[DeTomaso] NPC Re: Speeding ticket check returned

[asajay at asajay.com]

All I can tell you, is in the case I cited earlier, we talked directly  
with the prosecuting attorney, because we asked about having the  
police officer testify.  The prosecuting attorney told us the officer  
would -not- be coming to court, they no longer did that (probably for  
the minor traffic infractions).  That even if my wife plead not  
guilty, it would be tried that day and the officers testimony would be  
given by the prosecuting attorney.  Since we explained she had the  
right to discovery as outlined in the letter sent to her and her trial  
had been set prior to the expiration of that time, he rescheduled the  
trial and assisted us in obtaining the ticket information she was  
entitled to.


Now, had she asked for a trial by jury it may have been different, I  
don't know.  I do know that I've served on a jury in two separate DUI  
cases, but those might be considered larger infractions.  For the  
smaller ones, like you indicate, they may not allow that.


The typical scenario I've seen in the last 10 years starts out by  
dividing the defendants into the guilty pile and the not guilty pile.   
The court burns through all the guilty pleas really quick, assigning  
judgments and collecting fines.  Then they move on to the not guilty  
pleas, wherein they take your testimony, the prosecutor compares it to  
what the officer wrote and testifies on his behalf.  Depending on the  
judge, they must may take each one as it comes, guilty or not, either  
way, the prosecutor is there the entire time.

I guess the thing there is, I've never seen anyone else smart enough  
to ask for a trial by jury, but don't know they'd get it even if they  
asked.

Asa Jay

Quoting Secondary <tm6279 at comcast.net>:

> Asa Jay,  I think you may be confusing the purpose of the hearings where an
> officer must be present.  The first appearance is to enter a plea and ask
> for a trial if you plead not guilty.  The officer is not present for this
> hearing and testimony is not taken.  It is simply an opportunity to meet
> with the prosecutor and plea bargain if you are so inclined.
>
>
>
> If you plead not guilty and request a trial (which will be at a later date)
> the officer MUST appear to give testimony.  His/Her notes can't testify for
> him; additionally, you would be deprived of your right to "confront" your
> accuser and ask questions.  What has changed in some jurisdictions is that
> you no longer have a right to a jury trial for traffic infractions - your
> only option is trial to the court (judge.)
>
>
>
> Terry
>
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