Exhibition of Speed - VC23109(C)
12-18-2008, 01:47 AM
#47
Rennlist Member
Set it for trial. Set it time waived. The cop may not show 2-3 months from now. Then you ask for a dismissal. "I'm here, your Honor, but the Officer decided not to appear". Be prepared to call Pete as an expert if the cop does end up showing. Have photos of the scene and ask the court for an Elmo (or some type of projector) so the court can SEE your photos. Some DA fresh outta law school will try the case and probably screw it up. Remember, the state's burden is "beyond a reasonable doubt". Your defense is: I wasn't driving at a dangerous or unsafe speed. Good luck!
12-18-2008, 06:42 AM
#48
Race Car
(Who knows, rfloz probably dealt with me at some point. I hope I was polite.)
The judge has a fair amount of latitude, and traffic school -- in its basic form -- can be done online in a couple of hours. The variety referred to as 'repeat-offender traffic school' means 12 hours and you actually have to go to a place to do it. Still, this beats points on your record and the insurance nonsense that comes with them.
In my opinion, the deck is severely loaded against you if you go in thinking you're going to win because you're right.
12-18-2008, 11:46 AM
#49
Make the end result a win-win.
I agree with rfloz and jakeflyer.
The Court is interested in a expeditious result. They are overwhelmed with a full calendar schedule. They will not give you a long time to present your case.
The prosecution wants a guilty verdict.
Please to a lesser charge. See if you can do this now. Then you have time to prepare your back up plan.
The Court is interested in a expeditious result. They are overwhelmed with a full calendar schedule. They will not give you a long time to present your case.
The prosecution wants a guilty verdict.
Please to a lesser charge. See if you can do this now. Then you have time to prepare your back up plan.
12-18-2008, 05:21 PM
#50
I haddah Google dat
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Rennlist Member
why do people keep saying the burden of proof is reasonable doubt? That's true for civil cases and tort cases, but in criminal cases the state has to prove beyond any doubt, or as they say beyond a shadow of a doubt.
That is the theory anyway unless you get some activist judge.
That is the theory anyway unless you get some activist judge.
12-18-2008, 07:29 PM
#51
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There was a clown who got a ticket for 135 mph in his Porsche on the Harbor Freeway. He laughed when his case was called and the officer didn't show. Big mistake. I told him to return for the 1:30 p.m. calendar and told the clerk to track down the cop. She did. The guy got a huge fine and two points against his license.
12-18-2008, 11:22 PM
#53
Burning Brakes
Can you request of a copy of the police in-car video before deciding how to fight this? 0-35mph in an intersection is unlikely, so all you have to do is prove you were stopped to discredit the officer.
The judge may also see for himself that your "exhibition" was more about your 911's beauty than any kind of unsafe driving stunt like darting between cars.
BTW: I paid $80 to an online lawyer who plead out a nolo-contendre fine for my last ticket. There fine was hefty but it was worth avoiding out-of-state court time and/or traffic school and points. Apparently all they have to do is prop up an orange barrel to create a speed trap in Florida. There were no workers and no evident construction, but the officer was shooting us down like fish in a barrel claiming the limit dropped suddenly from 70 to 50 mph under an overpass. A real lawyer would have had the whole thing thrown out of court but would have cost me more and the net result would have been no better.
The judge may also see for himself that your "exhibition" was more about your 911's beauty than any kind of unsafe driving stunt like darting between cars.
BTW: I paid $80 to an online lawyer who plead out a nolo-contendre fine for my last ticket. There fine was hefty but it was worth avoiding out-of-state court time and/or traffic school and points. Apparently all they have to do is prop up an orange barrel to create a speed trap in Florida. There were no workers and no evident construction, but the officer was shooting us down like fish in a barrel claiming the limit dropped suddenly from 70 to 50 mph under an overpass. A real lawyer would have had the whole thing thrown out of court but would have cost me more and the net result would have been no better.
12-19-2008, 12:12 AM
#54
Rennlist Member
rusnak: The burden of proof in a criminal case in California is "beyond a reasonable doubt". There is no such burden in the law as "beyond a shadow of doubt". And "beyond all doubt" is an impossibility.
12-19-2008, 01:12 AM
#57
Rennlist Member
No problem. I'm in the business, so I need to know!
