork with him and therefore could not prove the equipment was operating within spec.  I think the state lost the next six speeding cases behind me.  I met the lawyer from the DA office sometime after that, who asked if I was an attorney, he said I should consider it.

[Carl]

I get a chuckle out of all the folks that think they are going to play Perry Mason in court and with a few deft statements have the legal system at their feet.

Even for a traffic ticket you speak when spoken to and you don`t "tell" anyone anything...they tell you what is going to happen,when and how.

[crockspot]

The best way I have ever known to beat a ticket is to ask the court to reschedule the hearing for whatever reason you can come up with.  

Yes, continuances are about the best way to get it dismissed. Though this does not seem to work very well if the officer is a California Highway Patrolman. The CHP seems to go out of their way to make sure they make it to the proceedings. I once got a ticket case continued three times, and the sob showed up every time. One time even looked like it might have been his day off, because he was dressed in street clothes.

But during one of these events, I did actually see a CHP officer tell the judge that, honestly, he could not remember the guy. (The first thing the judge asks is if the officer can positively id the person who the ticket was written to.) That case was immediately dismissed.

[crockspot]

I get a chuckle out of all the folks that think they are going to play Perry Mason in court and with a few deft statements have the legal system at their feet.

They probably watched Mr. Spock make the android heads fizzle through superior logic one too many times.