State v. Stuart

[Libertarian]

http://www.court.state.nd.us/court/opinions/950213.htm

This was posted on the Travel board, but I thought it should be here as well. Some interesting issues.

[UGA Lawdog]

I especially like this passage, from footnote 4 of the court's opinion:

The issuance of a traffic citation is not a "commercial transaction" for purposes of the Uniform Commercial Code.

So there you have it....right from the highest court of a state (in this case North Dakota). Now maybe some of you will believe me (and others) when we tell you that using the UCC in an attempt to fight a ticket is futile.

The Lawdog

[weishaupt1776]

Originally Posted by UGA Lawdog

I especially like this passage, from footnote 4 of the court's opinion:

The issuance of a traffic citation is not a "commercial transaction" for purposes of the Uniform Commercial Code.

So there you have it....right from the highest court of a state (in this case North Dakota). Now maybe some of you will believe me (and others) when we tell you that using the UCC in an attempt to fight a ticket is futile.

The Lawdog

Agreed. However, if a criminal misdemeanor, they are still considered police business records which do not meet the exception to hearsay rule should the defendant elect not to use them to support his defense

"Police record is admissible in criminal proceeding as business record , either as substantive evidence or for impeachment purposes, when record meets test of trustworthiness, providing it is offered by criminal defendant to support his defense ; such records may not properly be so employed by prosecution . . . The doctrine has since been applied to deny the business records exception to any document prepared with an eye toward litigation when offered by the party responsible for making the record." See, e. g., 28 U.S.C.A. § 1732(a); U.S.C.A.Const. Amend. 6. 521 F.2d 957, 172 U.S.App.D.C. 297 / Bracey v. Herringa, 7 Cir., 466 F.2d 702 (1972).

Originally Posted by weishaupt1776

Agreed. However, if a criminal misdemeanor, they are still considered police business records which do not meet the exception to hearsay rule should the defendant elect not to use them to support his defense

"Police record is admissible in criminal proceeding as business record , either as substantive evidence or for impeachment purposes, when record meets test of trustworthiness, providing it is offered by criminal defendant to support his defense ; such records may not properly be so employed by prosecution . . . The doctrine has since been applied to deny the business records exception to any document prepared with an eye toward litigation when offered by the party responsible for making the record." See, e. g., 28 U.S.C.A. § 1732(a); U.S.C.A.Const. Amend. 6. 521 F.2d 957, 172 U.S.App.D.C. 297 / Bracey v. Herringa, 7 Cir., 466 F.2d 702 (1972).

Very very interesting, Weis. Too bad no similar statute or ruling exists regarding the introduction of business records in civil litigation.

any document prepared with an eye toward litigation when offered by the party responsible for making the record

Imagine what that would do to the introduction by collection attorneys of contracts of adhesion specifying arbitration companies.