Traffic Court Losses

camino, the rules in every state also say u can file the affidavit after trail by using the rule for mistake.

[EnSabahNur]

If you didn't read my response, I suggest you do, because I believe it will stop the action against you immediately.

[KaosTheory]

Man Weis,



I wish I had some suggestions for you as far as what you could have said. One thing that comes to mind is that you could have "not consented" to his offer to enter a plea. I have not heard of a hearing like this before.

better yet, if they entered a plea of not guilty for you, then whats the problem? u r not guilty, make them honor their plea for you.

that's a plea, not a verdict/judgment...



jon

[EnSabahNur]

Originally Posted by jmunson

that's a plea, not a verdict/judgment...



jon

If the judge was your Legal Representative then it is a Plea..otherwise if he is the judge it is his/her verdict. If you did not appoint him your representative then it is Fraud.



They CANNOT answer on your behalf, or they appoint themselves your representative. If he was Not being your representative then he is the Judge, and it is his verdict. So, which was he....because he CANNOT be both...or he is deep do-do.



So assume he was the Judge, thank him for the acquittal, and refuse to show up to any future dates on the matter, it is settled.

look, i was twisting their words back on them. if a attorney enters a plea of not guilty for me, then, hes saying im not guilty. whats the problem?

[charlesa6]

Weis

The court plea not guilty for you, and setup the trial date on Jan,19. The only option you have right now if the police who gave you the citation did'nt show up in court during the triall date as set. You ask the judge to dismiss the case base on absent of the officer. The judge aware of this ruling too.Look into the municipal code of your state. Most of the ruling related to traffic ticket etc are codifeld in the municipal code law. If you didn't show up at the trial date the judge will fine you guilty of non apperance,and will goes straight to your record. In a week or too you will received the bill in the mail for that fine.

[TheBlackTruth]

<font color=darkblue face=verdana>Weis,



The battle is far from over.



First, you can appeal to have the plea entered on your behalf withdrawn.



If more than 14 days has passed from the time you were pulled over (arrested) then you can also motion to dismiss based on untimely prosecution after you've been 'held to answer'.



If the arresting officer didn't have probable cause for the stop (which he certainly DIDN'T), then you can file motions to quash all evidence against you due to the 'fruit of the poisonous tree' doctrine.



If there hasn't been an agency determination submitted on the record, then the court has no SMJ due to the failure of the agency to exhaust its administrative remedy, thus depriving you of administrative due process.



The list goes on. Hence, the fight goes on!



-BT[/color]

en: i believe you correct. my reply was simply to point out the words, not necessarily the party using them or the action thereby.



kgodd: a plea is a position, not a final pronouncement of status. only the judge can issue the final pronouncement of status, and the course of action thereafter (in a non-jury trial).



jon