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Thread: My son just got a speeding ticket.

  1. #1

    Default My son just got a speeding ticket.

    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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  3. #2

  4. #3

    Default

    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.
    "Self conquest is the greatest of all victories." - Plato

  5. #4

    Default

    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.
    Indianensis Universitatis Alumnus

  6. #5

    Default

    what happened next?
    Quote Originally Posted by kathy88 View Post
    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.

  7. #6

    Default

    Quote Originally Posted by satchelmcqueen View Post
    what happened next?
    He told the cops who his mom was.
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  8. #7

    Default

    Quote Originally Posted by satchelmcqueen View Post
    what happened next?
    They gave him a ticket and he left. He said they looked very surprised.
    "Men, it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, and one by one."
    —Charles Mackay

    "god i fucking wanna rip his balls off and offer them to the gods"
    -Anonymous

  9. #8

    Default

    Quote Originally Posted by Danke View Post
    He told the cops who his mom was.
    Yeah right. He'd be in jail. lol
    "Men, it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, and one by one."
    —Charles Mackay

    "god i fucking wanna rip his balls off and offer them to the gods"
    -Anonymous

  10. #9

    Default

    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.
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  11. #10
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    Quote Originally Posted by kathy88 View Post
    They gave him a ticket and he left. He said they looked very surprised.
    Good for him for standing up for himself. No bullet holes or jail time. Turned out well.

  12. #11

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    10 rules for dealing with law enforcement:
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  13. #12

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    Quote Originally Posted by Intoxiklown View Post
    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.
    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.

  14. #13

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    Quote Originally Posted by TywinLannister View Post
    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.
    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.
    "Self conquest is the greatest of all victories." - Plato

  15. #14

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    Quote Originally Posted by Intoxiklown View Post
    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.
    See Alabama v Shelton. http://en.wikipedia.org/wiki/Alabama_v._Shelton

    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.
    Last edited by TywinLannister; 01-20-2013 at 10:53 PM.

  16. #15
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    Quote Originally Posted by kathy88 View Post
    They gave him a ticket and he left. He said they looked very surprised.
    Of course, they were surprised. They're used to dealing with ignorant & compliant sheep who don't know any better ...
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  17. #16

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    Quote Originally Posted by TywinLannister View Post
    See Alabama v Shelton. http://en.wikipedia.org/wiki/Alabama_v._Shelton

    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.
    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.

  18. #17

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    Quote Originally Posted by Intoxiklown View Post
    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.
    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.

  19. #18

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    Quote Originally Posted by TywinLannister View Post
    See Alabama v Shelton. http://en.wikipedia.org/wiki/Alabama_v._Shelton

    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.
    Well....maybe he's idigent

  20. #19

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    Quote Originally Posted by kathy88 View Post
    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.
    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.
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  21. #20

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    Quote Originally Posted by jmdrake View Post
    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.
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