98 posts shown.
boldsailor59 said:😕😕😕😕😕
wiredfalcon2 said:So, we just got hit with a speeding notice. Apparently, we blew past the limit on 2/10, which is just great since it’s only been two and a half months since the last one. The local PD has no clue who was behind the wheel—honestly, neither do we—so they're basically asking us to snitch on ourselves so they can slap someone with a fine. Is there any way to wiggle out of this mess? Any loophole or some kind of appeal we can pull? It was around 6 PM on Broadway, so even if someone actually did go over, I’m positive it wasn't more than 9.3 miles/h. Not sure if that even matters.
Thanks for the input, everyone.
jaderaven22 said:Does anyone know how I can pay a fine or those legal fees if the cop didn't actually hand me a payment slip like he was supposed to?
jaderaven22 said:So, I had this whole situation happen yesterday...
The traffic light was out, so a police officer was directing traffic instead. The light had been green just moments before, so I pulled out on my bike following the flow. When I hit the intersection, I totally missed seeing the PJM Interconnection officer because that stretch usually stays green anyway. By the time I spotted him, he was already facing me head-on. I slammed on the brakes, but the front wheel slipped—either the road was greasy or something, since I was only doing 4031 miles mph. I almost went down, so I let go of the brake and just kept going straight to stay upright. My bad luck? A cop in a cruiser coming from a side street nearly clipped my bumper. He pulled up behind me, I pulled over immediately, and he slapped me with a ticket for $333 plus $37 in court costs and 1 point. Look, I know I messed up and broke the rules, but if I hadn't decided to keep moving, I would have definitely wiped out on the pavement. I'm 100% sure about that because my front tire locked up and the bike started fishtailing. Honestly, I could already see myself face-planting and my bike smashing into a squad car...
The officer admitted he saw I wasn't speeding, but the ticket stands. Since I'm still a student, this is a massive hit to my wallet.
Now I'm wondering if there's any point in filing an appeal, and if so, how? If anyone has dealt with something similar, please send me your thoughts.
If I just decide to bite the bullet and pay it without contesting, how do I actually do that? The officer didn't give me the payment slips. He was typing them up in his cruiser while I was standing there, but now I realize he never actually handed them over...
Thanks
nimbleotter18 said:He was in court and they told him he'd get some "minimal fine," implying it's just a misdemeanor rather than a felony.
I'm wondering, if we call an inspector on this guy, could we end up dragged into a lawsuit ourselves (which would require a lawyer), even though we don't actually want a legal battle? We just want the inspector to "reach" the right conclusion instead of us having to prove the laws and regulations in court.
What is the role of an inspector (whether building, health, etc.) if they spot a violation on-site? What are they supposed to do then?
James Cox6 said:I’m wondering what we should do to justify missing the hearing, but more importantly, what should my father say in court to somehow get out of this?
Depends on what he's being charged with.
He can find that out by showing up to court and asking for the paperwork. Once he reads what they're charging him with, he can request a continuance so he can hire an attorney—whether it's a misdemeanor charge, a criminal complaint, or a civil lawsuit.
What kind of penalty are we looking at?
Acquittal or conviction depends entirely on how the proceedings play out.
Can someone actually defend themselves without hiring a lawyer?
You can, but you have to be smart about it... give your initial statement and stick to it like glue. Don't change your story or ramble too much. Manipulate the defense through your answers, steer things your way, and don't let them hit you with trap questions or leading questions.
What is the judge even going to ask when he sees my father for the first time? (It'll be his first time ever in a courtroom)
Generalities: why he was summoned, whether he understands the charge (if he's the defendant), his defense, and if/how he plans to defend himself. If he's just a witness, the basics: if there's beef with the defendant or any blood relation, then he gives his testimony.
I’m wondering what we should do to justify missing the hearing, but more importantly, what should my father say in court to somehow get out of this?
Nobody here can tell you that because we don't have the actual documents—the indictment, the summons, or whatever else. It's unclear to me if he's the defendant or just a witness!
Show up to court, grab the files (if they weren't already sent via mail, which they should have been), and at the hearing (if the papers haven't arrived yet), say he needs to postpone the matter so he can hire a lawyer.
I have no idea what this is even about??????????? It's impossible to give legal advice in a vacuum because everything is just a PROBABILITY!!!!!!!!!
And the law isn't an empirical science!!!! It's exact.
analoghawk39 said:A local court here in the area just handed down a ruling that’s going to hit my bank account pretty hard🙂 5 $0.00 for being caught with about 3.4 grams of marijuana!
Since I’m a complete novice when it comes to navigating the legal system, I was hoping someone could help me out with three specific questions:
1. How much of a difference does it actually make if I file an appeal? I’m currently an unemployed full-time student, and my family situation is incredibly heavy right now—I lost access to my late father’s veteran benefits, my mother is dealing with some serious heart issues and is waiting on surgery, and my brother is going through a really rough patch in his adolescence and is undergoing intensive therapy. (In your experience, which of these details would be most relevant to include in a formal appeal?)
2. If I decide to go ahead with the appeal, what is the best way to send it off since I can't deliver it in person? There is a case number listed, something like Roman numeral case no. xxxx/xx, so I assume that's the key identifier I need to use.
3. Will this misdemeanor lead to any criminal prosecution later on, and honestly, how bad is the outlook for me?
My sincere apologies if anyone has already covered this topic elsewhere...
Thanks so much in advance for any insight you can offer!
analogmason13 said:Need some help with a legal question here. Is it actually true that a fine from a misdemeanor court—you know, the money and $267—gets counted toward the fine $833 handed down in a verdict from a municipal criminal court for the exact same offense? Like, does that mean you end up only paying $567 in total... or are they both separate payments that need to be cleared?
Thanks for any input
Scott Chavez5 said:So, here’s the deal—I blew a .08 at a checkpoint, went to court, and just got the final ruling. It turns out I'm officially guilty, and my sentence is $0.67, which includes a three-month license suspension and three points on my record.
Does it actually make sense to file an appeal? And if it does, what’s the best way to go about putting that together?
Also, am I required to physically turn in my driver's license so they can log the suspension on it? A buddy of mine mentioned I don't have to, but I'm not sure.
Thanks in advance!
placidowl24 said:The situation was actually resolved in the best way possible. After a phone call where the father offered a direct apology to the judge—who was quite understanding—she told me to reach out once I'm back from my trip so we could reschedule the hearing. 🙂
Everything should be back to normal now, shouldn't it? 😕
Anyway, thanks everyone.
Jessica Smith40 said:I guess I didn't really lay out the whole situation with the stop clearly enough. The car had those flashing lights tucked behind the windshield. I can only speculate, but honestly, given how things went down, it’s entirely possible that
it was some kind of official government escort vehicle.
If we just set aside their little stunt for a second, do you guys think there's any actual chance I could win in court by arguing I caught the yellow light instead of the red?
Jessica Smith40 said:Since I don't really have much experience dealing with traffic violations, I guess I'm looking for some help from people who actually know how this works. Here's the deal:
On May 31, 2007, I got pulled over by a black Ford with no police markings on it, and three cocky kids in plain clothes hopped out. They didn't even bother identifying themselves as cops before demanding my driver's license and registration, then claiming I'd turned left on a red light at the previous intersection. I was maybe 10 meters from entering the junction when the light flipped from green to yellow. There wasn't a cruiser behind me; I assume they were just sitting at the light to my right. The road conditions right at the entrance to the intersection are honestly pretty terrible—kind of a mess, if you want to use the Japanese term *samajama*—so stopping safely before the line wasn't really an option. It’s a massive intersection,
right where the Potomac meets the Mississippi, so it's totally possible the light turned red just as I was crossing, but I couldn't tell by then.
The thing is, I passed through that exact same intersection about 15 minutes later, and the lights were completely busted, so the police were out there manually directing traffic.
The funniest part happened when they handed my papers back. Since they had pulled me into the deceleration lane before the next light, once they were done, they actually flicked on their sirens, blew through a red light—nearly causing a wreck, actually—and then just shut it off. 😠
I'm wondering if I can argue that the signal might have been malfunctioning right when I went through.
And could I potentially use the fact that the road surface was too sketchy to stop safely as a defense in Court?
A colleague of mine was driving behind me and stopped at the light; would he be any good as a witness in Court?
Also, is it even worth reporting how those officers acted, or is it just going to end up being their word against mine?
From what I understand, the statute of limitations jumps to four years starting January 1, 2008. Does that apply to violations committed after the start of the year, or does it work retroactively?
Thanks in advance...
placidowl24 said:Thanks, but I don't really see that as an option since this isn't for work...
What am I supposed to do, photocopy my bus pass???
What actually happens if I just don't show up?
rowdybadger3 said:Even if you did cross a solid line, no judge is going to rule against you... though maybe Jonathan Bishop76 would.😂
frozenranger13 said:So, my brother basically wrecked his car on the interstate a few months back. He lost control and just totaled it. There were two of us in the car—him and some girl. Long story short, he was hammered. His BAC was sitting at 0.16, which is insane, and he was flying down the highway doing over 110 mph. Since he’s a brand-new driver, he had those strict curfew laws where he wasn't supposed to be behind the wheel after 11 PM, but the crash happened right around midnight. What kind of damage are we looking at legally here? Is he just going to get slapped with a massive fine, or is he actually looking at jail time or losing his license for good?
James Cox6 said:Not "sometimes"... more like always. There’s nothing better than having a witness suddenly change their testimony!
Even when the defendant changes their story while I'm representing them—it's a dream!
In these two posts, we're revisiting an old topic where I argued that a suspect's initial statement—given during arrest to a lawyer on duty (especially in specific cases like narcotics)—can be used by someone looking to throw people in jail.
And that courts generally convict people based on those exact statements.
testdrive claimed that wasn't true—that judges actually investigate all evidence and weigh everything, and that that first police station statement doesn't carry much weight later on, basically saying my claim was impossible.
To which I replied that while it sounds impossible, it happens constantly. I told everyone to look at Supreme Court of the United States precedent where, say, in a Chicago courtroom, people were convicted based on logic like: "I sold it to him, and he sold it to a third party." Did you see him sell it to the third party? The answer was: "No, but the fifth guy told me the fourth guy bought it from the third."
That's the kind of testimony we're dealing with.
James Cox6 said:Aha... so now you're claiming sometimes a victim's word or a witness is sufficient? When I pointed out that in drug abuse cases, police often coerce confessions even with a lawyer present just to clear the docket, you told me I was lying.
Where do you think this sudden "enlightenment" of yours came from?!
Terry Howard said:Sorry if I'm being a total pest here, but I've got one last question on this:
What happens if that's the only piece of physical evidence—aside from just the prosecutor's word—backing up the charge? Like, if the defendant is standing there claiming the whole thing is a lie and the evidence was planted, but a forensic expert can't even run tests on it? Isn't there supposed to be that principle where if the prosecution can't prove their case beyond a reasonable doubt, the verdict has to go in favor of the defendant? Wasn'tn't that the whole deal with those guys who were recently acquitted for smuggling drugs through the Cleveland river?
Thanks again.
William Edwards14;11401132 said: /QUOTE]
Look, ma'am,
I’m totally on board with what you said regarding the actual purpose of this forum... honestly, I think the whole thing is fantastic, both in terms of how it was envisioned and how it actually works in practice...
But, I have to say, there are a few parts of your post that are leaving me a little bit scratching my head:
So, let me lay out my observations one by one:
You mentioned that "we're still operating under the old misdemeanor laws!"
And while that's true, I noticed you wrote:
"but clearly this is an appeal against a decision, and regardless of anything, it went past the statute of limitations since the violation occurred back in June 2005, regardless of the reasons for the appeal!"
Having a bit of experience dealing with misdemeanor court proceedings, I can tell you with absolute certainty that the Appellate Court—and since they handle appeals for the entire country, they are a massive entity—is absolutely buried in paperwork. Since the judges themselves are constantly under immense pressure, the administrative staff following them is usually just as overwhelmed...
Because of that, it happens all the time where the court itself, doing its job correctly, issues a ruling on an appeal within the legal timeframe, but the actual mailing and delivery process lags behind by months...
As a former misdemeanor judge, you surely realize that a ruling from the Appellate Court isn't handed directly to the parties involved; instead, multiple copies are sent to the lower court, which then handles everything: 1- files it in the archives, 2- sends it to the petitioner, and 3- sends it to the defendant.
That obviously doesn't happen overnight.
And so, it's entirely possible—and as far as I know, happens quite frequently—that a defendant receives a decision from the Appellate Court nearly a year after the panel actually reached its verdict...
Since you were a judge, you definitely know that an Appellate Court ruling becomes legally binding the moment it is issued (not when it finally reaches the defendant!), because there's no standard legal remedy left to pursue against it...
Furthermore, as a former judge, you're well aware that an objection against a citation—specifically when challenging the type or amount of the penalty—bypasses the lower court entirely under the current misdemeanor laws (the ones currently in effect, not the new ones you seem to think I'm unfamiliar with) and goes straight to the Appellate Court, which treats it exactly like an appeal...
So, if you take a moment to focus, I'm convinced you'll arrive at the exact same conclusions I've laid out here, because these points are pretty elementary and don't really leave much room for any other "legal opinions"... frankly, a judge who can't grasp the basic foundations of procedural law probably shouldn't be on the bench in the first place...
On another note, I'm a big fan of not tolerating people hiding behind internet anonymity and claiming they are a certain judicial official or the author of a specific post... that kind of communication isn't just out of place for an informal online forum, it also risks misleading readers into thinking someone is presenting authoritative, widely accepted legal stances when they might not be...
Besides, as far as I know, someone who is actually a high-ranking judicial official wouldn't go out of their way to announce that on an internet forum; in fact, it's usually quite the opposite, for good reason...
Respectfully,
"
Sam Ramos85 said:Back on December 6, 2005, the highway patrol actually showed up at my front door. Apparently, some guy reported me because he claimed I scraped his car in the parking lot outside a restaurant.
Now, look, I’ll be honest—I was at that restaurant that day, but I have absolutely zero memory of hitting anyone's vehicle.
The guy is insisting he has a witness who saw the whole thing happen.
It is true that I had a few scratches on my front bumper, but those were old marks from way before that incident that I just hadn't gotten around to fixing yet.
The police took photos of these "scratches" and sent everything over to the municipal court. A few days later, the verdict comes back:
Because they slapped me with a hit-and-run charge, they’re suspending my driver's license for three months.
Plus, I'm looking at 3 points on my record and $667 some fines.
I hired a lawyer to file an appeal against the ruling, and honestly, since then, I haven't heard a single word. No update, no new notice, nothing—not even a summons for a hearing!
I mean, is this thing just stuck in legal limbo? Has it reached the statute of limitations or something??