Thread: Are there any attorneys here that can help me with a case?

Originally Posted by Zip-Lock

My message to the court: Hi all welcome to mp3car. Thanks for not sending us a subpoena, we have enough paperwork to deal with!

I fought the law, and the law won?

Originally Posted by 96TransAm

The trial is over on my speeding ticket. Thought you should know how I came out with my GPS presentation at the trial. At the final hearing, the prosecutor asked me some questions and then gave me a warning about perjury. After that warning he asked some of the same questions. He had discovered all the posts I made on the Internet, which proved that I did not have a GPS in my vehicle the night I received the ticket. The Judge found my presentation not to be credible evidence and found me guilty on the speeding ticket. I was fined $364.46, which includes the pay for the officers appearing in Court. The prosecutor also showed that I had an incorrect address on my driver’s license. He filed a Motion to have me held in contempt of Court on the grounds that I had committed perjury. The Court gave him 30 days to file a brief on the matter. A City Marshal came to my house shortly after the trial, wanting to examine my computer. At the suggestion of the Prosecutor and after talking with my family, I decided to apologize and tell the truth to the Court. I could have been sentenced to a hundred dollar fine and 3 nights in jail on each of several charges for contempt of Court plus a possible perjury charge. To make, present or use any record, document or thing in Court such as my GPS presentation, with knowledge of its falsity is a felony punishable by two to ten years in prison. I think the prosecutor worked at trying to keep me out of jail. He also agreed not to pursue the perjury charge. I was sanctioned $100.00 for failing to file a brief on time. I was held in contempt of Court for what I did on the Internet and fined $100. but no jail time. I was held in contempt of Court for fabricating the GPS presentation and not telling the truth in Court. I was fined $100, and given 3 days in jail. However, the prosecutor agreed to suspend the jail time for 180 days on the condition that I post a $250. bond. I cannot get another conviction or deferred disposition within 180 days. If I get another conviction within 180 days, I will serve three days in jail on this contempt. I have to put a correct address on my Driver’s license and provide proof of that. The Court ordered me into counseling once a week for 30 days and thereafter as suggested by the Counselor for the remainder of the 180 days. Obviously I exercised extremely poor judgment in my effort to try and outsmart the system. I apologized to the Court and I apologize to anyone on the net who might have been misled into making an equally poor choice or means of fighting a speeding ticket based on some of the comments I have made. Some of us may be highly skilled when it comes to computers and cars, but we can become rather ignorant when we step out of the perceived scope of our expertise. It’s even worse to be totally ignorant of the law. The Court and prosecutor gave me a big break on this one. I have truly learned something from what I considered “just a speeding ticket.”

good lord.... This backs up my idea that once you get a ticket, PAY IT - whether you are guilty or NOT!!!!! to me, it is not worth the fight!!! taking days off from work, going through a crapload of paperwork, etc. All this could have been saved on your part if you just payed the ticket - GUILTY OR NOT.

I don't like being hassled. I was once given a ticket for "fare evasion" at a train station here in NYC when I didn't do anything wrong. Instead of having to take a day off to fight this in court, or being shot 50 times by the over zealous cops here - I simply paid it and went to work.

It's a ticket - not jail time. Just because you plead guilty to a ticket doesn't mean YOU YOURSELF are guilty. It's basically telling the state "yeah, whatever, I did it. here's what you want now have a gr8 day."
- sh00k

Originally Posted by breaker021

good lord.... This backs up my idea that once you get a ticket, PAY IT - whether you are guilty or NOT!!!!! to me, it is not worth the fight!!! taking days off from work, going through a crapload of paperwork, etc. All this could have been saved on your part if you just payed the ticket - GUILTY OR NOT.

I don't like being hassled. I was once given a ticket for "fare evasion" at a train station here in NYC when I didn't do anything wrong. Instead of having to take a day off to fight this in court, or being shot 50 times by the over zealous cops here - I simply paid it and went to work.

It's a ticket - not jail time. Just because you plead guilty to a ticket doesn't mean YOU YOURSELF are guilty. It's basically telling the state "yeah, whatever, I did it. here's what you want now have a gr8 day."
- sh00k

Your right, just pay the ticket, cause everyonoe knows, the cops are never wrong.

Interestingly, I have fought every ticket I have gotten (save the first one I got here in California) and never been shot 50 times. And, I never missed an entire day of work, but I guess I am at a level of employment where I can come in late to work. I guess you don't.

Funny, you think that "the lost day of work" and pay is not worth the fight, yet the 600 bucks (at least in california), the increase in insurance premiums, is somehow NOT worth your single day of work lost. Besides, in cali, you HAVE to appear in court, you can't just pay the fine and be done with it. YOU MUST APPEAR IN COURT TO PLEAD GUILTY, and then pay.

Hey, you want to roll over, present your ***, and hide the lube to the cops and the courts, that is your prerogative. Letting the cops just hand out tickets willy nilly, and doing nothing to stop them, is a bad bad idea.

Michael

If you're in the wrong, pay it.

If you're in the right fight it.

Originally Posted by Enforcer

If you're in the wrong, pay it.

If you're in the right fight it.

But, before you believe that you are "in the wrong" check the law and make sure you are actually in the wrong. The problem is, most poeple don't do that, or don't understand what they read.

Most people think that once you go faster than the speed limit, you have violated the law. Actually, in California, that is not true. The California Basic Speed Law, states

Basic Speed Law
22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

NO WHERE there does it say anything about the speed limit. So, you could be driving on the street at 42 in a 35 zone, but it is reasonably prudent, and not endanger the safety of persons and property.

Also, the government must meet very specific guidlines about the posted speed limit. They MUST have something called a Traffic and Engineering Survey that justifies the speed limit. If there is no survey done with in a certain amount of time BEFORE the ticket, for that specific road, then the cops are PROHIBITED from issuing a ticket for speeding NO MATTER HOW FAST YOU ARE GOING. The problem is that the engineering and traffic survey is a required tool to determine what is safe because it described the surface, width etc.. But few, if anyone, who gets a ticket, even attempts to determine if that report exists. Once again, one might think they have violated the law, but in truth, if there is no report, the COPS have violated the law, since they are PROHIBITED form issuing the ticket.

Michael

so the cops that sit on the side of one of the side roads around here REALLY aren't justified in the tickets they are writing.

This side road only has a 35mph sign posted on one side of the road, facing the traffic on that side of the road. There isn't a sign posted on the other side of the road. The only sign giving any indication is on an intersecting road, and it's speed is 45.

Yet they continue to sit there....putting a radar on the traffic coming from the direction where there's no sign...

I've just been hoping they would pull me over one day...

Originally Posted by Wiredwrx

Your right, just pay the ticket, cause everyonoe knows, the cops are never wrong.

Interestingly, I have fought every ticket I have gotten (save the first one I got here in California) and never been shot 50 times. And, I never missed an entire day of work, but I guess I am at a level of employment where I can come in late to work. I guess you don't.

Funny, you think that "the lost day of work" and pay is not worth the fight, yet the 600 bucks (at least in california), the increase in insurance premiums, is somehow NOT worth your single day of work lost. Besides, in cali, you HAVE to appear in court, you can't just pay the fine and be done with it. YOU MUST APPEAR IN COURT TO PLEAD GUILTY, and then pay.

Hey, you want to roll over, present your ***, and hide the lube to the cops and the courts, that is your prerogative. Letting the cops just hand out tickets willy nilly, and doing nothing to stop them, is a bad bad idea.

Michael

Cops here in NYC as such assholes - I wasn't evading fare and I told them what happened and the cop says "that's a great story - fight the ticket and tell that to the judge."

I can go into work late but the lines at the "pay centers" or whatever you want to call them are out the ******* door. I have seen DMV lines wrap around the building here in NYC so it's not like you can just walk in and out. Fighting a ticket can easily take your entire day - most of it just waiting it out.

And it's not that the cops are never wrong, a lot of the times they are wrong - but I just feel that the headache involved with fighting a ticket (i've gotten 2 tickets in like 10 years) isn't worth the time to me. Here in NYC - you can plead guilty and just send a check via mail. viola, you're done. I obviously wouldn't plead guilty if the ticket was like $500 or something higher.
- sh00k