Get code section into evidence

[b26440510]

Representing myself in a jury trial in Georgia State Court against a red light violation (criminal misdemeanor).

In the section of code that I'm accused of violating there's an exemption listed which applies in my case. I only want to bring up the exemption after the prosecution rests so they cannot offer witness rebuttal. I want to be able to specifically point out that sentence to the jury in closing argument (blow up and show that section of code on the presentation board).

I was thinking that I could just show the section of code to the jury in closing argument but I'm worried the prosecution/judge may not allow it as it may be considered new evidence.

Is there a way to get the entire code section entered as evidence without anyone having to testify specifically about it?

If I get the officer to just refer to the code section in question, like "Which code section am I accused of violating?" would that allow me to refer to/display the code section in closing?

I could print out the whole code, introduce it as evidence and have the officer read a few sentences of the section during cross.

Or, since the code section is the primary core of the case do I need to worry about getting the code section into evidence? That is, do I have the right to present a copy of the section in closing, even if it was never brought up during the trial, since it is key.

What's the best way of introducing the actual section of code into the trial as evidence so I can refer to that particular section in closing (I dont want to tip off the prosecution to that exemption before closing)?

I'm also concerned that the prosecution may object because I'd have a 8x11 copy (printed from the State's website) and there's a better source available (the actual book) which, being a non-lawyer, I dont have my own copy of.What is the name of your state?

 

[seniorjudge]

Q: Is there a way to get the entire code section entered as evidence without anyone having to testify specifically about it?

A: No; it's not evidence. The court takes judicial notice of such things. Google georgia judicial notice and educate yourself. After the close of the prosecution case, say, "Your honor, I would like the court to take judicial notice of [cite whatever it is]."

 

[racer72]

Go watch some court cases before you go, you will look like an ignorant ass trying some of the things you mention.

I only want to bring up the exemption after the prosecution rests so they cannot offer witness rebuttal.

Your opponent has the right to challenge any evidence, even after resting. The defense generally rests first anyway so it won't matter.

I want to be able to specifically point out that sentence to the jury in closing argument (blow up and show that section of code on the presentation board).

You can't present anything new in closing arguments. You watched too much bad court TV shows. The prosecution also has the right to challenge the inclusion of any evidence, if the judge agrees, you can't use it.

Also, if you present the judicial notice, the prosecution is allowed to present a rebuttal, even after resting. You sound like you want to try to sneek a fast one by the judge, prosecution and jury. It won't happen. The prosecution and judge are experience trial attorneys, they will eat you up and spit you out.

PS: 8½x11 is perfectly acceptable in virtually all courts now days. It is even preferred over the old 8½x14 in many cases.

 

[seniorjudge]

...What's the best way of introducing the actual section of code into the trial as evidence so I can refer to that particular section in closing (I dont want to tip off the prosecution to that exemption before closing)?....

Counting on the prosecutor being stupid is not a real good defense tactic.

 

[b26440510]

So how does judicial notice allow me to bring the particular section of code to the jury's attention in closing? Does it act as if the code section was introduced as evidence so I can then talk about any subsection or paragraph in the entire section? Should I make a pre-trial motion or just do it during the trial?

I have attended a number of criminal cases in the court I'm appearing in. I haven't been impressed at all by any of the solicitor office's representatives so far. I wouldnt be surprised if some of them are just as unaware of all of their options during trial as I am.

As for slipping stuff by, that's a viable tactic, as long as one has considered the possible outcomes. If I get it in closing and the prosecutor calls the officer for rebuttal, if he's still in the building to testify, then it would be his word against mine anyway just as all of the previous testimony was. My whole case does not revolve around the exemption -- its just a bonus if I can bring it in undisputed.

Right now the strategy is to testify about midway to the fact that the officer signaled me to complete my left turn. If the prosecutor hasnt read the code section in a while they might not catch the exception until I bring it up in closing. If they catch it and call rebuttal and the officer says he didnt or doesnt remember then I dont think I've really lost anything.

Actually, I'd be surprised if it really goes all the way to jury trial. Every officer I've spoken with (city, county, state patrol) said they'd never write a ticket like that. One, the officer was traveling southbound and I was northbound -- he could not see my traffic signal at all. Second, he actually wrote on the ticket that my vehicle entered the intersection, then the light turned red, and then I completed my turn. The lawyers that I had hallway consultations with at traffic court were dumbfounded.

I think the whole thing stemmed from the fact that the officer was turning right on red while I was in the intersection turning left. We did the old "you go, I'll go" dance a couple times and then I finally turned. Then he had to wait even longer for cross traffic to clear (since they had the green). I thought to myself he's probably going to light 'em up so I turned into a parking lot so I wouldnt have to worry about him being behind. He came right behind me and lit 'em up.

 

[Totalwreck123]

That's never a good sign when they "light 'em up," is it. This is just a traffic summons. I don't understand what all the hoop-la is about. If you want to get an attorney that's the best thing! A lot of attorneys are great friends with the judges so why don't you just hire an attorney if the stakes are so high with this?

Anyone who goes into a CRIMINAL trial without an attorney is sure to be made a fool of. This is nowhere near criminal level. it's just a red light for god's sakes.

Whoa. After re-reading your topic starter (criminal misdemeanor) for a Red Light violation they must be getting TOUGH down in Georgia. You're on your OWN now.

 

[CdwJava]

What is the code section you are accused of violating? And, what is the section you believe vindicates you?

- Carl

 

[tranquility]

It is unusual for there to be a jury trial for a red light violation. However, if there is, the law is something for the court to determine--not something to be entered into evidence.

My understanding is that it is a fact finding body were evidence is introduced. Then everyone rests their case. Then, you get together (sometimes before the end of evidence) with the judge and opposing attorney and determine the jury instructions (the law) to be given the jury. That is where you will bring up the killer law and see if the judge agrees.

 

[stephenk]

Evidence that was not presented in the trial itself cannot be first introduced in your closing argument.

When the prosecution rests you get a chance to present your defense. That is when you bring up your evidence of the statute and how you meet the exemption.

The prosecution will have the opportunity to cross-examine you on your evidence and your testimony on why you believe you meet the exemption requirements.

 

[b26440510]

What is the code section you are accused of violating? And, what is the section you believe vindicates you?

Not really looking at it as vindication but as a fail safe. 1) Already in intersection when light turned red. 2) Officer could not see my light 3) DOT intersection construction diagrams and photos show traffic signal is not visible to cars in middle of intersection.

The officer was turning right on red while I was trying to complete my left out of intersection. He motioned for me to complete my turn just as so many of us do when in that situation.

40-6-20
www.legis.state.ga.us/cgi-bin/gl_codes_detail62b0.html?code=40-6-20

Paragraph (a):
(a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by subsection (f) of this Code section.

 

[b26440510]

Whoa. After re-reading your topic starter (criminal misdemeanor) for a Red Light violation they must be getting TOUGH down in Georgia. You're on your OWN now.

All moving violations in Georgia are at least criminal misdemeanors.

I petitioned the court for trial by jury. I've always lived in this county and I've been down this path before in my 30+ years of driving. This would be my third traffic violation jury trial -- the other two never reached voir dire.

Since the citing city is in the county it's no hardship for me not to just pay the ticket. Since what he cited me for goes against every driving rule I've been taught, and I really dont think I broke any laws, I'm not going to plead guilty just for my convenience.

I watched a few of the city's traffic court sessions to see how the judge ruled in cases where the defendant plead not guilty. Over four weeks and 60 defendants I didn't see one where the judge ruled not guilty. Of course the caliber of defenses presented werent the best. Probably only about 7 got reduced fines. None were dismissed for lack of prosecution.

 

[CdwJava]

If he motioned you to go, it may have been to get you out of the intersection for safety - not permission to violate the law. My guess is that you had already violated the statute by entering the intersection without being able to complete the turn prior to the light turning red. In other words, you obstructed the intersection.

Had the violation been for turning in an intersection on a red light, I can see your argument. However, I will venture to guess that there is an obstruction section in the GA code or a section that indicates you may not enter the intersection unless you can complete your movement prior to it turning red. Since the on-line GA code has no index and is nearly impossible to navigate, I can only hypothesize, however.

It may also be that the officer believed you entered the intersection on a red light and not BEFORE it turned red. The fact he did not see your light might not be an issue if he knows the cycling and synchronization of the lights. If there is no dedicated left turn signal, chances are that his light turns red the same time yours does.

It is a brave man indeed that attempts a jury trial on his own. Additionally, aren't you on the hook for the cost of the trial if you lose??

- Carl

 

[b26440510]

Evidence that was not presented in the trial itself cannot be first introduced in your closing argument.

When the prosecution rests you get a chance to present your defense. That is when you bring up your evidence of the statute and how you meet the exemption.

The prosecution will have the opportunity to cross-examine you on your evidence and your testimony on why you believe you meet the exemption requirements.

The question is how do I get the entire code section introduced during the trial so that I can then point the particular exemption out to the jury during closing without sending out a red flag to the prosecutor during trial "here's the exemption I'm planning to mention in closing"

I'd prefer to not highlight the fact that the officer signaled me to complete the turn until closing. I'd just mention it briefly during my testimony. The hope is that the prosecutor wont pick up on it, realize it's an exemption to the code section, and recall the officer as a rebuttal witness. Then in closing I could reference the exemption in the code section and to the undisputed testimony.

Again, my case doesnt live or die around the exemption but it would be nice to have it.

 

[b26440510]

If he motioned you to go, it may have been to get you out of the intersection for safety - not permission to violate the law. My guess is that you had already violated the statute by entering the intersection without being able to complete the turn prior to the light turning red. In other words, you obstructed the intersection.

Had the violation been for turning in an intersection on a red light, I can see your argument. However, I will venture to guess that there is an obstruction section in the GA code or a section that indicates you may not enter the intersection unless you can complete your movement prior to it turning red. Since the on-line GA code has no index and is nearly impossible to navigate, I can only hypothesize, however.

It may also be that the officer believed you entered the intersection on a red light and not BEFORE it turned red. The fact he did not see your light might not be an issue if he knows the cycling and synchronization of the lights. If there is no dedicated left turn signal, chances are that his light turns red the same time yours does.

It is a brave man indeed that attempts a jury trial on his own. Additionally, aren't you on the hook for the cost of the trial if you lose??

- Carl

Northbound and southbound traffic both have their own dedicated left turn lanes and signals. Northbound traffic can have a red signal while southbound traffic has green and vice-versa. I have the DOT intersection construction diagram and timing charts and video for evidence.

The ticket says: Vehicle entered intersection, light turned red, vehicle turned left.

That's one reason so many officers I spoke with said they'd fight it if they got it. They couldn't believe the officer actually wrote "vehicle entered intersection, light turned red" on the ticket, plus the fact that the officer was going the opposite way and couldnt see my light.

I'm not charged with violating any other section than 4-20-60 -- failure to obey a traffic control signal. The code section about what a driver can do at a red light basically says that the driver cannot enter the intersection on red (I entered on green).

As for "completing a turn" there is no code section in Georgia about that. I have checked all the law books (annotated and non), asked police officers, attorneys, called the public safety office, etc.. No one can come up with any code section.

The only statute about obstructing an intersection is that there has to be enough room on the other side of the intersection before you enter the intersection.

The entire court cost is 10% of the fine. This violation has a maximum amount imposed by law of $75 and zero points.

 

[Zigner]

I find it amazing that you have so little faith in your defense that you are going to try "sucker punch" the prosecution.
If you are so sure that you are correct, then what's the difference if the prosecution knows ahead of time or not?