Today's battle in court

[Livefire]

How on earth can the ticket be legitimate anyway?? The complainant (the cop) serves the man/woman with the citation....that in itself is a violation of proper service!

[pyroman1]

Originally Posted by weishaupt1776

Well, If you're going to go all the way with it merit wise, I would find out where the cop's substation is, and get his calibration records to boot.

I did obtain the Officer's calibration records, in fact here is a sample letter of what I requested:

I, pyroman1, do hereby request the following information in regards to Florida Uniform Traffic Citation No. 9999 issued on 10/31/2005 by P.O. Shmuck (Badge No. 999).

#1: All notes, records, and log files made by P.O. Shmuck (Badge No. 999) in regards to the issuance of FUTC No. 9999.

#2: Calibration records for any speed detection equipment used by P.O. Shmuck in regards to the issuance of FUTC No. 9999.

#3: The Operator’s Manuals for any speed detection equipment used by P.O. Shmuck in regards to the issuance of FUTC No. 9999.

#4: The PD's regulations and guidelines regarding the use, operation, and policies for the use of speed detection equipment.

#5: All engineering reports and studies performed in the determination of the posted limit, to include, but not limited to, the most recent 85th percentile speed measurement and any collision data used in the determination of the posted limit. The traffic engineering speed survey report as required by law concerning the posted and legal speed and specified in 23 CFR 630; 23 USC 109(d); 23 CFR 655.603 and MUTCD “2B.13 Speed Limit Sign, (R2-1)” concerning the required engineering survey for the section of road upon which the aforesaid allegation pertaining to the above citation of complaint and summons.

#6: A listing of traffic tickets issued by P.O. Shmuck for the month of October, to include: date and time issued, alleged violation, and disposition, (if determined).

#7: A total tally of all traffic tickets issued by the PD for the month of October, to include: date issued, alleged violation, the badge number of the issuing officer, and disposition, (if determined).

#8: All qualifications P.O. Shmuck has received for the use of projectile weapons, to include, but not limited to, the range qualified at. This part should be modified to distance qualified, seems to cause some confusion as currently worded


If there are any fees related to this request, please send an itemized bill for said fees to:
pyroman1
My Address
I have enclosed a self addressed stamped envelope if such a need arises. If there is further need for contact in which written correspondence is insufficient, please call (813) 555–1212.
Thank you in advance for your courtesy.
Very truly yours,
pyroman1

Of everything requested I received, direct from the Police Department:
1, 2, 4, 6, 7 (excluding badge numbers and dispositions), and 8 (excluding distance but including the name of the firing range, hence the italics above). 5 was obtained directly from the DOT and 3 wasn't even mentioned as to why it wasn't provided.

[Shoonra]

In response to Livefire: A traffic ticket is a deliberately created variation on regular criminal procedure. The fact is, that traffic court is also a deliberately created variation, a cross between an administrative and a criminal court (usually more administrative, altho it may not look that way).

The ticket is actually a convenience to you. You want it done the more orthodox way?? The cop arrests you, puts you in the back of <i>his</i> car, drives you to the courthouse, you wait for arraignment, the charges are read by the judge, you request bail, the judge sets a dollar amount, you produce that money or wait in the lockup for someone to bring it to court, and then you get to go home or go back to your car with a form telling you the date and time of the trial. That can ruin a whole day.

The ticket eliminates all but the last step. You are essentially arraigned on the spot, released on no bail, given your trial date (it's on the ticket). Five minutes maybe ten. Isn't that better?

Originally Posted by Shoonra

In response to Livefire: A traffic ticket is a deliberately created variation on regular criminal procedure. The fact is, that traffic court is also a deliberately created variation, a cross between an administrative and a criminal court (usually more administrative, altho it may not look that way).

The ticket is actually a convenience to you. You want it done the more orthodox way?? The cop arrests you, puts you in the back of <i>his</i> car, drives you to the courthouse, you wait for arraignment, the charges are read by the judge, you request bail, the judge sets a dollar amount, you produce that money or wait in the lockup for someone to bring it to court, and then you get to go home or go back to your car with a form telling you the date and time of the trial. That can ruin a whole day.

The ticket eliminates all but the last step. You are essentially arraigned on the spot, released on no bail, given your trial date (it's on the ticket). Five minutes maybe ten. Isn't that better?

Oh yes, since you put it that way, I prefer to lick the arraignment on the spot boots rather than the first ones.

Just so I don't get in trouble.

(We need a one finger salute smiley)

[weishaupt1776]

Originally Posted by Shoonra

The ticket eliminates all but the last step. You are essentially arraigned on the spot, released on no bail, given your trial date (it's on the ticket). Five minutes maybe ten. Isn't that better?

Yeah, but at arraignment, isn't being informed of the nature and cause of the charges, a prereq ?
How come the cop is incopetent to do that at the road stop?

So he must be incompetent to arraign.

You must think it's betterthat people are denied due process while you enjoy the protection of the B.A.R

[Livefire]

Actually, Id rather have the regular treatment.....only spin is....I wouldnt sign or post anything. Those idiots are gonna sacrifice their precious FRN's keeping me in their jail. The only thing they would see from me is a writ of HC issued and a bond or CPN based on HJR-192 keeping me in honor. Seems like you're a lackey for the system there Shoonra. Yick Wo waltzed outta jail and so can I. I bet you think all this regulation is good for you too!

[summergarden]

A friend of mine who was cited for making a U turn in a business district did not appear in Court on the appointed day, but instead filed numerous motions among which he denied jurisdiction ( I can't understand why...he does have a license) along with a brief, which cites umpteen cases on Right to travel and condemns the codes as not being the law (citing law reviews about the codes never being enacted... and the common-law of California never having been repealed....also contradicted the officer's determination of it being a business district by certain criteria which constitutes a business district according to their own rules.

Anyway, after handing the clerk of the court all of these motions, she said that the Court would mail it's response. The response came just a few days ago. I believe it took 2 weeks. ( Maybe that is the time frame you might be looking at) In my friend's case....IT WAS DISMISSED!

Summergarden

[pyroman1]

Thank you, glad to here your friend faired well. It's now been 10 days and nothing so far. The clerk of the court even has a website up in which one may view the status of one's case. It still says Taken Under Advisement.

[idknow]

Originally Posted by pyroman1

Thank you, glad to here your friend faired well. It's now been 10 days and nothing so far. The clerk of the court even has a website up in which one may view the status of one's case. It still says Taken Under Advisement.

--

``taken under advisement'' -- now THAT's an interesting statment!

[quote=pyroman1]Hello all!

My wife had her day in court today, and I thought I would share the results.
snip

well thought out and handled...

raz