Anyone legal savvy?
Re: Anyone legal savvy?
Did I miss the part where you said you were or were not wearing your seat belt? If you were honestly wearing it, I would go to court and tell the judge that, and hope he believes you, all you can do. If you honestly were NOT wearing it, why fight it, you were caught pay the fine. Just my opinion.
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Re: Anyone legal savvy?
The only people who ever get their rep **** with (by me at least) are the people who complain about rep in the first place, as it is a totally useless and arbitrary measure on this site. I don't put any time into policing it, and it's supposed to be a joke.seaNsk wrote:You getting out of the ticket is about the same likelihood that you will get your rep back.
Continuing to complain often has an exponential effect.
Re: Anyone legal savvy?
If your state allows it, do a trial by declaration. Cops don't get paid for those so there's no incentive for him to fill out the paperwork. Then do the delay/extension dance if you somehow lose the trial by mail.
Also possibly contact e`man because I'm pretty sure he's had more tickets than dpk has driver's licenses.
Also possibly contact e`man because I'm pretty sure he's had more tickets than dpk has driver's licenses.
Re: Anyone legal savvy?
If I where you like all cops they have a camera infront of there cars always rolling along with the radar to check peoples speeds. You could always have them look at it, if nothing else works because it would show you having the seatbelt on just before the cop went by. By law they have to show you the footage also, its illigal for them not to.
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Re: Anyone legal savvy?
I don't know what the situation is down in the States but whenever I receive a ticket, I ALWAYS fight it and get off.
Example:
Dad and I pulling out of gas station wearing no seatbelts crossing one lane of traffic to go the McDonalds drive thru and cop sees us and pulls us over. Dad also didn't have his registration on him as we were going to play ball hockey. Cop is a complete bitch (yes, woman) and we tell her we'll see her in court. She doesn't show up, we get off.
We also have a new system in place to reduce court wait times. Small tickets will allow you to see the court clerk. 15 minutes explaining your situation to him and he throws out the ticket.
All in all, fight the ticket. Always fight the ticket.
Example:
Dad and I pulling out of gas station wearing no seatbelts crossing one lane of traffic to go the McDonalds drive thru and cop sees us and pulls us over. Dad also didn't have his registration on him as we were going to play ball hockey. Cop is a complete bitch (yes, woman) and we tell her we'll see her in court. She doesn't show up, we get off.
We also have a new system in place to reduce court wait times. Small tickets will allow you to see the court clerk. 15 minutes explaining your situation to him and he throws out the ticket.
All in all, fight the ticket. Always fight the ticket.
Re: Anyone legal savvy?
meekrab wrote: Also possibly contact e`man because I'm pretty sure he's had more tickets than dpk has driver's licenses.
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Re: Anyone legal savvy?
Thanks for the input. I do plan on fighting this to the bitter end, even if it means having to drop a few grand on a lawyer (Yes, I'm that pissed off about this)
This country's criminal policy is "Innocent until proven guilty" correct?
So why in a "he said, she said" situation would the word of the officer be any more valid than the word of a citizen? He has absolutely no proof, (badger, your idea if pretty much void, he was traveling perpendicular to me, so there is no way that a forward facing camera would have even seen my vehicle, not to mention they only record when lights or a siren are turned on) Is there some obscure law that says "an officer's word is more truthful than a regular citizen's? I honestly wouldn't be surprised. This is the kind of information I'm trying to dig up before I continue.
Meekrab, I'm going to talk about this option when I call my insurance's legal consultation branch. I am wondering how well this will work though, is my only option to make the argument of ""the necessity of proof always lies with the person who lays charges." whereas the defendant has the "benefit of assumption" ?
Are there any other arguments that you guys would recommend including if I was to do a trial by written deceleration?'
It seems like the burden of proof, and the inability to fairly decide which of the parties is lying, should have it thrown out all together.
Sean, you made my day with that post. +re.... oh wait....
Sears, ummm exactly what did the two of us do to deserve the wrath of your neg hammer? I can't speak for sean, but I have been nothing but supportive of your efforts with 1911, I may not agree with you -or other admins on this site- and I may have a good time neg training defiance and yaso, but didn't you say it's all arbitrary and stupid anyways? So why is it being treated as such a serious matter?
inb4anotherneg.gif
P.S. Knockout, denny doesn't have alzheimers, he has t3h m4d c0w. derrrrrrrp
This country's criminal policy is "Innocent until proven guilty" correct?
So why in a "he said, she said" situation would the word of the officer be any more valid than the word of a citizen? He has absolutely no proof, (badger, your idea if pretty much void, he was traveling perpendicular to me, so there is no way that a forward facing camera would have even seen my vehicle, not to mention they only record when lights or a siren are turned on) Is there some obscure law that says "an officer's word is more truthful than a regular citizen's? I honestly wouldn't be surprised. This is the kind of information I'm trying to dig up before I continue.
Meekrab, I'm going to talk about this option when I call my insurance's legal consultation branch. I am wondering how well this will work though, is my only option to make the argument of ""the necessity of proof always lies with the person who lays charges." whereas the defendant has the "benefit of assumption" ?
Are there any other arguments that you guys would recommend including if I was to do a trial by written deceleration?'
It seems like the burden of proof, and the inability to fairly decide which of the parties is lying, should have it thrown out all together.
Sean, you made my day with that post. +re.... oh wait....
Sears, ummm exactly what did the two of us do to deserve the wrath of your neg hammer? I can't speak for sean, but I have been nothing but supportive of your efforts with 1911, I may not agree with you -or other admins on this site- and I may have a good time neg training defiance and yaso, but didn't you say it's all arbitrary and stupid anyways? So why is it being treated as such a serious matter?
inb4anotherneg.gif
P.S. Knockout, denny doesn't have alzheimers, he has t3h m4d c0w. derrrrrrrp
Re: Anyone legal savvy?
whoa there Charles Dickens, I didn't sign on here to proof read a novel.james- wrote:Thanks for the input. I do plan on fighting this to the bitter end, even if it means having to drop a few grand on a lawyer (Yes, I'm that pissed off about this)
This country's criminal policy is "Innocent until proven guilty" correct?
etc.....
I was actually in the same situation a while back. State trooper wrote me a ticket in the parking lot at work, after I had parked and taken my seat belt off (I had it on when I passed him). The ticket was like $140 total. If i had of gone to court to fight it, and lost; I'd have to pay the fine + court cost which is around $110-$120 + miss a days work...I said **** it and paid it. If I had money to piss away I would of fought it for the simple fact that I had my god damn seat belt on, and it angers me to no end being falsely accused of something.
Re: Anyone legal savvy?
ricky is our experienced expert on car related charges here.
Re: Anyone legal savvy?
rofl, truth. If you need advice on anything involving a moving violation, let me know.unpro wrote:ricky is our experienced expert on car related charges here.