Quote:
Originally Posted by Skip
"...First, the map is the product of a private company and makes no claim to being a legal document. But of further importance is the information printed on each map and made clearly available on their website, which strips you of any legal right to claim their information is a definitive legal source..."
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An exhibit needn't be "a-legal-document-from-a-definitive-legal-source".
A fuzzy black-and-white snapshot taken with a Kodak Instamatic—that
I took—could become a courtroom exhibit.
Quote:
Originally Posted by Skip
"...As for APS' assertion that you can use the map for a defense in court reference a speeding charge, let me warn you that would be very foolish..."
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1) It'd be even more foolish IMHO, to hire a $300-per-hour lawyer while waiting in line to fight a $100 ticket. (And it's the website
error—not "the map"—that will provide your extenuating circumstance).
2) Traffic Court is not Criminal Court: In some locales, Traffic Courts have "Hearing Examiners" substituting for expensive judges.
Perhaps by being a good debater, I've never been presented with a ticket in New Hampshire—a state that appears unfriendly to out-of-state violators. I did get a NHMP
warning, but presented my argument to Director Barrett, who responded with a written apology that I keep handy.
However, in my other experiences in Civil courts, Traffic Court Judges (and Hearing Examiners) not only seem eager to hear the arguments of the citizen, they appear to lend a sympathetic ear
to those arguments.
But by all means,
do challenge the ticket, and
do present your mitigating arguments and exhibits. Even if a finding of guilt follows your reasonable attempt at vindication, the end result can be "non-punitive". (A no-fine penalty).
3) In one day, a Judge can see (and get to know) the same LEO in several cases in a row. That officer's reason for a traffic stop most often has the Judge tending to side with the LEO. IMHO, you stand a better chance of avoiding a fine by
not arguing any deficiencies of radar and
not arguing the skills of the LEO.
Since adulthood, the only case where I was successfully fined would require a courtroom appearance in Colorado: Who's going to travel 2000 miles to challenge an $85 speeding ticket?
(And I had zero exhibits to present against the radar that nailed me anyway).
Quote:
Originally Posted by SIKSUKR
 Ya, like a few members on this forum. |
Wouldn't it be more suitable to read the merits of a debate at the appropriate time in the appropriate forum?
