Stupid traffic ticket

[ggiese]

trial by declaration is a good way to go, you request a paper trial, that way the cop doesnt get his overtime, and he has to turn in evidence against you within a certain time limit...if he is too lazy to submit the evidence, then the case is dismissed. well...this is about a month too late, but, its good for future reference.

What is a "trial by declaration"? I've never heard of that...

[bardock]

im not so sure about other states, but here in CA, you can have a trial by declaration without ever going to the court, and if you lose, you are entitled to a new trial (trial de novo) per Section 40902(d) of the California Vehicle Code. This gives you two chances to win. So, its good be in california.

[CoventryCat86]

What is a "trial by declaration"? I've never heard of that...

Yeah George, all this stuff varies widely from state to state. One thing they do in Connecticut is for infractions, you can ONLY get a trial in front of a magistrate and if you or the States Attorney's Office don't like the outcome, you can make a motion to the court for a "Trial de Novo" in front of a judge.

Also in Connecticut, if you are given a ticket for an INFRACTION (minor ticket) you DO NOT have the option of a jury trial.

A long time ago, I was given a high dollar speeding ticket, I went in front of a judge and said I wanted a trial by jury since speeding at that level (at the time over 70 mph in a 55 zone, the officer said I was going 72 but he confused me with another car since it was 4:30 p.m. in HEAVY traffic on the Friday Memorial Day weekend) was an automatic court appearance, not an infraction (a mail-in ticket). I had photographs of the heavy traffic and figured I had a great chance to be found not guilty by a jury.

When I requested the jury trial, the prosecutor said, "Your honor, I will substitute charge the defendant with unreasonable speed which is an infraction which means he does not qualify for a jury trial."

Curses, foiled again I was found guilty by a judge because you can't defend yourself against a lying police officer (no offense George but this guy was an outright liar).

[ggiese]

Yeah George, all this stuff varies widely from state to state. One thing they do in Connecticut is for infractions, you can ONLY get a trial in front of a magistrate and if you or the States Attorney's Office don't like the outcome, you can make a motion to the court for a "Trial de Novo" in front of a judge.

Also in Connecticut, if you are given a ticket for an INFRACTION (minor ticket) you DO NOT have the option of a jury trial.

A long time ago, I was given a high dollar speeding ticket, I went in front of a judge and said I wanted a trial by jury since speeding at that level (at the time over 70 mph in a 55 zone, the officer said I was going 72 but he confused me with another car since it was 4:30 p.m. in HEAVY traffic on the Friday Memorial Day weekend) was an automatic court appearance, not an infraction (a mail-in ticket). I had photographs of the heavy traffic and figured I had a great chance to be found not guilty by a jury.

When I requested the jury trial, the prosecutor said, "Your honor, I will substitute charge the defendant with unreasonable speed which is an infraction which means he does not qualify for a jury trial."

Curses, foiled again I was found guilty by a judge because you can't defend yourself against a lying police officer (no offense George but this guy was an outright liar).

No offense taken, CC - I have a broken knuckle because of a lying police officer that was going to ticket my ex-wife (she was the wife at the time) for "improper backing" in a rear end collision. The bastid was trying to say my ex-wife backed into the car behind her - so fast that it caused the entire trunk area to collapse - through a stop intersection. I punched the wall rather than him, I was so pissed off... He bent to reason when I explained it would be tough to keep that lie up, considering the circumstances didn't match his story... For some reason he thought my ex-wife was trying to "manufacture" the accident in order to "collect insurance money".

I'm convinced that about 5% of the population are a$$holes - which means that about 5% of the cops are a$$holes. I've met a few, I hate to say... Doesn't in the least bit surprise me in the least a cop would lie in front of the judge. Fortunately, the vast majority of the officers I know wouldn't do that...

[Bkcloud114]

Receive a "moving violation" in NYC.... plead guilty or not guilty..... that's it...... nothing else.

Plead "guilty".... Pay the fine + surcharge- usually points on the license, only way to reduce points is a Driver's Safety Course.

Plead "Not Guilty"..... you stand up in front of an Administrative Law Judge, just you and the cop, unless you have a lawyer.... they are all over the place, like ambulance chasers. The cop tells his side of the story, you tell yours and the "judge" makes a determination.

A little word of advice if you ever drive thru NYC.... if ya get stopped and ticketed by a NYC Highway cop or any other cop using a Radar Gun... pay the fine and don't bother going to court to fight him, this is what they do every day and they are good at what they do. They would not be doing it if they did not have a high conviction rate. If ya get ticketed by any other "street" cop.... you've got a 50/50 shot of getting a "not guilty" verdict.

[CoventryCat86]

Oh oh, don't mess with a retired NYC Police officer (that would be BkCloud)

AND he is 100% right about trying to fight a speeding ticket if they have you dead to rights on radar or laser, you ARE NOT going to win. Your only chance is to hope that the States Attorney offers you a lower fine, if he/she does TAKE THE OFFER, DO NOT be beligerent and try to "have your day in court" because you will lose and probably wind up paying more because you ticked them off for wasting their time

[Bkcloud114]

In my carreer I too have also come across some liars in my Department, the vast majority are good guys, but the few liars make it bad for everybody.....

Now when I say "liars" I am referring to out-right criminal behavior... I got some good stories for a HERF one day.... would make your jaw hit the floor.....

[CoventryCat86]

In my carreer I too have also come across some liars in my Department, the vast majority are good guys, but the few liars make it bad for everybody.....

Now when I say "liars" I am referring to out-right criminal behavior... I got some good stories for a HERF one day.... would make your jaw hit the floor.....

Oh man, I can only imagine

As you and George mentioned BC, like anything else in life, it's only a few who are the exception whereas most people in every line of work are honest and good workers.