[DeTomaso] NPC Re: Speeding ticket check returned

[boyd casey]

As I said in New York they have deprived you of almost all the rights
guaranteed under the constitution and under our judicial system. The right
to face your accuser is one of the most fundamental precepts in English
common law. I have never heard rf a trial where the prosecuting attorney
testified as the witness for the prosecution. You can't cross examine
someone who wasn't there. Even in New York the officer has to appear if you
take it to trial. The trial will be heard by and ruled on by an
administrative judge. Not A Jury. The difference in a DUI is that that is a
criminal offence where most Traffic citations are classified as "Violations"
which are not crimes. It has to be a least a class b Misdomeanor to be a
crime in which case you are guaranteed a trial by a jury of your peers ( if
you so choose) in any of the 50 states and the territories of the United
States. If you are found guilty by the Kangaroo court judge for a traffic
Violation Then you can appeal to circuit court and get all the stuff you get
in "real Court"including discovery, and a Jury . They make you really want
to use the system to prove a point. I had a case that was a total sham where
I as accused of speeding in my 911 at a speed that would qualify as reckless
driving. The State trooper. was coming toward me and after he passed he made
a u turn went past me and pulled over a Mitsubishi eclipse. By the time I
caught up to him and the eclipse he was standing in the road and waved me
over. He gave me a speeding ticket that was supposedly the result of a radar
reading. Under the law in NY and all other 49 states as far ( as I know) a
cop can only give one speeding ticket for one radar reading. He has to
recalibrate the radar gun after every reading that results in a ticket. He
gave both of us tickets even though we were in two different locations and
traveling at two different speeds. The whole thing stunk to high heaven. I
wanted to drag this asshole trooper into court to fight this ticket so badly
I could taste it. To make a long story shorter after almost two years of
getting dicked around and having all my attempts at discovery ( subpoenaing
the troopers ticket book, the radar gun calibration logs, his ticket
history, his notes from the back of the ticket you name it ( all things I
would be legally entitled to in circuit court or any criminal court or case)
were all denied. When I finally got to court on the day I was supposed to
have a trial the prosecuting attorney (who also acts as public defender)
(Talk about a conflict of interest!) Offered me a plea of failure to obey a
sign. A $60.00 fine no points and no more missed time from work. This had
been my forth time in court. Each of the previous times I refused to accept
a plea deal and insisted on a trial. I realized that even if I won the money
it was costing me in lost revenue from days spent in court on top of the
potential penalties if I were found guilty ( even though I was completely
innocent ( Innocence is no guarantee of a not guilty finding) It just wasn't
worth the risk and expense not to take their deal. That's how they win. They
grind you down and make it so time consuming and expensive to fight you give
in. It's a great system, ( for them).Boyd
AKA "The Defendant"

On Thu, Apr 9, 2009 at 7:20 PM, <asajay at asajay.com> wrote:

> 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
> >
> > _______________________________________________
> >
> > Detomaso Forum Managed by POCA
> >
> > Archive Search Engine Now Available at http://www.realbig.com/detomaso/
> >
> > DeTomaso mailing list
> > DeTomaso at list.realbig.com
> > http://list.realbig.com/mailman/listinfo/detomaso
> >
>
>
> _______________________________________________
>
> Detomaso Forum Managed by POCA
>
> Archive Search Engine Now Available at http://www.realbig.com/detomaso/
>
> DeTomaso mailing list
> DeTomaso at list.realbig.com
> http://list.realbig.com/mailman/listinfo/detomaso
>