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Article #12299Re: Wanted: Advice on appealing traffic ticket
From: Floyd_-_Meyer
Date: Sat, 13 May 1995 00:00
Date: Sat, 13 May 1995 00:00
61 lines
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3783 bytes
Unless the traffic offense endangered someone, the citation is a make
money device. I explain to the court that it is against my beliefs to
give them money to punish me because they tend to do it more often
if I give them money.
However I am not above being punished. It depends on how much money
they wish to spend on the project. The first thing to do is ask for
dismissal if the District Attorney's office is not present. This is a
two party system. You must have a complaining party. The police
officer is a witness. It takes a licensed attorney to represent the
government that you offended.
The Judge will not want to dismiss, But he (she) is acting as the
plaintiff as well as the judge so it is a stacked deck they are playing
with.
Proposition 115 mandates mutual discovery between plaintiff and
defendant. Ask for copies of the tickets the officer has issued in
the last 100 shifts so you can see what kind of games the officer
has been playing.
Now all of this takes time. Both of yourself and the court and
district attorneys office. If you are a poor person you probably
have more time than money.
Ask for a public defender to represent you. They will not give
you one, so ask the judge to explain all those things you do not know.
About that time the judge will want to assign a district attorney
interface with you (thats the way it should have been all along).
The five minuet lecture that they give the defendants at the
begining of the court session should take about 4 hours to it
properly. They do not get into all the options like sitting the
punishment in jail if you wish. You should be able to ask questions
and receive comprehensive answers.
There are so many safegards that if you ask for all of them
(and you should) it consumes so much court and other civil servants
time that they will be sorry the officer did not give you a warning
and be done with you.
So do not be frightened (and do not be angry) but take the measured
steps. If there is a parking problem, ask the judge to lend you his
(her) parking place. Or perhaps one of the junior clerks reserved
parking place. Or permission to park along with the police vehicles.
This buisness of being a sovereign citizen should get you treated
as well as the civil servants. Be kindly towards the servants including
the judge.
As the OJ Simpson trial shows "You can get as much justice as you can
afford". You can replace money with time and effort.
If by the time your case is called by the clerk, you don't like the
way the judge treated the other people you can ask for another Judge
under California Court Proceedures 170.6 by stating in open court
"I do not feel I can get a fair trial in your court" and ask him (her)
to "Resign from this case as allowed under CCP 170.6" You must do it
at the begining of your case and can only do it one time per case.
Floyd Meyer Ph (408) 257-3821 Fax (408) 257-3821 pefe@cup.portal.com
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: fd3ff,2bcfac516f43ebd6 X-Google-Attributes: gidfd3ff,public X-Google-Thread: 102fd5,2bcfac516f43ebd6 X-Google-Attributes: gid102fd5,public X-Google-Thread: 106595,2bcfac516f43ebd6 X-Google-Attributes: gid106595,public X-Google-Thread: f824f,2bcfac516f43ebd6 X-Google-Attributes: gidf824f,public From: Floyd_-_Meyer@cup.portal.com Subject: Re: Wanted: Advice on appealing traffic ticket Date: 1995/05/13 Message-ID: <138695@cup.portal.com> X-Deja-AN: 102600264 sender: pccop@unix.portal.com references: <dangD8Dty3.FDB@netcom.com> <capstanD8E067.GvM@netcom.com> organization: The Portal System (TM) newsgroups: ba.consumers,ba.general,ba.politics,ba.transportation