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Ticket BS
Not to publicize this on the Quattro page, but just to clarify...
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>>>Any clerk will know what an abstract is.... Whatever. Take a
trip to the judge's office where you were last "convicted" and see. Two
types of docket sheets: Court docket and Case docket. You should know this.<<<
I deal with clerks in several courtrooms every day, and more over I am in
the prosecutor's office every day also. I have experience with all kinds
of clerks, in several jurisdictions. On that note, you said "docket sheet"
and this implies the "daily docket." As far as court docket and case
docket, the difference? Are you implying that one is some sort of a master
list the clerk keeps on every case in front of a judge? Its usually called
a computer database, in most jurisdiction kept on a county-wide basis,
unless of course you are talking about CLETS, CII, FBI2, NCIC, NCIC2.....
>>>Dismiss Ticket. "Cannot be done"<<< What planet did you fly in from???
>>>Get it done for my friends.>>>
I don't believe I said you CAN'T get a ticket dismissed, because it is
obvious you can. You said a ticket will be dismissed sometimes if you pay
a fine. Well, I don't know where you live, but good luck in CA getting
this, and from what I have seen in other states, it just does not happen
this way. Now, if you are talking about a minor possession charge and that
being dismissed AFTER the completion of a "Drug Education Class" (like
traffic school, then dismissal) that is different. Review your Con Law
principles counselor, you should know the difference. The class/traffic
school is not legally considered "punishment" as is a fine. Nobody pays a
fine and has the ticket dismissed, unless you are in court that plays by a
set of rules enacted on "another planet".
>>>Again, there is really no such thing as "pay a triple fine and
have the ticket dismissed YOU CANNOT BE PUNISHED IF YOU DO NOT GET
CONVICTED OF SOMETHING"<<<< Come on. If you are a judge, then maybe you
don't know what gets done outside your court. If you are a lawyer, and
do this for a living, then you ought to know it is done--regularly.
Again, BTDT. The point to all this traffic mess is you have to find
someone that can work with the prosecutor. If that happens to be a
"traffic lawyer" then great, you got off cheap[er]. BUT, don't tell me
it can't be done, 'cause I got it done for a buddy who is a commercial
driver LAST WEEK!! You don't think he was happy to pay a fine and not
have it go to the BMV? BTW, I charged him $0.00. Took 15 minutes and he
wasn't even in the State.<<<
I realize you have some sort of grudge against traffic lawyers, but it
sounds like you are a civil lawyer who thinks he can skate in and "smooth
everything over" like it is no big deal. You paint a picture that is
misleading. Traffic violations are no longer treated as Mickey Mouse
charges like they were ten years ago. What are your legal grounds for
rationalizing that what your court does is constitutional? Apparently your
jurisdiction has many defendants who are wholly unaware of their rights and
the case law behind punishment and fines.
I'll bet the DMV will get info on your buddy, because most states require
ALL proceedings brought against Commercial Drivers be forwarded to the
BMV/DMV. Remember that little thing like "the standard of care for experts
(commercial drivers) being a little more that the average, reasonable
person...etc."? But seriously counselor, if you pay a fine, you are
admitting guilt, regardless of the points. You are being convicted and
there will be a record, no matter what you think. Otherwise, your court is
engaged in some sort of money making scheme.
>>>Expungement<<< I didn't say [did I?] that a prosecutor could
expunge your record. You infer however, that things like DUI can't be
expunged. Again, BTDT. Heard of deferred prosecution?<<<
Yes, you did say that. Deferred prosecution? You mean a "stay of
proceedings"? A deferred prosecution (as you put it) normally means the
court will stay the proceddings until you complete traffic school or
otherwise. Moreover, if it is a misdemeanor (not an infraction) you will
have to get the defendant to waive time....but that's "BTDT" as you say.
Some states will let a DUI be expunged, but the legal effect may only be
that employers, etc. may not be able to view the info, but the conviction
in most states will still serve as a first offense. Other states will not
let certain "movers" be expunged. I do not think I implied it could not,
under any circumstances, be expunged.
>>>"judicial notice" of the validity of radar guns<<< Right and
wrong. If you don't make an issue of the calibration of the gun it will
be accepted. If you are a judge but don't allow experts on the issue of
radar guns--shame on you. They are NOT always right. BTDT.
I did imply a wholesale denial of expert testimony on calibration issues.
This will almost certainly come in. The JN was to the validity of a radar
gun in general, which in most jurisdictions is a decided issue. I do not
believe I ever came close to stating that the guns are always right. Which
ones are you talking about? Stalkers, MPH's, K-55's....?
>>>traffic lawyers<<< Some good some bad. Nothing new there. I
was not insinuating incompetence across the board. As for "smoking" a
"regular" crimminal defense lawyer, well, believe what you will. Some
lawyers go to traffic so they can feed their family. No problem here
with that. However, most "regular" [your word] crimminal defense lawyers
avoid traffic like the plague. Let's put it this way, good trial lawyers
don't turn down securities work or product cases in order to keep their
calender open for traffic court. Never charged a dime for working out
traffic stuff--done strictly as a favor for friends. Most good crimminal
defense lawyers are too busy on paying cases to work out a ticket.
Except for a friend.<<<
You make it sound like I am talking about those who advertise "PI, Probate,
Divorce, Criminal, Traffic...etc." I am talking about those guys who are
EXPERTS. There are very few, and I doubt you have ever met any of them.
"Regular" was a layman term for those on the list without the legal
background. Semantics are semantics (except in court, of course). Where
do you practice? How can you say most criminal defense lawyers avoid
traffic like the plague? I know many criminal defense lawyers that see
these as an opportunity to make good money with relatively uncomplicated
legal issues and no real time drain.
"Good" trial lawyers specialize, and they do often turn down securities and
product liability cases because they are not EXPERTS on this. The "good"
general trial lawyer you refer to is a dying breed. Kind of like the last
"general practitioner" MD I saw who was telling me about the AIDS research
he was doing right after his last neurosurgery....
BTW, does representing your friend in a traffic matter count as pro bono at
your firm? Also, I do think traffic cases are considered "paying cases,"
as I am sure no lawyer (other than lottery winners) does pro bono traffic
cases (unless, like you, he knows the defendant).
>>>Inaccurate Information<<< To coin an old phrase, ain't a cowboy 'til
>>>you stepped in shit. Been in shit from Denver to Dallas, Miami to
>>>Michigan, never once been accused of givin' bad information. Just call
>>>it like I see it and like I do it.<<<
Yeah, I guess working for a federal judge, a large corporate firm, in-house
for a Fortune 500 company, and the DA's office won't qualify as having
"stepped in shit". BTW, these were not all in California. You may have
not been accused of givin' bad info before, but it seems to me in this
instance....
Oh, forget it.
The Judge
'90 80Q
'85 5K (real son of a bitch; gone and forgotten)
'84 VW Scirocco 16V Wolfsburg Ed.
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