[ba] traffic attorney?

Fri Jul 9 01:48:53 PDT 2010

To second Steve's comments.......

I've fought three, got off on one when the officer did not show (I skipped out of court!), the other two had mistakes on several details regarding the infractions. The first ticket indicated the incorrect color of the car I was driving and the incorrect license plate number. The second infraction indicated the incorrect intersection I was said to have performed an illegal u-turn at. 

The infraction with the wrong color and wrong license plate WRITTEN on the infraction was a guilty verdict. The infraction indicating the incorrect intersection (the intersection written on the ticket ALLOWED legal u-turns) resulted in a guilty verdict. In both cases, the officer plainly said that he wrote the wrong information on the ticket..... the judge calmly asked both officers if it was a mistake. Both officers fessed to the mistakes, and then the judge (the same judge both times) asked if they witnessed me doing what they said. Both officers in different cases said yes. When the judge quickly asked me if I had any questions for the officers, I brought up the fact that the color, license, intersection, etc. were all incorrect and thus that in the name of justice I should be found not guilty. There were several interactions back and forth, each building a case for not guilty.......... In each case, the judge asked me if I had any further questions, blah blah blah. Gavel comes down, guilty, both times. 

Judges are there in traffic court to collect revenue. That's it. Officers are there to write tickets, in which case the judges are there to collect revenue. The ONLY times I have ever witnessed not guilty verdicts were in the cases of no shows on behalf of revenue enforcing officers. 

Your best chance is to show in court, plead not guilty, show to the trial date, and if the verdict is not to your liking, file an appeal. Then and only then, hire an attorney. Hiring an attorney before an appeal is a waste of time, plain and simple. Have the attorney request a trial by jury. the judge will laugh in your face and claim that is a waste of tax payers money (he wants a high conviction rate and more revenue earned) , but don't let that scare you, it is YOUR RIGHT! 

One thing is certain....a trail by your peers will certainly favor you more than a trial by a judge and an officer. 

Good luck!

> Date: Thu, 8 Jul 2010 22:38:13 -0700
> From: urq222 at ymail.com
> To: ba-group at audifans.com
> Subject: Re: [ba] traffic attorney?
> 
> Hey Shayne!
> 
> Sorry to hear of your fortune ... certainly an odd one!  You joked about it, but there's little doubt a "shouty" red S4 is going to make you more obvious to the Revenue Enhancement Officers ... 
> 
> While you will face an uphill battle compared to people fighting radar speedtrap tickets (which are supposedly easy to beat), I would give serious consideration to fighting the ticket.  On my soapbox a little ... I believe the system is deliberately set up to get people to pay their "sin tax" rather than fighting the ticket.  If more people went to court instead of traffic school there'd be a bit less incentive to write tickets in situations like yours.  Over the years I've fought two tickets ... lost both, but I'm still glad I did it.  
> 
> I'm a bit torn on the thought of getting an attorney ... I think you'd get less credit from the judge with a lawyer.  The thing is that a lawyer might be more skilled in approaches for discrediting the officer if you know there are points where his documentation of the event is flawed.  If you had any passengers who you can use as witnesses it might be enough to put you over the top.  
> 
> The thing is that you will have to put your time into preparing the case.  My first tilt at the windmill was a speeding ticket where I'm sure the rules for use of radar were not met.  I was told they had the traffic surveys at the court, but when I got there I learned that you had to subpoena them ... that pretty much shot me down there.  I was also convinced that the lights were timed for faster than the posted limit, which I documented by measuring the distance between lights and timing ... didn't help.  You might consider sitting in at the court just to see how things go before you commit yourself ...  
> 
> So ... no recommendations on lawyers ... look a couple up and ask them what they think about your chances of beating the ticket, and what they would bring to the table if you engaged them ... 
> 
> OBTW, the other ticket I fought was a "driving on the shoulder" ticket I got while lane splitting coming up to a metering light on a ramp.  Half the traffic at the metering light was on the shoulder (there was supposed to be only one lane, but traffic always made two ... not just the motorcycles).  I took pictures of the situation and did what I felt was a good job of explaining things in court ... but the commissioner still went with the REO.  Not long after my case CalTrans restriped the ramp to make it more clear that there was a single lane.  
> 
> Good luck!
> Steve Buchholz
> 
> ----- Original Message -----
> 
> so a week ago i got a speeding tix on the 580.  only prob is (for once) I
> WAS NOT SPEEDING!  i am sure i was "randomly" singled out of a crowd of
> cars.  even tho i was reported to be in lane 1, i was actually in lane 2
> being passed by a diesel mercedes WAGON with biodiesel plastered on the back
> of of it.  piss on me for driving a red s4 with a shouty exhaust.  i guess i
> should sell it for an old diesel MBZ or a prius.
> 
> ANYWAY, anyone know of an attorney in alameda county (oakland PD) that could
> handle my tix?  i have not been pulled over in 10+ years and i ain't about
> to start funding the city's coffers.
> 
> thank you all.
> 
> 
> 
> 
> Shayne
> 
> PARTING:
> 1972 mercedes benz 280 se 4.5
> 1986 audi 4000 cs quattro
> 1990 audi coupe quattro
> 1995 audi S6
> http://spokane.craigslist.org/pts/1831227937.html
> http://sfbay.craigslist.org/eby/pts/1831261447.html
> 
> 
> 
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