[DeTomaso] Speeding ticket check returned

[Robert Kirk]

I have been following this thread with interest and some very good points are being made. Not sure I agree with the anarchist’s point but it’s an interesting read and point of view. I think what happened to the thread starter, is extremely arrogant and perhaps technically illegal. In submitting payment he has admitted guilt to return the check and force a court confrontation appears to be double jeopardy. Another important point, while each state has its own laws, double jeopardy is protected by the constitutional. 
I laid off this when it first came up because it appeared the presumed offender was already in court. I haven't read the out come of his trial but even if he is found guilty a discussion of double jeopardy is in order either in the company of a lawyer or to the prosecutor of the case. 
In the Midwest its common to admit guilt by simply paying the fine. One can also appear in court as has been mentioned and pay or ask for a trial. A trial date is set and that's when the cop has to appear. If he doesn't the judge typically dismisses the case. In Chicago, if you are unable to simply bribe the judge through a local politician, the gambit is similar to parting the groups on the court date into guilty vs. not guilty...at least that was my experience on more than one occasion even getting an "incorrect lane change" ticket enroute to court on I55. 
Asa and others make a sound case for knowing your rights and/or asking before or during the court appearance. 
I hope the thread starter will indeed explore my submission that he has been put in double jeopardy...could be a stretch but so was the individual, judge or magistrate (there is a big difference), who seemed a tad over the top in reacting to another Constitutional right called Free Speech and Right to Expression....another legal tact which may be inorder to fight the scurrilous action by the court.


 


Regards,
Robert Kirk
www.kirks-auto.com