Members TattooedCarrot Posted June 18, 2005 Members Share Posted June 18, 2005 I think you're screwed, unless the cop stumbles all over himself in court, and since that's his job, it Link to comment Share on other sites More sharing options...
Members Tag Posted June 18, 2005 Members Share Posted June 18, 2005 Originally posted by TattooedCarrot Just some advise from a CA cop, good luck with it. Wow, you are a cop!?!? In that case I have a question for you:When you go to court to defend a ticket you issued, who is acting as the prosecutor - you or the judge? Link to comment Share on other sites More sharing options...
Members nwa111 Posted June 18, 2005 Members Share Posted June 18, 2005 Or you could ratchet it up a notch and just yell out "Your honor, This cop's a {censored}in' liar! ...and I can PROVE IT!" that will get their attention and show you're a man. Just messin' with you dude. There are ways around this. Just be civil. Play the game. Bring the judge a new leather briefcase like my lawyer did one of the last times I was in court! I thought "oh great." No I am not kidding...my lawyer just stands up and says "your honor, remember that old briefcase you liked so much when you clerked for me...here it is. I brought it for you!" The judge was like "this is so sweet!" I {censored} you not. Quit losing sleep over it. Do what you can and deal with it. If you get a bad judge and a Tackleberry cop you are not getting out of {censored}. On the other hand, if these guys are having good days and you're presentable, polite and sincere, they may just buy it and guilty or not, you may get to cop some plea. Either way, you will be out of some hard earned cash because that is the system. Guilty of malfeasance or nothing, they will have you opening your wallet. Link to comment Share on other sites More sharing options...
Members yaz75 Posted June 18, 2005 Members Share Posted June 18, 2005 Originally posted by Taganov Wow, you are a cop!?!? In that case I have a question for you: When you go to court to defend a ticket you issued, who is acting as the prosecutor - you or the judge? The police are no longer required to attend. The officers statements recorded on the back of the citation IS the description of the "case" against you. They stand as the official prosecuting testimony. As the officer said, things such as car color are not considered relevent. Times, location, license numbers etc are considered far more seriously. Link to comment Share on other sites More sharing options...
Members TattooedCarrot Posted June 18, 2005 Members Share Posted June 18, 2005 I don't think that's correct. I know here in CA the cop does have to be there or they'll dismiss the case. The notes on the back of the citation are only for the officer's recollection. Some muni code violations and ABC stuff (urinating in public, open containers and other stuff) don't always require a written report, and may have detailed notes substituted on the back; but that's only so the city attorney or DA knows the circumstances for filing because in misdemeanors the city attorney or DA will actually prosecute you which is not the case in a traffic infraction such as speeding or a red light. For a traffic infraction like your red light violation, the cop acts on behalf of the state/people. He presents his case to the judge or commissioner, then you present your side, then the judge rules. It's very fast, but that won't happen on your first court date. On your first court date, you have a chance to either plead guilty with an explanation and likely get some sort of reduced fine, or you plead not-guilty and they set a trial date. If you plead not-guilty, that's all you can say. They won't allow you to say your side of the story as it will have to wait for the trial date. The trial is by a judge, not a jury. If the cop doesn Link to comment Share on other sites More sharing options...
Members Tag Posted June 19, 2005 Members Share Posted June 19, 2005 Originally posted by yaz75 The police are no longer required to attend. The officers statements recorded on the back of the citation IS the description of the "case" against you. They stand as the official prosecuting testimony. As the officer said, things such as car color are not considered relevent. Times, location, license numbers etc are considered far more seriously. Are you kidding me? Some writing on the back of the ticket acts as the prosecutor??? No way, that's ridiculous, not to mention unconstitutional. Link to comment Share on other sites More sharing options...
Members TattooedCarrot Posted June 19, 2005 Members Share Posted June 19, 2005 Originally posted by Taganov Are you kidding me? Some writing on the back of the ticket acts as the prosecutor??? No way, that's ridiculous, not to mention unconstitutional. That is incorrect as you mentioned, I addressed it in my first paragraph in the post above yours. Link to comment Share on other sites More sharing options...
Members yaz75 Posted June 20, 2005 Members Share Posted June 20, 2005 Originally posted by TattooedCarrot That is incorrect as you mentioned, I addressed it in my first paragraph in the post above yours. Well I stand corrected. Here in Washington State, the police are not required to attend. The officers comments are considered the case against you and you argue against those statements directly to the judge. Once in a whlie the state provides a junior lawyer to shuffle the paper and act as the state, but most of the time, it's a room, a court recorder/clerk, you , and the ticket. That's it. It's been that way for years and it's been tested as constitutional. People used to get out of a citation by simply not having the officer show up. The state determined that it was a tremendous waste of time and money to have a cop sitting in court on the clock when they could be out doing their job. Link to comment Share on other sites More sharing options...
Members StrykeBack Posted November 29, 2005 Author Members Share Posted November 29, 2005 OK guys, heres an update after a long wait. thats right, it happened back in july and I just went to court now in almost december! I requested the time extention. got that since there was no way i had 400 bucks lying around which was my fine.Then I did the trial by writ which gave me another 30 days after that to get that in. which i then had to wait 30 days for a response which was simply a "GUILTY" stamp on the paper and no explanation. i was pissed, had 20 days to turn in a request for a new trial.Did that and then had a new trial scheduled for 30 days.Trial day came today, went to court for my first time but luckily i could bring 2 witnesses (girlfriend was intown visiting and my little sister was out of highschool by then).So i sit there and don't see the highwaypatrolmen that got me though it was dark and i could barely see him during the ticket night, so the first one up is some college girl that trys to plead not guilty to being busted for going 107 in a 65. yeah. judge wasnt' thrilled so he took her license for 30 days.I was last and guess what. mr lying cop didn't show up probably because he couldn't remember the details, or because he knew he coudlnt' properly swear under oath that he ticketed me just to rack up some numbers.So i'l have my 400 bucks back in the next 6 to 8 weeks. damn. I almost feel ripped off that i couldn't argue my case against him after all that happened. ohwell. 400 bucks, thats a few pedals or half an amp or something Link to comment Share on other sites More sharing options...
Members Tag Posted December 1, 2005 Members Share Posted December 1, 2005 Man that's AWESOME!Trial de Nova worked for you - I've had that exact situation happen once too...most people (maybe cops too!) have no idea that provision exists. Maybe that's why cops don't show often?Anyways, be prepared to wait 100 years for your check, I usually forgot all about it by the time I get mine, ha. My guess is that the court/state likes to take their sweet time and sit on your money while raking in the interest...Anyways, congrats, you better buy something cool with that money! (PS - nice sig. ) Link to comment Share on other sites More sharing options...
Members StrykeBack Posted December 1, 2005 Author Members Share Posted December 1, 2005 Anyways, congrats, you better buy something cool with that money! I would but i actually put that 400 bucks on my credit card since i didn't have the cash since i'm prepping to move and go to school. Perhaps i'l spend it on an amp modeler since i can't take my beloved Rectoverb to a studio apartment (would have loved to find a guest house in someones backyard in the woods but thats hard to come by in northridge or LA in california)POD or Tonelab, I'm sure i'l buy perhaps a new delay or something shiny for the guitar And yes, i'm glad you liked the sig. I still laugh every time i read it and get a visual image of that happening Link to comment Share on other sites More sharing options...
Members Tag Posted December 1, 2005 Members Share Posted December 1, 2005 (would have loved to find a guest house in someones backyard in the woods but thats hard to come by in northridge or LA in california)Don't have to tell me, used to live in both places...even just finding a good deal on rent is 1 in a million. And yes, i'm glad you liked the sig. I still laugh every time i read it and get a visual image of that happening Ha! Perhaps he knew it might go down that way, and decided to stay far away from your trial... Link to comment Share on other sites More sharing options...
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