[DeTomaso] Speeding ticket check returned

Fri Apr 10 13:21:53 EDT 2009

I wasn't speeding at the time...not to say that i don't have a Karmic
balance that favors me, I speed everyday, all the time.

It was the point that i was willing to pay it because of the karmic balance
as long as I could enjoy the process and be an asshole in the process by
exercising my rights to call a spade a spade.
this was a LIDAR unit on a bridge and none of my detectors went off, they
ALWAYS go off,
This is a small time redneck little town that just happened to have an
interstate nearby and the whole GD police force ( six cars was working the
interstate doing revenue enhancement.
Good thing they have no crime, no body breaking into cars and homes while
good decent people are working, thinking these assholes are patrolling the
neighborhoods, that's BS.

So now, if I denied my right to state my displeasure at this jerks in
writing, the plan is to cause as much expense and grief as possible to make
speed traps like this start to look like an unattractive option and just
maybe if everybody did this, they might patrol the hoods again nd my car
would have gotten broken into 2x at home in the driveway in the past two
years while I was at work.

Michael in Savannah

On Fri, Apr 10, 2009 at 1:02 PM, boyd casey <boyd411 at gmail.com> wrote:

> Double jeopardy dosen't exist in this case because he has not been tried.
> Under double jeopardy you can't be tried twice for the same crime "If your
> are found not guilty" in the first trial. You can be charged and have the
> charges "Null process" which means the state has declined to prosecute but
> can charge you later if they feel like it or if they obtain more or new
> evidence. In a Mistrial they can try you again. Also A judge is not
> compelled to accept your guilty plea unconditionally. If you say I'ill
> plead
> guilty but the charges are bogus and that implies you are not really
> admitting guilt they won't accept it. It leaves the door open for appeal.
>  That's why sometimes they require full elocution when you plead guilty,
> this is usually reserved for serious crimes , not speeding tickets but you
> have to get up in court and "Elocute" the nature or your guilt. Which is to
> verbally spell out your actions leading up to the commission of the stated
> offence. Most tickets Have a box to check for guilty or not guilty if the
> ticket were so marked and the guilty plea was checked I don't think the
> memo
> would be a legal issue. If you were in court and pleaded guilty but said
> "the whole thing is bogus and a scam " you could be held in contempt. The
> thing politicians always do is plead "No Lo Contend re" Which means "No
> Contest" you are not admitting guilt but your not denying it either you
> just
> agree to accept the punishment.Boyd
> AKA
>  Hugh Boyd Casey Esq.
>
> On Fri, Apr 10, 2009 at 10:51 AM, Robert Kirk <kirkbrit at yahoo.com> wrote:
>
> >
> > 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
> >
> >
> >
> >
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-- 

Michael L. Shortt
Savannah, Georgia
www.michaelshortt.com
michael at michaelshortt.com
912-232-9390

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