"seatbelt" success

Recently I had a friend "detained and ticketed" for "failure to wear safety restraint"(seatbelt). The "ticket" demanded $140.00 FRNs as tribute...er "fine" for this vile offense. I sent him a Bill of Particulars containing the following Interrogatories.


1. Am I entitled to a fair hearing?


2. Who has the burden of proof?


3. Am I presumed innocent of every element of this alleged crime?

4. Am I supposed to be informed of the nature and cause of the charges and proceedings against me?


5. Is there evidence of a complaining party?


6. Did I violate someone's legal rights?

7. If yes, then please specify which rights I violated.

I had him send this to the "cop shop" that "employs" this "peace officer". Also a copy was sent to the "county attorney" responsible for "persecuting"(yes, I spelled what I intended) the "case".

Roughly six weeks later he received a "dismissal" How they could let this "animal" go free after commiting such a heinous offense is beyond me...;^}

Any way you'd be willing to email me a copy of that Bill of particulars just soze I can get the format of it?

(You can leave the questions out if you want.)

If you could, I'd shure nuff appreciate it. (In my best NC dialect)

HB

Originally Posted by HenryBowman

Any way you'd be willing to email me a copy of that Bill of particulars just soze I can get the format of it?

(You can leave the questions out if you want.)

If you could, I'd shure nuff appreciate it. (In my best NC dialect)

HB

Sure Harry, happy to. It's in the form of a word doc. The e-mail on this forum does not appear to allow attachments. I could do a cut-n-paste. Let me know your preference.

[suijuris]

Goldenrule, great work!

You could also contact weis - he is in charge of the download area and can upload it for you if you wish.

It's actually just a very simple two page word document including the interrogatories. I'll just paste the first portion of the document below. First and foremost I MUST give due credit to the author of "Adventures in Legal Land."(www.adventuresinlegalland.com) A book whose importance simply cannot be overstated.

CITY/COUNTY OF FICTIONVILLE
Plaintiff
v.
DEFENDANT_NAME
Defendant
IN THE Court - NAME_OF_COURT_COUNTY_DOCKET_NUMBER

DEFENDANT your name FIRST REQUEST FOR A BILL OF PARTICULARS
DIRECTED TO COMPLAINANT CITY/COUNTY OF FICTIONVILLE

"Request for a Bill of Particulars", Defendant DEFENDANT_NAME respectfully requests the Attorney for the City/County of Fictionville to supply answers to the following questions.
This information is requested to assist defendant in defending himself against criminal charges brought by the City/County of Fictionville
OBJECTIONS
Objections to all or any portion of an interrogatory shall be set forth with specificity sufficient to allow the party propounding these interrogatories to understand the exact scope of and reason for the objection. Where an objection relates to only a portion of the information requested in an interrogatory, all other information not within the scope of said objection shall be provided.
Legal terms used in these Interrogatories which are not specifically described below shall have the meaning provided in the statute, regulation, ordinance or other legal authority from which term is derived, if any, or in the most recent edition of Black’s Law Dictionary. Any other word or term used in these Interrogatories which is not specifically defined below shall have its ordinary and customary meaning and usage. I am not a lawyer and I do not understand the nature and cause of the charges and proceedings I have been forced into.

[KaosTheory]

Hey Gold,

Glad you could join the party!! Welcome.

[seeker]

It is interesting that you should post this today .. my Dad (who is 83/84 in January) just got a ticket for not wearing his seatbelt. Now keep in mind the man nearly never leaves the small rural town we live in; if he goes over 30 mph I'd be shocked;he is furious over the cop giving him a ticket; he has a pacemaker and is so thin that if he wore the seatbelt and was restrained by it as it sits across his chest- I think it'd kill him -- the airbag is another debate.
So I was thinking of looking for some info regarding seatbelt "laws" -- he is very alert and intelligent, don't let his age fool you! He just can't hear worth a damned from years of factory work. The ticket may 'only' be 55 FRN's, but that 70 too many in my opinion.

So what do ya think? He was, of course, 'released on appearance" and is to go in to court on the 17th. I am afraid with all the prejudice against older drivers the 'judge' may try to get him to jump through hoops here. His driving record is 99% clean -- he had a chargable accident over 35 years ago.


Thoughts?

Seeker

[Akira]

goldenrule,

Welcome to the forum !

Excellent job !!! You do know how to enter a room ! lol

And by all means... cut / paste the entire doc here, or upload it to the files section (thru Weis) !!!!

Thanks,

Akira

CITY/COUNTY OF FICTIONVILLE
Plaintiff
v.
DEFENDANT_NAME
Defendant
IN THE Court - NAME_OF_COURT_COUNTY_DOCKET_NUMBER

DEFENDANT your name FIRST REQUEST FOR A BILL OF PARTICULARS
DIRECTED TO COMPLAINANT CITY/COUNTY OF FICTIONVILLE

"Request for a Bill of Particulars", Defendant DEFENDANT_NAME respectfully requests the Attorney for the City/County of Fictionville to supply answers to the following questions.
This information is requested to assist defendant in defending himself against criminal charges brought by the City/County of Fictionville
OBJECTIONS
Objections to all or any portion of an interrogatory shall be set forth with specificity sufficient to allow the party propounding these interrogatories to understand the exact scope of and reason for the objection. Where an objection relates to only a portion of the information requested in an interrogatory, all other information not within the scope of said objection shall be provided.
Legal terms used in these Interrogatories which are not specifically described below shall have the meaning provided in the statute, regulation, ordinance or other legal authority from which term is derived, if any, or in the most recent edition of Black’s Law Dictionary. Any other word or term used in these Interrogatories which is not specifically defined below shall have its ordinary and customary meaning and usage. I am not a lawyer and I do not understand the nature and cause of the charges and proceedings I have been forced into.




INTERROGATORIES

1. Am I entitled to a fair hearing?


2. Who has the burden of proof?


3. Am I presumed innocent of every element of this alleged crime?

4. Am I supposed to be informed of the nature and cause of the charges and proceedings against me?


5. Is there evidence of a complaining party?


6. Did I violate someone's legal rights?

7. If yes, then please specify which rights I violated.

[TheBlackTruth]

Good Job, Goldenrule and welcome to the forum!

May I ask what State/County you were in at the time?

-BT