[DeTomaso] Law Abiding Citizen vs. The Great State of California

tony DiGiovanna tonydigi at optonline.net
Thu Jan 15 19:38:40 EST 2009


You suck.
I hired a lawyer to fight my last speeding ticket.  He got $400 to negotiate
it to an "unattentive driving" 0-point infraction, that came with a $150
fine, and to our mutual surprise at the moment of sentancing, also a $250
state surcharge recently imposed by the then outgoing gay governor of this
rediculous state of NJ.  A trip to get my stupid Italian customer a real cup
of capucino cost me $800.

-----Original Message-----
From: detomaso-bounces at realbig.com
[mailto:detomaso-bounces at realbig.com]On Behalf Of Trevor Fougere
Sent: Thursday, January 15, 2009 1:48 AM
To: detomaso at realbig.com
Subject: [DeTomaso] Law Abiding Citizen vs. The Great State of
California


Back in September I got pulled over and issued a ticket that stated I was
doing 112 MPH in a 65 MPH zone in the Pantera.



Naturally, being a peaceful and law abiding citizen, I was outraged.  Was
this some kind of speedometer error?

Was he using metric units?



So.I hauled my innocent ass down to traffic court and asked for a Trial by
Declaration.  You post the fine

(in this case $535 plus a potential 2 points against the license and a
mandatory 30 day suspension) and have

a month to file your side of things.  Naturally, since I was driving at the
speed limit, I wrote that down and

submitted the paperwork.



In the event the hard working officer of the law fails to submit his
paperwork, the case gets dismissed and

bail gets refunded.  My research has shown that this will happen
approximately 30-35% of the time.



In the event you lose, this is about the only place in California law where
you automatically get the right

to have a trial de novo (in front of a judge) after having already been
"convicted".  Bearing in mind that anything

you state in your trial by declaration may be used against you.



Today, my dismissal showed up in the mail.



Chalk up one for the good guys!



Trevor

#3797

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