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When I was stopped about 12 years ago, the cop said he had to make a quota for what he called "contacts with the public," so he wasn't going to give me a ticket, he just had to go through his book. I thought I had a branch in my front wheel as something was flapping. So at a corner, I gunned it and got to 35 in a 25 for about 100 feet before slowing down. Not saying how many beers I had earlier. Whew! Don't worry, not enough for a ticket.
 

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I've run into a-hole cops and nice cops in my few years on the road (mostly the first 2 years of my license). I say Yes Sir and No Sir, admit nothing, and let them do their job. 1 week after getting my challenger (and 6 years since my last speeding ticket) I get pulled over gunning it through a yellow light I didn't feel like waiting for (Doh). 60 in a 45, cop only cares about hearing my engine rev, and lets me go :)

Good luck on your case Speedy. I've always wondered how successful I'd be at contesting a ticket, though almost all of mine were 95+ in a 70, and I know I was going faster than that before my radar detector went off... Glad those days are behind me.
 

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Discussion Starter #64
Little update to this one.....


Round 1 goes to me. Hit court today and officer comes unprepared with all the docs I'd filed for in subpoena. We all banter back and forth on the validity of the documents and the judge sided with me. I almost motioned for dismissal, but didn't think the judge would go for it this early in the process.

Since the docs weren't presented and I needed them (and time) to prepare my defense I motioned for a continuance. Judge granted said motion and ordered the PD to provide me with the docs I'd requested.


Now, whether they'll help or not who knows. Next court date is June 16.

I've got a couple of subpoenas to file based on things I learned today in court.

I'll post up the full story after it all plays out.
 

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Keep up the good fight,

Just don't lose your cool and yell out " YOU CAN'T HANDLE THE TRUTH ...",

or other movie lines, "... NO YOUR OUT OF ORDER, THIS COURT IS OUT OF ORDER ...
:smoker:
 

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Discussion Starter #67
shoulda moved for dismissal. wouldnt have hurt at all
Possibly. I'm no attorney and the whole thing is a bit inundating. I could feel them trying to wash over things I was asking for, judge included, and I'd have to stop them and repeat exactly what was missing several times.

It took some "gentle prodding" to bring the judge around, and once that tide turned it was funny how things started to roll my way pretty good. Something I'll remember for the trial for sure.
 

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your asking for trouble, them cops are gonna break your balls ever chance they get
 

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Discussion Starter #69
your asking for trouble, them cops are gonna break your balls ever chance they get
Yeah, I wondered about that as well. The car is the ONLY Hemi Orange Challenger in the local area...or any Challenger for that matter.

Good thing I'm in the process of moving from that city since the issuance of the citation and my car is in storage for a while :) I'll just have to be extra careful if I go through there. Officer was NOT happy with me after court today.
 

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I lived in your area for one year back in 1985. Got 2 speeding tickets & 1 parking ticket. Both speeding tickets were for running 5 mph on speed limit at 3am in the morning on my way to work. If I remember correctly I was doing 35 in a 30 zone. I never paid the parking ticket. I moved to another town Figured I would lose my licenses if I lived there any longer.
 

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Oh by the way the speeding tickets were by the same officer
 

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I lived in your area for one year back in 1985. Got 2 speeding tickets & 1 parking ticket. Both speeding tickets were for running 5 mph on speed limit at 3am in the morning on my way to work. If I remember correctly I was doing 35 in a 30 zone. I never paid the parking ticket. I moved to another town Figured I would lose my licenses if I lived there any longer.
dirty ******s
 

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Possibly. I'm no attorney and the whole thing is a bit inundating. I could feel them trying to wash over things I was asking for, judge included, and I'd have to stop them and repeat exactly what was missing several times.

It took some "gentle prodding" to bring the judge around, and once that tide turned it was funny how things started to roll my way pretty good. Something I'll remember for the trial for sure.
the crappy part is that if you asked for a continuance because you need to get more evidence for yourself (not something you asked for from the cop with a subpena), the judge would have denied it. its not a fair system. the rules of discovery are on your side so there shouldnt have been a need for gentle prodding. You requested discovery and you should have received it and then ask for a dismissal if the cop did not have a good reason for bringing it. normally, the cop would ask for the continuance- not you. the continuance in this instance goes in his favor

normally, you send the subpena to the prosecutor- not the cop (witness in this case)

What if the prosecution doesn't give me the information I requested?
If your state mandates that certain items be given you, and they aren't, or the court orders that certain items be given you, and they aren't, you can ask for a Motion to Dismiss for failure to provide Discovery and it's likely the motion will be granted. However, if no such mandates exist and the court has not ordered that certain items be given you, there is little likelihood that a dismissal will be granted. Although, a continuance might be granted to give you more time to seek the information through other channels.
A continuance (a rescheduling of a court hearing at a later date) of a civil action may be granted due to the absence of documents or papers. The party failing to produce the documents requested by a subpoena duces tecum must show good reason why there was a failure to do so. Acceptable explanations have included loss or destruction of papers, or an agreement to use copies. The party seeking the continuance must show that the absence of the documents is not because of the negligence of their own, or of the attorney of record.[4]
Similarly, a continuance may be granted in a criminal case if there is good reason documents pertinent to the case could not be produced at the time of trial. For example, a continuance should be granted for failure to produce a transcript of testimony given at a previous trial. In general, it is reversible error to proceed with a criminal trial in the absence of a previous trial transcript, when such contains pertinent information that should have been considered in the new trial. In these cases, a continuance is the usual remedy. The trial judge or magistrate is the one who issues the continuance.[5]
 

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Discussion Starter #74
Well, this would be classified as your standard kangaroo court.

They've somehow bypassed the need for a prosecutor in traffic ticket cases in this county. It's just me, the cop, and judge.

I don't wanna post too much on my next steps until the trial is over. Never know who's watching but let's just say I have my ducks in a row.
 

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Somehow, this all reminds me of Vanishing Point:

And there goes the Challenger, being chased by the blue, blue meanies on wheels. The vicious traffic squad cars are after our lone driver, the last American hero, the electric centaur, the, the demi-god, the super driver of the golden west! Two nasty Nazi cars are close behind the beautiful lone driver. The police numbers are gettin' closer, closer, closer to our soul hero, in his soul mobile, yeah baby! They about to strike. They gonna get him. Smash him. Rape... the last beautiful free soul on this planet.

:bigthumb:
 

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Discussion Starter #76
Somehow, this all reminds me of Vanishing Point:

And there goes the Challenger, being chased by the blue, blue meanies on wheels. The vicious traffic squad cars are after our lone driver, the last American hero, the electric centaur, the, the demi-god, the super driver of the golden west! Two nasty Nazi cars are close behind the beautiful lone driver. The police numbers are gettin' closer, closer, closer to our soul hero, in his soul mobile, yeah baby! They about to strike. They gonna get him. Smash him. Rape... the last beautiful free soul on this planet.

:bigthumb:

Bwahahah, except in my case I immediately pulled over when the officer motioned LOL. I sure wish I had the guts to have just nailed it and said "PEACE OUT".
 

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This thread sure brings up a boatload of memories. I spent quite a bit of time there in my teens and 20's. You'll fare better if you don't overthink things. Best of luck.
 

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Speedy, You got any offers for a movie deal yet? cannonball's pretty much got the story outlined so you're gonna to have to leave out the part where you pulled over voluntarily. LOL
 

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Discussion Starter #80
OK 2nd court date is tomorrow. Wish me luck.

For those in the "know"....when do you motion to dismiss? Is it after the prosecution tells their side of the story or just right off the bat or ?
 
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