07-26-2007, 12:01 PM
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Waking Up
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Join Date: May 2007
Location: Washington
Posts: 1
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Traffic Court
I'm new to this forum and thought I'd ask a question that maybe someone could answer for me. Last week I went to court on a speeding ticket and expired tags.
The "hearing" was in front of a commissioner with no prosecutor. I tried to give the right to travel arguement and the commissioner held up her hand and told me she didn't understand my arguement and if I didn't have another one she's make her ruling!!!
When I asked to question the officer she said I didn't suponea him so he was not require to attend. When I told her I didn't see anywhere (in all the statues and codes)that required me to suponea the officer she told me it's on the back of the hearing notice. The only thing stated on the back of the hearing notice is "You have the right to request a list of witness from the prosecuter and the right to suponea witness including the officer that issued the citation."
I guess my question is where should I go from here? It's $240.00 to appeal the case and you don't get a new hearing, it's just review in a closed session by the supreme court. I didn't even get to finish making my arguement before she cut me off and told me she didn't understand.
Any suggestions?
Thanks
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07-26-2007, 12:12 PM
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Practice Makes Perfect
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Join Date: Jan 2006
Posts: 377
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Yes, I have a suggestion. Educate yourself. Read your state statutes or codes. Read the general rules of your courts, and the local rules. Read the regulations or rules that govern this type of hearing. Find out what does and does not apply to you.
When you have completed most of the above, you might be prepared for the next time this happens to you. You will continue to learn with each encounter after that.
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07-26-2007, 01:22 PM
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Super Moderator
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Join Date: Oct 2006
Location: Maine state
Posts: 325
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hartka,
never ever argue...
if you're defending, you're losing...
make your accuser, prove all facets of their case.
For HIS Glory,
Akira
__________________
Ye shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honor the person of the mighty: but in righteousness shalt thou judge thy neighbor. - Leviticus 19:15
But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors. For whosoever shall keep the whole law, and yet offend in one point, he is guilty of all. So speak ye, and so do, as they that shall be judged by the law of liberty. - James 2:9-10+12
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07-26-2007, 07:35 PM
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Practice Makes Perfect
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Join Date: Oct 2006
Location: georgia state
Posts: 449
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x2 on #2 above....its tough man, i have been researching this stuff a LONG time and I learn new stuff constantly. There are people here who are knowledgable and will help you but you have to be willing to read and research and do the legwork. That is the price of an education here..go back through old threads about court cases, specifically the ones that are close to your situation, traffic laws in your state, definitions of words, etc. Dont assume anything and read, read, read....
Thom
without prejudice, all rights reserved
__________________
Blowing down the house of cards, one puff at a time.
Last edited by ThomPaine : 07-26-2007 at 07:37 PM.
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07-31-2007, 04:26 AM
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Come and Get Some!
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Join Date: May 2007
Posts: 1,239
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All I know is that something sounds wrong here... if the matter is brought even to traffic court someone has to testify- judge cant make final determination on just papers.
taking the ticket to court was always the clasic move, just because if the cop didnt show it was automatically dismissed. Appeal it just for lack of any testimony, lack of evidence.
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07-31-2007, 07:14 PM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,452
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Appeal?
Quote:
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Originally Posted by farmer_giles_of_ham
All I know is that something sounds wrong here... if the matter is brought even to traffic court someone has to testify- judge cant make final determination on just papers.
taking the ticket to court was always the clasic move, just because if the cop didnt show it was automatically dismissed. Appeal it just for lack of any testimony, lack of evidence.
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I agree, and make sure that you demand the officer to show up. It is just a hunch, you probably have a good deal on the line, if it cost that much to appeal.
Additionally, you should check your state’s constitution, to see just how Traffic Court fits in. In all cases that I am aware of, your trial, once you appeal, should be a new trial. If you have time, try to follow the suggestions by joseph sugarman.
http://www.suijuris.net/forum/court/...html#post68275
Welcome to the forum.
__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
All Rights Reserved.
Last edited by BOBT12 : 07-31-2007 at 08:20 PM.
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08-01-2007, 01:14 AM
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Banned User
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Join Date: Aug 2007
Posts: 87
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There is quite a bit wrong here. Why are you appealing directly to the supreme court?
What type of offense was it?
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