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Car Forum / Driving, Maintenance, Tuning / Driving / February 2007

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Caught in a recent speed trap

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steensworld@yahoo.com - 03 Feb 2007 17:17 GMT
Several nights ago my wife received a traffic ticket. She hadn't slow
down 20 mph below the speed limit when she passed a police car parked
by the side of the freeway. She was traveling at 59 mph in a 60 mph
zone. She hadn't known about the fairly new Texas traffic law.

She feels that she was caught in a speed trap, because several other
drivers were caught for the same violation. Officers were waiting with
radar guns to catch anyone who didn't slow down after passing the
parked squad car.

This is a $300 ticket. Can anyone suggest a defense in court, or
should we just pay it?

Thanks,
Allen
Jim Yanik - 03 Feb 2007 20:03 GMT
> Several nights ago my wife received a traffic ticket. She hadn't slow
> down 20 mph below the speed limit when she passed a police car parked
[quoted text clipped - 11 lines]
> Thanks,
> Allen

ignorance of the law is no excuse.
It pays to read the newspaper,keeps you abreast of such new laws..

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Jim Yanik
jyanik
at
kua.net

Eeyore - 03 Feb 2007 21:08 GMT
> > Several nights ago my wife received a traffic ticket. She hadn't slow
> > down 20 mph below the speed limit when she passed a police car parked
[quoted text clipped - 11 lines]
> ignorance of the law is no excuse.
> It pays to read the newspaper,keeps you abreast of such new laws..

What kind of law is this ?

Graham
Scott en Aztlán - 04 Feb 2007 02:21 GMT
Eeyore <rabbitsfriendsandrelations@hotmail.com> said in
rec.autos.driving:

>> > Several nights ago my wife received a traffic ticket. She hadn't slow
>> > down 20 mph below the speed limit when she passed a police car parked
[quoted text clipped - 13 lines]
>
>What kind of law is this ?

A new one.
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I'm a wreckless driver and damn proud of it!

Harry K - 04 Feb 2007 03:09 GMT
On Feb 3, 1:08 pm, Eeyore <rabbitsfriendsandrelati...@hotmail.com>
wrote:
> > steenswo...@yahoo.com wrote
>
[quoted text clipped - 19 lines]
>
> - Show quoted text -

One being passed in more and more states.  Too many officers were
getting hit while on traffic stops.  Washington (state) just put it in
last year.  Requires one to either move one lane over if possible or
slow way down if you can't move over.

Harry K
Brent P - 04 Feb 2007 05:19 GMT
> On Feb 3, 1:08 pm, Eeyore <rabbitsfriendsandrelati...@hotmail.com>

> One being passed in more and more states.  Too many officers were
> getting hit while on traffic stops.  Washington (state) just put it in
> last year.  Requires one to either move one lane over if possible or
> slow way down if you can't move over.

1) Cops fling their doors and themselves into traffic without care.
2) they are getting hit by drunks and the like while out collecting
revenue for the state.

The law doesn't solve either of the base problems that are getting cops
hit.
Harry K - 04 Feb 2007 16:04 GMT
> In article <1170558591.835015.193...@l53g2000cwa.googlegroups.com>, Harry K wrote:
> > On Feb 3, 1:08 pm, Eeyore <rabbitsfriendsandrelati...@hotmail.com>
[quoted text clipped - 9 lines]
> The law doesn't solve either of the base problems that are getting cops
> hit.

The recent examples of cops being hit had nothing to do with "flinging
their doors open".  They were hit -on the shoulder- and usually
standing by the vehicle.  I am sure you haved seen film clips of cops
getting hit well off the driving lane.

Harry K
Nate Nagel - 04 Feb 2007 16:05 GMT
>>In article <1170558591.835015.193...@l53g2000cwa.googlegroups.com>, Harry K wrote:
>>
[quoted text clipped - 17 lines]
>
> Harry K

I have, and it certainly shouldn't happen, but I fail to see how these
new laws will prevent such incidents.  It's not like you have to
exercise any amount of special care simply to keep your vehicle between
the lines, which really, should be all that's required in ordinary
circumstances.

nate

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Brent P - 04 Feb 2007 17:03 GMT
>> In article <1170558591.835015.193...@l53g2000cwa.googlegroups.com>, Harry K wrote:
>> > On Feb 3, 1:08 pm, Eeyore <rabbitsfriendsandrelati...@hotmail.com>
[quoted text clipped - 14 lines]
> standing by the vehicle.  I am sure you haved seen film clips of cops
> getting hit well off the driving lane.

I guess you didn't read #2 above. And I've personally had cops fling
their doors open and step out right in front of my car. If it wasn't me
but typical cellphone talking while applying makeup type driving they
would have been hit.

These laws change nothing and are just another revenue stream. Cops might
want to think about why they are risking their lives to collect taxes at the
side of the road instead.
Scott en Aztlán - 04 Feb 2007 18:54 GMT
"Harry K" <turnkey4099@hotmail.com> said in rec.autos.driving:

>> The law doesn't solve either of the base problems that are getting cops
>> hit.
[quoted text clipped - 3 lines]
>standing by the vehicle.  I am sure you haved seen film clips of cops
>getting hit well off the driving lane.

Yeah, and many of those clips involved vehicles skidding on ice, or
careening due to a previous collision a few feet up the road, or a
drunk driver who isn't going to obey the "move over" law anyway.

It will be interesting to see whether the statistics for police
officers being struck while parked on the side of the road changes at
all now that this new Texas law has gone into effect.
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I'm a wreckless driver and damn proud of it!

Eeyore - 04 Feb 2007 16:34 GMT
> The law doesn't solve either of the base problems that are getting cops
> hit.

Since when did laws ever 'solve' problems ???

Graham
Jim Yanik - 04 Feb 2007 05:58 GMT
> On Feb 3, 1:08 pm, Eeyore <rabbitsfriendsandrelati...@hotmail.com>
> wrote:
[quoted text clipped - 29 lines]
>
> Harry K

Same in Florida.

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Jim Yanik
jyanik
at
kua.net

Harry K - 04 Feb 2007 16:01 GMT
> > On Feb 3, 1:08 pm, Eeyore <rabbitsfriendsandrelati...@hotmail.com>
> > wrote:
[quoted text clipped - 39 lines]
>
> - Show quoted text -

Oregon also.

Harry K
Eeyore - 04 Feb 2007 16:38 GMT
> > What kind of law is this ?
> >
[quoted text clipped - 4 lines]
> last year.  Requires one to either move one lane over if possible or
> slow way down if you can't move over.

Ok.

I move out of the nearside lane whenever practical anyway when I see a car
parked on the shoulder whether it's a cop or just someone broken down. It's
plain common sense. I also do it when I see traffic on an 'on ramp' as you call
them.

Slowing down doesn't seem quite so smart though. Either you're going to hit
someone through inattention or you're not ( because you're awake presumably ).

Graham
necromancer - 04 Feb 2007 19:20 GMT
Ladies and Gentlemen (and I use those words loosely), Harry K said in
rec.autos.driving:
> One being passed in more and more states.  Too many officers were
> getting hit while on traffic stops.

Don't you mean that Sheriff John Bunnell and "World's Wildest Police
Videos," has been showing the same ones over and over again....


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Harry K - 05 Feb 2007 03:26 GMT
On Feb 4, 11:20 am, necromancer
> Ladies and Gentlemen (and I use those words loosely), Harry K said in
> rec.autos.driving:
[quoted text clipped - 4 lines]
> Don't you mean that Sheriff John Bunnell and "World's Wildest Police
> Videos," has been showing the same ones over and over again....

No, why would you think that?  Of course the good ones are shown
repeatedly but there are plenty of new ones showing up all the time.

Harry K
Matthew T. Russotto - 06 Feb 2007 20:26 GMT
>One being passed in more and more states.  Too many officers were
>getting hit while on traffic stops.  Washington (state) just put it in
>last year.  Requires one to either move one lane over if possible or
>slow way down if you can't move over.

It would be simpler to require cops not to open their doors into
traffic.  But America is now a place where laws are made for the
convenience of the police, a "police state".
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Harry K - 07 Feb 2007 03:38 GMT
On Feb 6, 12:26 pm, russo...@grace.speakeasy.net (Matthew T. Russotto)
wrote:
> In article <1170558591.835015.193...@l53g2000cwa.googlegroups.com>,
>
[quoted text clipped - 9 lines]
>   There's no such thing as a free lunch, but certain accounting practices can
>   result in a fully-depreciated one.

Wouildn't have much effect on things.  Of all the clips I have seen
over the years I can't recall even one where he got hit getting out of
the car.

Harry K
Scott en Aztlán - 07 Feb 2007 16:11 GMT
russotto@grace.speakeasy.net (Matthew T. Russotto) said in
rec.autos.driving:

>It would be simpler to require cops not to open their doors into
>traffic.  But America is now a place where laws are made for the
>convenience of the police, a "police state".

That's right. Like that time a cop parked his car in traffic lanes
under a railroad trestle in order to write a speeding ticket. When I
complained that this jerk should have instructed his victim to pull
forward 100 feet and turn off the street into a parking lot, Jaybird
jumped in and defended the cop's action. Clearly the cop mentality is
they can do whatever they want, whenever they want, with complete
impunity - all in the name of "police business." And the rest of us
must accommodate.
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MLOM - 07 Feb 2007 18:55 GMT
> russo...@grace.speakeasy.net (Matthew T. Russotto) said in
> rec.autos.driving:
[quoted text clipped - 13 lines]
> --
> I'm a wreckless driver and damn proud of it!

That's why Jaybird accurately stated a while back that police vehicles
are not normal traffic.  IMO, the only time a police vehicle should be
parked in a traffic lane is when there is a major collision ahead in
the same lane.

One of the last times I was cited for speeding (which has not happened
in 12 years), the police officer had me pull into a nearby driveway.
Good thing the resident did not need to leave.  It happened to be in a
small town of 1,000 when I was nailed for the all-too-common habit of
increasing speed prior to the posted increase (43 in a 35, approaching
a 55 sign).  The cop then told me he would not have stopped me except
that it was a HS basketball night.  Go figure.

I'm not sure about other states, but in my area the local police are
much more likely than the state patrol to nail your nuts to the floor
in a speeding incident.
Harry K - 08 Feb 2007 03:55 GMT
> > russo...@grace.speakeasy.net (Matthew T. Russotto) said in
> > rec.autos.driving:
[quoted text clipped - 25 lines]
> increasing speed prior to the posted increase (43 in a 35, approaching
> a 55 sign).  The

<snip>

Yes.  We have that situation here.  Leaving town a 1/2 mile 35 zone
leading into a 55 just past an intersection (only intersection in that
1/2 mile).  The intersection is right at the bottom of 5% upgrade.
The 55 sign was even moved down the hill aways so people (read trucks)
could pick up a bit of speed before starting the upgrade.  They, local
or state cops) don't issue tickets unless you are really on it prior
to the intersection.  45-50 past that intersection is all right.

Well it was all right up until a new female ayatollah was hired by the
city.  Would park right there and write ticket after ticket.  Talks by
the Chief did not good.  She was outright fired for insubordination
(fail to obey orders) within 4 months.  You don't mess with the
leading citizens in a small town.

Harry K
Speeders & Drunk Drivers are MURDERERS - 04 Feb 2007 01:02 GMT
steensworld@yahoo.com wrote in news:1170523045.925989.248390
@a75g2000cwd.googlegroups.com:

> Several nights ago my wife received a traffic ticket. She hadn't slow
> down 20 mph below the speed limit when she passed a police car parked
[quoted text clipped - 11 lines]
> Thanks,
> Allen

HAHAHA. Every time a  driver is caught breaking the law, they call it a
trap. Suppose all the robbers and muggers used that excuse. You'd be
screaming about all the criminal coddling.
FlyGuy - 04 Feb 2007 17:39 GMT
> steensworld@yahoo.com wrote in news:1170523045.925989.248390
> @a75g2000cwd.googlegroups.com:
[quoted text clipped - 3 lines]
> > by the side of the freeway. She was traveling at 59 mph in a 60 mph
> > zone. She hadn't known about the fairly new Texas traffic law.

What new Texas Law makes it a case of speeding to go under the speed
limit???
SheBlewHimDidYouBlowHim - 25 Feb 2007 15:48 GMT
> steensworld@yahoo.com wrote in news:1170523045.925989.248390
> @a75g2000cwd.googlegroups.com:
[quoted text clipped - 3 lines]
>> by the side of the freeway. She was traveling at 59 mph in a 60 mph
>> zone. She hadn't known about the fairly new Texas traffic law.

she shosuld kill the useless pile of sh.t pig that gave her the ticket, she
will feel much better
Scott en Aztlán - 04 Feb 2007 02:20 GMT
steensworld@yahoo.com said in rec.autos.driving:

>Several nights ago my wife received a traffic ticket. She hadn't slow
>down 20 mph below the speed limit when she passed a police car parked
>by the side of the freeway. She was traveling at 59 mph in a 60 mph
>zone. She hadn't known about the fairly new Texas traffic law.

Pleading ignorance will not be an effective defense when you go to
court.

>She feels that she was caught in a speed trap, because several other
>drivers were caught for the same violation.

Her conclusion does not follow from that premise.

>Officers were waiting with
>radar guns to catch anyone who didn't slow down after passing the
>parked squad car.

In some states, you can also change lanes (if safe to do so) and
legally pass the cop without slowing down.

>This is a $300 ticket. Can anyone suggest a defense in court, or
>should we just pay it?

You should just pay it. And have your wife study the Rules of the Road
book.
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I'm a wreckless driver and damn proud of it!

necromancer - 04 Feb 2007 02:40 GMT
Ladies and Gentlemen (and I use those words loosely),  said in
rec.autos.driving:

<< snip >>
> This is a $300 ticket. Can anyone suggest a defense in court, or
> should we just pay it?

If you are going to fight it, get a lawyer.

Signature

necromancer

Deadly Psychopath. And Proud of it, Man!!

Brent P - 04 Feb 2007 05:18 GMT
> Several nights ago my wife received a traffic ticket. She hadn't slow
> down 20 mph below the speed limit when she passed a police car parked
> by the side of the freeway. She was traveling at 59 mph in a 60 mph
> zone. She hadn't known about the fairly new Texas traffic law.

What state passed that assinine law? 20 under the underposted limit.
That's asking for collisions.  Making people scrub off 40+ mph for
something parked on the shoulder, out of the travel lanes which may or
may not be easily visible.

I nearly got rear ended on the dan ryan today because some moron missed
her enterance into the locals and slowed to about 30 mph. I of course
didn't have a problem slowing, the guy behind me swerved to my left just
before he would have hit my car.
necromancer - 04 Feb 2007 19:22 GMT
Ladies and Gentlemen (and I use those words loosely), Brent P said in
rec.autos.driving:
> What state passed that assinine law?

Quite a few. See: http://tinyurl.com/yojydm

> 20 under the underposted limit.
> That's asking for collisions.  Making people scrub off 40+ mph for
> something parked on the shoulder, out of the travel lanes which may or
> may not be easily visible.

There's revenue in them thar highways!  :)

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 ...and the freedoms we used to have..."
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Brent P - 04 Feb 2007 19:56 GMT
> Ladies and Gentlemen (and I use those words loosely), Brent P said in
> rec.autos.driving:
>> What state passed that assinine law?
>
> Quite a few. See: http://tinyurl.com/yojydm

Only 4 with 20 under. 5 total requiring hazardously slow speeds.

>> 20 under the underposted limit.
>> That's asking for collisions.  Making people scrub off 40+ mph for
>> something parked on the shoulder, out of the travel lanes which may or
>> may not be easily visible.

> There's revenue in them thar highways!  :)

I hope anyone who gets rearended slowing because of this law sues the
state.
MLOM - 04 Feb 2007 20:33 GMT
> In article <MPG.202ffc9fe3c3046698a...@newsgroups.bellsouth.net>, necromancer wrote:
> > Ladies and Gentlemen (and I use those words loosely), Brent P said in
[quoted text clipped - 13 lines]
> I hope anyone who gets rearended slowing because of this law sues the
> state.

It would be my F***ing luck I'd slow down for the parked cop, and get
a.s-ended and knocked into the cop car anyway.  As if the courts
aren't overloaded with BS alwauits already.
MLOM - 04 Feb 2007 20:35 GMT
> > In article <MPG.202ffc9fe3c3046698a...@newsgroups.bellsouth.net>, necromancer wrote:
> > > Ladies and Gentlemen (and I use those words loosely), Brent P said in
[quoted text clipped - 19 lines]
>
> - Show quoted text -

I meant lawsuits in the above post.  Damn fart fingers!
Eeyore - 04 Feb 2007 22:05 GMT
> > Ladies and Gentlemen (and I use those words loosely), Brent P said in
> > rec.autos.driving:
[quoted text clipped - 3 lines]
>
> Only 4 with 20 under. 5 total requiring hazardously slow speeds.

West Virginia's 15 or 25 mph *maximum* speed is insane ! I can see the tailback
accidents already.

Graham
MLOM - 04 Feb 2007 22:41 GMT
On Feb 4, 4:05 pm, Eeyore <rabbitsfriendsandrelati...@hotmail.com>
wrote:
> > > Ladies and Gentlemen (and I use those words loosely), Brent P said in
> > > rec.autos.driving:
[quoted text clipped - 8 lines]
>
> Graham
Insane indeed!  It's also in WV law that it's illegal to drive at such
a slow speed so as to impede the flow of traffic.  Most stated have a
minimum speed limit on the Interstates (MO is 40) which is higher than
the 25 mph in the parked-cop law.  It's probably why the survey gave
WV a frade of F-.  I can see lawsuits flying on account of the
contradictory traffic laws.
steensworld@yahoo.com - 17 Feb 2007 00:13 GMT
I'm the one who started the speed trap thread.

We decided to pay the ticket issued for not slowing down after passing
a police car by the side of the highway. A policeman friend said we
didn't have much of a defense. He thought it was a mickey mouse
ticket, though.

I still feel that it was a speed trap, especially since it was issued
on the last day of the month.

Allen
Motorhead Lawyer - 07 Feb 2007 20:42 GMT
On Feb 3, 11:17 am, steenswo...@yahoo.com wrote:
> Several nights ago my wife received a traffic ticket. She hadn't slow
> down 20 mph below the speed limit when she passed a police car parked
[quoted text clipped - 5 lines]
> radar guns to catch anyone who didn't slow down after passing the
> parked squad car.

She was caught in a trap not because others were also caught, so don't
even *think* of trying to use that as a defense.  She was caught
*because* it was a trap and it would be a trap even if she were the
only one cited.

> This is a $300 ticket. Can anyone suggest a defense in court, or
> should we just pay it?

I'd suggest arguing entrapment.

Were the patrol car's flashers on?  ISTM that they are only allowed to
be used in an emergency situation or to conduct a traffic stop; *not
to produce a violation*.  In this case, they are only being used to
trigger a temporary - and pointlessly dangerous - reduction in speed
at that spot on the road.  The only *true* purpose here was to entice
otherwise law-abiding citizens to break that law.  If I were the
judicial official hearing these cases, I'd toss 'em all with a stern
warning to the cops about ever even trying to bring such a case back
into court.

This kind of citation should properly be written *only* when the
patrol car has another legitimate reason for being parked with the
flashers on.  Not just because the cops decided to 'harvest' a few
'violators'.

If the flashers were off, I'd suggest that this law doesn't apply.  Or
must everyone slow down when passing ANY parked police vehicle in
Texas?  This would produce the ludicrous result of a de jure speed
limit of 15 mph past any police station where there are parked patrol
cars in a city with a 35 mph street speed limit.

I sure as hell would never plead 'Guilty' to this kind of cite.
--
C.R. Krieger
(Been there; done that)
gpsman - 08 Feb 2007 04:49 GMT
<brevity snip>
> On Feb 3, 11:17 am, steenswo...@yahoo.com wrote:
>
> > This is a $300 ticket. Can anyone suggest a defense in court, or
> > should we just pay it?
>
> I'd suggest arguing entrapment.

Define "entrapment".

> Were the patrol car's flashers on?  ISTM that they are only allowed to
> be used in an emergency situation or to conduct a traffic stop; *not
> to produce a violation*.

> In this case, they are only being used to
> trigger a temporary - and pointlessly dangerous - reduction in speed
> at that spot on the road.  The only *true* purpose here was to entice
> otherwise law-abiding citizens to break that law.

Spurious conclusion.  It may seem that way, but the OP did not specify
if there was or was not a traffic stop in progress.  If his wife was
not the first cited there was a "legitimate" reason for the officer to
be there with his bubblegum lights on.

> If I were the
> judicial official hearing these cases, I'd toss 'em all with a stern
> warning to the cops about ever even trying to bring such a case back
> into court.

Yeah, but you're no Judge, and it's pretty clear why; you tend to
assume rather than presume, and with insufficient information in this
particular case.  You really ought to disclose you're a bankruptcy
attorney, and not experienced with traffic law or defense.

> This kind of citation should properly be written *only* when the
> patrol car has another legitimate reason for being parked with the
> flashers on.  Not just because the cops decided to 'harvest' a few
> 'violators'.

Case law...?

> If the flashers were off, I'd suggest that this law doesn't apply.

That is reasonable.  Of course the OP fails to mention the fact.

> I sure as hell would never plead 'Guilty' to this kind of cite.

Maybe not, but you'd probably get representation, which, as an
attorney, is what you should suggest to the OP if his wife wishes to
contest.
-----

- gpsman
Motorhead Lawyer - 08 Feb 2007 18:12 GMT
> <brevity snip>
>
[quoted text clipped - 6 lines]
>
> Define "entrapment".

I don't need to.  That will be up to the trier of fact.  It's worth a
shot compared to nothing.

> > Were the patrol car's flashers on?  ISTM that they are only allowed to
> > be used in an emergency situation or to conduct a traffic stop; *not
[quoted text clipped - 8 lines]
> not the first cited there was a "legitimate" reason for the officer to
> be there with his bubblegum lights on.

Again, it's up to the trier of fact to decide *why* they were on,
based on the testimony presented.

> > If I were the
> > judicial official hearing these cases, I'd toss 'em all with a stern
[quoted text clipped - 5 lines]
> particular case.  You really ought to disclose you're a bankruptcy
> attorney, and not experienced with traffic law or defense.

Gee; you never miss a shot, do you?  I *am* a bankruptcy attorney -
now.  What you don't know is that I *did* regularly take on traffic
cases years ago.  In fact, I was better at it than most.  I'd litigate
and win cases other attorneys assumed were unwinnable.  I've even
stipulated a prosecutor's entire factual case (leaving him stunned and
puzzled) and still beat him.  But you didn't know that, "and it's
pretty clear why:  You tend to assume rather than presume, and with
insufficient information in this particular case."

> > This kind of citation should properly be written *only* when the
> > patrol car has another legitimate reason for being parked with the
> > flashers on.  Not just because the cops decided to 'harvest' a few
> > 'violators'.
>
> Case law...?

Pointless.  It's Texas law and I'm in Wisconsin.  I'm not going to do
their research for them without getting paid for it.  It's also not
likely to yield anything on a new law such as this, so it's up to them
to raise the issue and see how it's treated.  But maybe *you* would
like to find them some compelling precedent ...

> > If the flashers were off, I'd suggest that this law doesn't apply.
>
> That is reasonable.  Of course the OP fails to mention the fact.

Why I covered that base.  Alternatives need to be explored, in lieu of
stated facts.  Only two choices here (lights on; lights off), so it's
simple.

> > I sure as hell would never plead 'Guilty' to this kind of cite.
>
> Maybe not, but you'd probably get representation, which, as an
> attorney, is what you should suggest to the OP if his wife wishes to
> contest.

Finding an attorney who knows enough about traffic law to do an
adequate defense is tough, although in a city that size, I am sure
there are some.  It's certainly worth a look, but I would still urge
them to argue the case pro se in view of the ultimate cost compared to
hiring an attorney (who isn't likely to do it for less than the
maximum fine in this case).  Many justices try their best to give a
full and fair hearing to reasonably prepared pro se litigants.  I also
know that even the good ones will tend to stop listening carefully for
what is, to them, a very minor case once they start hearing spurious
arguments like "I wasn't the only one."  I'm simply attempting to help
them to focus their energies where it is likely to do the most good if
they are fortunate enough to get such a justice.
--
C.R. Krieger
(Been there; litigated that)
Arif Khokar - 09 Feb 2007 04:43 GMT
> Many justices try their best to give a
> full and fair hearing to reasonably prepared pro se litigants.

The last time I went to court over a speeding ticket, I wasn't provided
with about half the items I filed a subpoena duces tecum for.  The judge
ignored my stipulation, brought out in cross-examination, that the
officer was not capable of estimating distance, nor time, with any
reasonable degree of accuracy, making her speed estimation suspect, and
therefore not having any way of knowing whether the speed reading on the
radar corresponded with the target she identified.

The judge also overruled all my motions to dismiss based on not
receiving items listed on the subpoena.
Brent P - 09 Feb 2007 14:00 GMT
>> Many justices try their best to give a
>> full and fair hearing to reasonably prepared pro se litigants.

> The last time I went to court over a speeding ticket, I wasn't provided
> with about half the items I filed a subpoena duces tecum for.  The judge
[quoted text clipped - 3 lines]
> therefore not having any way of knowing whether the speed reading on the
> radar corresponded with the target she identified.

> The judge also overruled all my motions to dismiss based on not
> receiving items listed on the subpoena.

While I have not been as good at the game as Arif, I agree that all too
many judges in traffic court will decide against the citizen and actually
be offended that he dared challenge them. The last judge I had to deal
with refused to even READ the law, claiming in a anger manner that he
knew the law.

Somewhere I read/heard something along the lines that the courtroom is their
temple and regular citizens don't have not been initiated and thusly
their attempts to practice law in the temple are not respected. My
experiences confirm this. When I have fought, I was severely penalized to
the maximum possible for doing so. This is consistant with everyone else
who I've seen fight a ticket. Bow down to the judge and plead guilty
means a lesser penalty again, what I've seen.

There are other little things as well that stack the deck, as the citizen
is always the odd-man-out in the courtroom. Everyone else is buddy-buddy.

But then, there are the people who get lawyers. I've seen this less than
a handful of times, but suddenly everything is VERY different. The same
things coming from a hired member of the bar now get respected. Fighting
with a lawyer seems to turn out better than just pleading for mercy. Of
course the lawyer has permission to practice in the temple.

And before some sniping troll pipes up about how much I've been to
traffic court, the majority of it has been as the injured party. Where I
was deliberately run into with a motorvehicle at low speed by a driver
while I was bicycling and when my car has been hit by another driver.
The former required 4 court visits alone as I recall.
Motorhead Lawyer - 14 Feb 2007 18:55 GMT
> > Many justices try their best to give a
> > full and fair hearing to reasonably prepared pro se litigants.
[quoted text clipped - 9 lines]
> The judge also overruled all my motions to dismiss based on not
> receiving items listed on the subpoena.

I didn't say 'all'.  Here, you got a jerk who still properly beat you
at it.  Unfortunately, most judicial jerks know how to do that.

The proper way to deal with the prosecution's failure to provide
discovery is to move for a continuance (adjournment) so they can
provide it and, if it isn't provided, then move for sanctions
(including dismissal).  You can't start the trial and then say, "Oh;
by the way, they didn't give me that."  You have to keep it from
starting without the discovery you sought or get the issue decided
before starting by asking the court to first consider the missing
information and its importance to your case.  Of course, as a preface
to this, you also need to show that you served the subpoena properly
and on time.

You also need to try not to use legal terms you're not totally
familiar with.  A 'stipulation' is an *agreement* between the parties
- and I'm damn sure the prosecution didn't stipulate that their
witness couldn't estimate speeds.  While you may have offered some
proof of this issue, the judge chose not to find it as reliable as the
officer's training and experience (usually recited as rote at the
beginning of their testimony).  Not that I agree, but this is to show
you how he got away with it without an appealable issue left for you.

An experienced lawyer would not have made these mistakes, but that
still doesn't mean you would have won.  I once had a municipal judge
refuse to record a proceeding where Ohio law *mandated it* upon my
request.  You know how the municipality finally won the case on
appeal?  *There was no recorded record* to prove I'd asked for the
recording!  I would have had to *hire a court reporter* to prove I'd
made a record of something that is supposed to be recorded anyway.
--
C.R. Krieger
(Been there; done that)
 
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