For going 55 in a forty. He said two cops approached, one on each side of the vehicle, hands on tasers. They asked if he minded if they search the Jeep and he said yes I mind. Haven't you ever heard of the 4th amendment? Good boy.
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For going 55 in a forty. He said two cops approached, one on each side of the vehicle, hands on tasers. They asked if he minded if they search the Jeep and he said yes I mind. Haven't you ever heard of the 4th amendment? Good boy.
I have seen this video posted here before, and wanted to elaborate on a few things.
Firstly, always plead not guilty if your case is brought up before 270 days (pretty much the universal time allotted the state has to hear your case before you file your failure for speedy trial. If the officer is not there, yes, the case is dimissed. That is common knowledge. Here is something that isn't though. If the officer is there, still plead not guilty. Yes, you will lose. Tell the judge you will appeal to Circuit Court. Circuit Courts do not convene as regularly as local courts do, this is a plus. Also, these courts hear felony cases (rape, murder, drugs, ect). And they usually, depending on which state, mind you, convene for two weeks per session. Then, simply bide your time. Get a public defender. Have him answer in court for you, as is your right.....but your case will not be called, as they are not going to bump high profile felony cases to hear your speeding ticket. You must NOT file a motion for a continuance, as this RESETS your 270 days! After 270 days, have your public defender file the motion for dismissal based on the speedy trial rule, and you are done.
See, a Circuit Court judge is going to follow the law regarding that as he doesn't:
a) Have to deal with your misdemeanor speeding ticket
and
b) He DAMN sure doesn't want the rest of the court room to hear your motion, as it will be full of people that upon hearing it, will have immediate grounds to file the same.
I am not a lawyer, but always represent myself in court. And I haven't been convicted of a speeding ticket since 1994. If you REALLY want to have some fun with misdemeanors, when you show up for arraingment, demand a trial by jury. I've had judges just dismiss my case (one was for simple assault) upon that request, because they quite frankly don't want the hassle. As far as that video, the guy talking about how judges always ignore his motion to dismiss for speedy trial rule is his fault. That's when you have to appeal. Because once you get to the higher courts, you get away from the "home cooking" of some local justice of the peace who became a judge by election (I've actually had a JP tell me he didn't care what the law was, it was wrong), and you get to one who may not like it, but will follow the law. Also, regarding the speedy trial law, I do know states are different. AND....be sure to specify to your public defender you don't mean a request for a speedy trial. They are two different things. If he files a motion to request, it will flag your docket, and they will call your case. The speedy trial rule is different from a speedy trial request. You want to lay low, and file on the rule.
If you aren't being charged with reckless driving, I recommend doing the infraction deferral program. You just pay the court costs and promise not to speed within six months... at which time, the ticket is shredded.
Now if you are charged with a misdemeanor reckless driving charge, then you may still get it deferred under a 'misdemeanor deferral program'. It all depends on the local courts and what the prosecutors allow.
I highly recommend these programs because they are usually MUCH cheaper than getting an attorney and fighting it that way.
what happened next?Quote:
Originally Posted by kathy88
He told the cops who his mom was.Quote:
Originally Posted by satchelmcqueen
They gave him a ticket and he left. He said they looked very surprised.Quote:
Originally Posted by satchelmcqueen
Yeah right. He'd be in jail. lolQuote:
Originally Posted by Danke
he should never play into emotional talk ever.it is a legal game of chess .next time he should never answer their question.first take control of the dialogue by asking : what is the purpose of the stop officer? then state No I do not consent to any illegal serch or seizure without the written consent of a judge for a warrant to do so.Never ever answer the cops if they ask a question which injectsnany emotion in the reply.
Good for him for standing up for himself. No bullet holes or jail time. Turned out well.Quote:
Originally Posted by kathy88
10 rules for dealing with law enforcement:
http://www.youtube.com/watch?v=gmrbNLt7Om8
http://www.youtube.com/watch?v=CKPutNg88bA
http://www.youtube.com/watch?v=REJ2RsLp1Kk
http://www.youtube.com/watch?v=mUv3A4hscc0
7 rules for recording law enforcement:
http://gizmodo.com/5900680/7-rules-for-recording-police
DON'T TALK TO LAW ENFORCEMENT - PART I & II:
http://www.youtube.com/watch?v=i8z7N...layer_embedded
http://www.youtube.com/watch?v=08fZQWjDVKE&feature=player_embedded
CITIZENS GUIDE TO SURVIVING POLICE ENCOUNTERS:
http://www.youtube.com/watch?v=yqMjMPlXzdA
PRINT OUT THIS MINI POCKET CARD OF RIGHTS FOR YOUR WALLET OR GLOVE BOX:
http://www.aclu.org/files/assets/bustcard_eng_20100630.pdf
KNOW YOUR RIGHTS WHEN ENCOUNTERING LAW ENFORCEMENT (full version):
http://www.aclu-tn.org/pdfs/kyr/kyr_english.pdf
Video of how to get through a checkpoint:
http://youtu.be/ILqc0DMh84k
It is not always true that the case will be dismissed if the cop does not show up. The prosecutor can ask for a continuance. And around here, no judge is going to appoint a public defender for someone charged with a speeding ticket.Quote:
Originally Posted by Intoxiklown
They have to give you a PD. If they refuse, you'll find no problem in locating a lawyer who loves to sue the shit out of cities/counties/states. And as I said, each stae is different, but I've never had a PA ask for one when it happened. And even if they do, you simply apppeal.Quote:
Originally Posted by TywinLannister
See Alabama v Shelton. http://en.wikipedia.org/wiki/Alabama_v._SheltonQuote:
Originally Posted by Intoxiklown
They are not required to give you a PD if jail time or suspended jail time is not a possibility, unless PA has their own law that requires it. Where I live, you will NOT get a PD for a speeding ticket, # 1 because there is no constitutional or statutory right for it, #2, even if there was, the court has to find that you are indigent, which no court would do over a $300 speeding ticket.
Now, where I live, by statute indigent defendants are entitled to a PD if the fine is over $500 (Which almost all tickets are not) but again, you must be indigent.
Of course, they were surprised. They're used to dealing with ignorant & compliant sheep who don't know any better ...Quote:
Originally Posted by kathy88
I've lived in AL for just over one year, and never had to do it here. But I've never even asked for a public defender until I filed the appeal either. However, I've never in my life had to be indigent for a PD. There usually is a small fee ($25 to $50), but that is well worth it to avoid making call to a court room knowing your casse won't be called.Quote:
Originally Posted by TywinLannister
Here it depends on the case. Someone with a job is almost certainly not going to be considered indigent in a case with a $500 fine. Now if we are talking a murder trial, even the comfortably middle class will probably meet the definition. The determination is based on the expense of the case.Quote:
Originally Posted by Intoxiklown
Well....maybe he's idigent :cool:Quote:
Originally Posted by TywinLannister
Good for him. But I would add that anyone in that situation should have some kind of camera running, preferably one that live streams to the net.Quote:
Originally Posted by kathy88
www.qik.comQuote:
Originally Posted by jmdrake