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Traffic court 1-12-05...help quick!!

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Cess

Junior Member
What is the name of your state? California

I have a date for traffic court 1-12-05. I was stopped for running a stop sign. My husband was with me and agrees I did stop. We have a diagram and pictures which show how difficult it would be for the officer to see us. My question is, I know my husband can be a witness. How do I involve him in my defense and also may he cross-examine the officer???

Megan :)
 


S

seniorjudge

Guest
If you want to represent yourself, then you must know court procedures.

You may call him as a witness.

You may examine the officer.

Your husband may not cross-examine the officer unless your husband is a lawyer representing you.
 

Cess

Junior Member
So, if my husband was a lawyer, he could either represent me OR be my witness??
Do courts have any mercy on a woman who is 4 months pregnant?? ;)
 
S

seniorjudge

Guest
Cess said:
So, if my husband was a lawyer, he could either represent me OR be my witness?? Do courts have any mercy on a woman who is 4 months pregnant?? ;)

If your husband were a lawyer, he could either represent you or be your witness but not both.

Why would a court have mercy on a woman just because she is pregnant?

(When you answer that, keep in mind that I am the guy who rejected a "nursing Christian mother" defense.)
 

Cess

Junior Member
Ahhh....I really did not think a court would have mercy on a woman who is 4 month pregnant.....I just don't see how a woman who is 4 months pregnant could do community service. (that is if the judge would not take my side and I was given community service instead of having to pay)
 
S

seniorjudge

Guest
Wait till you have the kid and use the nursing Christian mother defense.

Maybe your judge won't be as hard-hearted as I am.
 
M

meganproser

Guest
>>I just don't see how a woman who is 4 months pregnant could do community service.

Cess/Megan you are merely pregnant, not disabled. Unless you have some type of complication you should be a fully functioning human, capable of doing community service, right up until your labor begins.

Good luck with your defense and the remainder of your pregnancy!
 
S

seniorjudge

Guest
Cess said:
...We have a diagram and pictures which show how difficult it would be for the officer to see us....
The officer was NOT where your diagram shows and he will testify to that in court under oath; he will further testify that he could see you plainly.

Post back and tell me if I am right or wrong.
 

Cess

Junior Member
It is not only the fact that I am pregnant, but my daughter is also in physical, occuaptional and speech therapy 5 days a week.....I won't go into detail on a website about it. The officer will probably say he was not where I say he was, which would be a lie, but who am I to really judge? When I returned after the ticket was issued to get a full impression of the situation, he was back there. I can assume he was there before since there were many cars on the street and the only available spot was where he was located! It will be interesting to see. Thank you for the information, will update after the court date.
 
S

seniorjudge

Guest
Cess said:
...It is not only the fact that I am pregnant, but my daughter is also in physical, occuaptional and speech therapy 5 days a week....
Everyone has very good excuses for not doing community service.
 
S

seniorjudge

Guest
tijerin said:
I do community service WITHOUT a judge telling me i have to. :) Isn't that how it SHOULD be?
Well...I think so, but I am just a hillbilly so what do I know?
 

Cess

Junior Member
seniorjudge said:
Everyone has very good excuses for not doing community service.
Okay, I am not asking for sympathy, but try having a child with down syndrome who is 2 does not self feed, drink from a cup, or talk. Having had heart surgery at 6 months of age and was tube fed for 7 months. Believe me, it is not just an excuse.....I am very proud of my daughter, but am not going to have her be set further back because they do not believe my case. I did stop and will prove it!
And I do believe we all should do community service without being asked, and I do!
 
M

meganproser

Guest
Was the officer "working" the stop sign? Was he stopped there, watching the cars go through? Or was he merely driving down the road and felt you pulled out in front of him which leads him to ASSUME you didn't stop at the sign?

The latter scenario happened to a friend of mine. The cop was freaked out cause he almost hit her and he assumed she didn't stop. The fact is, one can come to a full stop at the sign in question and still not see an approaching car if the timing is just right. My friend took photos to court and was found innocent.

I cannot fathom a judge ordering you to do community service when it is obvious you are already doing community service 24/7.

Not all parents are willing to accept the gift of such a "special" child. I tip my mouse to you and your family.
 

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