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Discussion Starter · #1 ·
I got my ticket dropped recently.
How?
I requested a discovery from the DA and after it did not arrive after 15 days (since I hand delivered the request), I filed to move for preclusion of the officer's notes. I thought, at least I have a small chance.
The officer actually lost his notes and could not recall anything, so the case got dismissed. . .
Yoohoo...
Something to keep in mind if you want to fight your ticket on your own.
If you feel you a have adecent chance --> go for it. And do not forget to request the discovery... Usually they do not take you very seriously if you do it yourself. Fine -> then they are doing you a big favor...
 

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Re: Case dismissed (nikkotyper)

How do you go about asking for discovery? I'm in the middle of a ticket and am looking for ways to increase my chances of getting out of it...
Please give me the details.
Thanks and good job on the case!
 

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Re: Case dismissed (QuickStick)

Depends on your particular state and local court. I filed a motion of discovery with the court when I fought my ticket, they had a hearing, where the DA argued against each item. I had to indicate why it was relevant and the judge gave me some of it.
Go do some research at a law library and see what you can figure out.
 

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Re: Case dismissed (nuke)

If you really wanna play, claim them back for the time spent to and from the courts, get a professional accountant to check the math for you and calculate how much you lose as an opportunity cost, then file both claims to the police force, and to the judicial administration for wasting your time.
claim all you can... at the expense of the governments, of course.
-Phil
i dun mind answering some simple legal questions, as long as it's short.. get u guys out of trouble
 

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Discussion Starter · #7 ·
Re: Case dismissed (howing)

Exactly,
there was a case where the defendant got 350 bucks back (easily) for having to do the research to have the case dropped !!!
Other than that,
I really was not speeding, and I got a little annoyed that I got the ticket so I WENT TO THE LAW LIBRARY and did some research.
I was just plain lucky.
According to what I have read, this really happens rarely.
So, do not assume that your case will be dropped if you do the same I did.
I was just lucky that officer could not provide the notes. If he did, I would probably
just have a chance to read them and maybe another week to prepare.
There are many ways to argue against the speeding ticket. First of all, is the cop a licenced radar gun operator (if he says he is, he needs to provide the cert), then was he allowed to use the radar gun(speed trap), was the posted speed limit justified with the Engineering Traffic survey, ...
Research... Research...
Law Libraries are full of books and in CA there are free agencies to help you prepare and give you tips.
Good luck to everybody,
NikkoTypeR
 

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Re: Case dismissed (nikkotyper)

quote:[HR][/HR]Exactly,
I really was not speeding, and I got a little annoyed that I got the ticket so I WENT TO THE LAW LIBRARY and did some research.
I was just plain lucky.
According to what I have read, this really happens rarely.
So, do not assume that your case will be dropped if you do the same I did.
[HR][/HR]​
I hear you. I wasn't speeding in the case I fought either. I was so ticked off that I was determined to fight it all the way to the end.
It took me 4 court appearances and many hours figuring out the legal system and time at the law library, writing my motions and so on.
In the end I had to question the cop who wrote the ticket. He decided to lie about it a little and I caught him in it. I thought he would punch my lights out right there in court. Man, he was red-faced and PO'd. But his credibility flew out the window right then and there. I don't get it. What if this cop has to testify in a murder or something? Ain't his integrity worth more than a $75 ticket?
I also did NOT offer testimoney, only refuted the state's case with reasonable doubt. (this works in Texas). Judge trial, no jury. Go sit in court and listen to people try to fight their tickets and you'll 500 ways to tell a sad story and lose your case.
It was not worth the effort, but dang it, I was mad about the whole thing from day one and determined to prove my innocence.
If you are really guilty, I highly recommend opting for traffic school.
 

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Re: Case dismissed (nuke)

if you require the police officer to hand in the notes that he has made and he has them at hand... the best thing for you to do is to request to have the case adjourned to a later date.
always request a copy of the notes that the officer made as a full disclosure right... then probe at what the officer wrote with every word and it's consistency with the law...
some police officers are so much in a hurry, that they forget what they wrote (inconsistent) and they were too vague in describing the offence.
as a rule of thumb: "always fight whenever you can.. never admit guilt."
http://****************.com/smile/emthup.gif
 
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