|
I won today...sorta...thanks Codee!
Well, after much reading, questions, preparation...etc..etc...the revenue officer with the CHP badge and gun didn't show up to my trial today. Issue was carpool lane violation here in California...they wanted $455.
I was really looking forward to having the Judge read the motion to dismiss..I wanted to see how he would rule.
I actually filed the motion today about an hour before court. Oh, almost forgot to mention that I used Codee's Motion to Dismiss...SMJ SMJ SMJ...haha. I have the documents for Ticket Slayer, but to be honest...I ran out of time to complete the process....it was my fault...so I just went with Codee's motion.
When I went to file the motion today the Clerk initially said it was too late and they couldn't accept it. They said the file was already over with the Judge. I told him that I am here with a motion, before trial, and you are going to accept it and walk it over to the Judge if you must...he left for a moment, returned and received the motion....I also asked him to make 2 copies and stamp those received as well.
I then asked him who the prosecutor on the case was. He said this is traffic court...there is no Prosecutor. I still had a copy of the received motion to serve the DA with...so I headed over to the DA's office to serve them regardless...
Once in court, I realized they had a "Commissioner" presiding on the bench...not even a Judge...so I was trying to remember the arguments regarding a commissioner....I recall I have a right to make a plea and have my trial in front of a Judge....not a commissioner.
I then realized the CHP Officer that cited me didn't even show up..or at least he wasn't there yet. The "Commissioner" was calling cases and if the Cop was there, the Defendants were found guilty....no exceptions.
When he called my name I knew I won...based solely on the fact that the Officer didn't show...so I was initially a bit bummed...I realized I wouldn't be able to argue....not the facts of the case mind you...we know better than that, but I wanted the court to address the motion to dismiss and I was getting curious how the commissioner would act when I challenged him presiding.
As I approached the well, I noticed the commissioner reading the motion. He didn't have to, I already won, but he seemed interested. He took his time too...left me standing up there for a few minutes....I asked him if he was reading my motion...he didn't reply with words...only lifted his finger as in saying just a moment....
He told me I was lucky the Officer didn't show up because he would have ruled against me. At this point it became interesting...I thought I would have a little fun at least.
So I asked him why would he have ruled against me...forget for a moment that he is really nobody in the legal world, but the case was being recorded by audio and I wanted to see if I could get him to say anything interesting for you folks.....
He said it was bad law, the motion, and he couldn't even be sure what I was saying in the motion. Again, this is Codee's motion that has had great success in the past and this is a mindless commissioner so I didn't put much stock in anything he was saying.
When he said case dismissed I asked that it be dismissed with prejudice....I know WP is only done in civil proceedings, right?, but wanted to set the stage for my next question. I asked him if this was a criminal or civil proceeding. He said it was criminal...I then asked him where was the prosecution? He said the officer would have been the prosecutor....I said really? So if the officer showed up who was going to testify against me....he said the officer....I then asked if the Officer was going to be both the Prosecutor and the witness? He seemed a bit confused at this point. He answered that there actually doesn't need to be a prosecutor because this is "traffic court". I then reminded him that he said this was a "criminal" matter and there must be a prosecutor representing the State if that is the case...he fumbled on his lower lip for a few seconds...uhhh uhhh...duhh suh....well......He then asked where I was getting my law from...I didn't answer his question...instead I asked him again if he was sure this was a criminal proceeding.....He told me he wasn't going to argue with me...case dismissed.
I know I am completely new to this....I was probably lucky the Officer didn't show...I could have easily put my foot in my mouth today....who knows what the bailiff would have done when I told the commissioner I wanted to see a real judge....haha.
One thing I wish I would have done...when the Commissioner told me the Officer was a witness I wish I would have pressed him on this. I mean, if a witness does not show to court...isn't there typically a warrant issue for failing to appear? If I didn't show he would have issued a warrant for me...why not the Officer who was also a witness?
The court makes audio recordings of the proceedings. I can get a copy if anyone is interested in hearing the exchange...its not too thrilling, obviously, but it was nice to make him think when he said the Officer was both the witness and the prosecutor..only lasted a few minutes. Oh I forgot to mention....I asked the commissioner about the ticket itself...I asked him what it was.....he said it was a "summons"....interesting huh? So the Officer was actually 3 things....process server, witness and prosecutor....haha.
Hats off to Codee for sharing his experiences with us all!!
I'm interested in hearing how I could have done differently...I didn't even care too much about the $455...I wanted some trial experience....oh well.
Last edited by Sandman : 12-22-2006 at 05:18 PM.
|
