Need LEO/Court help/advise asap - Kawasaki ZX-10R.net
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post #1 of 12 Old 09-17-2010, 11:25 PM Thread Starter
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Need LEO/Court help/advise asap

Hey guys, well long story short I got 2 tickets one for changing lanes with out signaling and the other for tag placement, I got these tickets 4 YEARS AGO! and they finally caught up in the system or were some how lost. I'm going to court tomm at 10:30 to go fight them myself but I'm wondering if anyone know an easy out like does the 6th amendment cover me for having a speedy trial???


Anyone have good solid advise? I can usually BS my way outta stuf in court but just wondering!
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post #2 of 12 Old 09-18-2010, 12:02 AM
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So this is the initial court date? As in like if you had just gotten the tickets a month ago?

If that is the case ask them to dismiss immediatly, you have a right to due process and a speedy trial, i believe its 45 days. Quote this case law if need be.

The Sixth Amendment provides in part that “In all criminal cases the accused shall enjoy the right … to a speedy trial.” It was one of several provisions included in the Bill of Rights to reject explicitly earlier English practice that had permitted the accused to languish in prison for extended periods of time prior to indictment and the commencement of trial.

The Sixth Amendment speedy trial guarantee has been before the Supreme Court a number of times. The Court has spoken eloquently about its importance as a fundamental right and in Klopfer v. North Carolina (1967) incorporated it into the Fourteenth Amendment's Due Process Clause. Despite the applicability of the speedy trial doctrine to notoriously overcrowded state courts, the Court has rarely found the right to have been violated. For instance, in Barker v. Wingo (1972), it held that despite a five‐year delay between indictment and trial, there was no violation of the right. Observing that circumstances vary in each case, the Court rejected a hard and fast time‐limit rule in favor of a balancing test that considers length of delay, reason for delay, prejudice to the defendant, and the defendant's timely assertion of rights. However, when balancing these factors, the Court almost invariably has ruled in favor of the prosecution.



This should be a slam dunk, if its not ask for a postponement as its been 4 years and you need time to prepare, that should be more than reasonable. If for some crazy reason they wont dismiss or postpone, you will have the easiest appeal in the history of the U.S. lol

(i am not a lawyer, i dont even play one on tv. Just a little research and from having gone to court a few times myself)

*this is not legal advice* take at your own risk lol.

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post #3 of 12 Old 09-18-2010, 12:07 AM
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Also not to mention what are the odds of the officer showing up, if he doesnt ask for dismissal.

Even if he does show up, after this amount of time there is no way he can be any kind of competent witness.

there are a million ways you should have this thrown out.

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Unless Scout says dont do it. Then, really, just do it.
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post #4 of 12 Old 09-18-2010, 12:46 AM
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Barker vs Wingo actually requires you to assert the speedy trial right. If you don't or haven't, then Speedy trial rights are hard to get a favorable decision on. Its not something thats just automatic. This explains it.

http://thegeorgiaspeedingticketkille...eedy_trial.php

Having to go to traffic court on Saturday?

You people and those homeade FE kits crack me up.
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post #5 of 12 Old 09-18-2010, 12:09 PM
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Tickets I've received usually have an appearance date on them at the time of issuance.....hopefully you didn't miss an appearance date and have a bench warrant....good luck!!
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post #6 of 12 Old 09-19-2010, 02:32 PM
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Tickets I've received usually have an appearance date on them at the time of issuance.....hopefully you didn't miss an appearance date and have a bench warrant....good luck!!
Good point, BUT Garth will talk his way out of it i'm sure.......just hope it's a female judge and give her the ol' "puppy dog eyes" look bro!! best of luck though.........

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post #7 of 12 Old 09-19-2010, 02:35 PM
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So.... Garth how did it turn out?

Best 1/4mi ET: 8.98 @ 147 (stock motor, no turbo/nitrous)
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post #8 of 12 Old 09-20-2010, 09:15 AM Thread Starter
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Hey guys, thanks for all the help.... well I have to go back to court in 6 weeks or so. I thought I Was going to get off cause the same thing happened to another lady that was be4 me had a ticket from 3 years ago and she threw it out.

I think she got mad at me cause I started off with trying to get the tickets dismissed and then I started my BS work trying to get outta it, I then brought up "dont I have the right to a speedy trial" and she laughed at me and said no, you'll have to go to court to fight it... so F me in the A I'll have to go to court..... oh well was worth a try.

If I had done more research maybe I could have found some better excuses....
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post #9 of 12 Old 09-20-2010, 09:57 AM
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How much could those tickets possibly be? They are pretty minor! I would just pay the fine and forget about it, wasting all that time and possibly missing work isn't worth fighting a couple petty tickets in my book

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post #10 of 12 Old 09-20-2010, 10:00 AM Thread Starter
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Quote:
Originally Posted by RDLYN13000 View Post
How much could those tickets possibly be? They are pretty minor! I would just pay the fine and forget about it, wasting all that time and possibly missing work isn't worth fighting a couple petty tickets in my book
only about 200 bucks.... its not so much the money part of it more of the principal of this one ass hole cop who can suck a fat one... and I'm not about to let the "system" fuck me again lol....
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