I'm looking for confirmation of a few things, resources, and experience.
Where can these questions be answered if not here?
What is the name of your state (only U.S. law)?
Resident: Medford, Oregon
Ticketed: Los Angeles, CA
Company: Phoenix, AZ
Terminal: Portland Metro Area, OR
Court: Superior Court
I drive a tractor-trailer combination so this is a Commercial Motor Vehicle ticket.
The officer wrote two violations:
1) 60 in a 55. I don't remember exactly, but I don't travel at 60. 59.0 is the highest I ever go as indicated by my RoadRelay computer. Either way, simply denying the speeding charge won't work. The Officer had a partner(or mentor) and they don't have to prove anything right?
He did not indicate on the ticket how he figured it out.
2) Riding in lane 2 (second from left) of 4.
Both of these are moving violations. One more in a year and I'm fired and prohibited from driving a CMV.
-------------------------------
Did a little research so far and it appears I need to start by attempting to get the case dismissed. Please confirm the steps to this process:
1) Send a written request for "informal discovery" to the court address via certified mail with the case number & Ticket number immediately.
-Is there a form for this? If not what do I need to include?
2) Wait 10 days for the courtesy letter with case details and list of options
3) Send a written plea of not guilty via certified mail with a check for the bail amount. Include case number & ticket number. Specifically request arraignment two-four weeks later. In my job this is due to lack of transportation to the court hearing. I can't simply drive a company truck where I will.
-Is there a form for this? If not, what do I need to include?
4) Six or more days before the arraignment send a certified testimony in writing with a request to make a written appearance. Specifics of this I'm still researching. It seems this is just an attempt to bother the officer and I should not give any real information. Just say, "I was traveling a safe speed and in the safest lane given the circumstances."
I could be wrong about this. The Judge for the written appearance could rule not guilty based on real information and the "trial de nuvo(6)" could have a different judge with a different ruling.
5) If the officer also sends written testimony and the case is ruled against me request a Trial de Nuvo. Request via Writing immediately with a delay for three weeks again for arranging adequate transportation. I live hundreds of miles away.
6) Appear and fight the case.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
________________________
Can anyone refer a lawyer? Can I make the state pay for representation?
How do I go about obtaining case records like my own tried successfully for the defendant? I know to go to the court house and request them but how do I sort through for what I need?
Is there a precedent for counter-suit? Separate law suit? Plea bargaining would be nice.
My goals should be (if I'm right) to make CA pay out money in any way possible to discourage continuance of the case. Not necessarily to me, just out of their pocket. Does trying to get the case dismissed hamper this method? The officer gets paid to come in so that's money out of their pocket but incentive for him to come.
If I want to argue a case based on inappropriate law or enforcement can I admit guilt to this end? At what point should I do this?
Should I subpoena computer records from my company that may prove speed? The typical 5 mile/hour leeway officers gave isn't anything official is it?
Could I argue a case based on extortion or common speed of motorists, unsafe regulations, constitutional rights or anything like that?
I never consented to have my ethnicity recorded on the ticket which it was. Discrimination?
Can the lane riding charge be dismissed based on the on and off ramps being located on lanes 1 and 2? Unfortunately those ramps are 12 miles apart but given LA traffic... Can this work?What is the name of your state (only U.S. law)?
------------------------------
If anything is unclear please say so, my head is buzzing.
Where can these questions be answered if not here?
What is the name of your state (only U.S. law)?
Resident: Medford, Oregon
Ticketed: Los Angeles, CA
Company: Phoenix, AZ
Terminal: Portland Metro Area, OR
Court: Superior Court
I drive a tractor-trailer combination so this is a Commercial Motor Vehicle ticket.
The officer wrote two violations:
1) 60 in a 55. I don't remember exactly, but I don't travel at 60. 59.0 is the highest I ever go as indicated by my RoadRelay computer. Either way, simply denying the speeding charge won't work. The Officer had a partner(or mentor) and they don't have to prove anything right?
He did not indicate on the ticket how he figured it out.
2) Riding in lane 2 (second from left) of 4.
Both of these are moving violations. One more in a year and I'm fired and prohibited from driving a CMV.
-------------------------------
Did a little research so far and it appears I need to start by attempting to get the case dismissed. Please confirm the steps to this process:
1) Send a written request for "informal discovery" to the court address via certified mail with the case number & Ticket number immediately.
-Is there a form for this? If not what do I need to include?
2) Wait 10 days for the courtesy letter with case details and list of options
3) Send a written plea of not guilty via certified mail with a check for the bail amount. Include case number & ticket number. Specifically request arraignment two-four weeks later. In my job this is due to lack of transportation to the court hearing. I can't simply drive a company truck where I will.
-Is there a form for this? If not, what do I need to include?
4) Six or more days before the arraignment send a certified testimony in writing with a request to make a written appearance. Specifics of this I'm still researching. It seems this is just an attempt to bother the officer and I should not give any real information. Just say, "I was traveling a safe speed and in the safest lane given the circumstances."
I could be wrong about this. The Judge for the written appearance could rule not guilty based on real information and the "trial de nuvo(6)" could have a different judge with a different ruling.
5) If the officer also sends written testimony and the case is ruled against me request a Trial de Nuvo. Request via Writing immediately with a delay for three weeks again for arranging adequate transportation. I live hundreds of miles away.
6) Appear and fight the case.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
________________________
Can anyone refer a lawyer? Can I make the state pay for representation?
How do I go about obtaining case records like my own tried successfully for the defendant? I know to go to the court house and request them but how do I sort through for what I need?
Is there a precedent for counter-suit? Separate law suit? Plea bargaining would be nice.
My goals should be (if I'm right) to make CA pay out money in any way possible to discourage continuance of the case. Not necessarily to me, just out of their pocket. Does trying to get the case dismissed hamper this method? The officer gets paid to come in so that's money out of their pocket but incentive for him to come.
If I want to argue a case based on inappropriate law or enforcement can I admit guilt to this end? At what point should I do this?
Should I subpoena computer records from my company that may prove speed? The typical 5 mile/hour leeway officers gave isn't anything official is it?
Could I argue a case based on extortion or common speed of motorists, unsafe regulations, constitutional rights or anything like that?
I never consented to have my ethnicity recorded on the ticket which it was. Discrimination?
Can the lane riding charge be dismissed based on the on and off ramps being located on lanes 1 and 2? Unfortunately those ramps are 12 miles apart but given LA traffic... Can this work?What is the name of your state (only U.S. law)?
------------------------------
If anything is unclear please say so, my head is buzzing.
