SuperLitigator
Member
What is the name of your state (only U.S. law)? USA
See the redated transcipt of why (I asked for an acquittal after the state rested)
I was stopped for speeding but got a ticket for violating a speed limit sign ... I saw some postings like this and followed 1 person's advice ... figure I would post my results as I dont see people posting the final outcome too often.
I attacked everything with objections - won some objections & lost some, of course... trial took 3 hours (court adjourned several times to review testimony for the objections I offered & I won every objection when the judge did this so I think the judge was looking for testimony to shoot down my objections but could not -- it was a de novo hearing after losing in regular traffic court whiich should be no surprise).
THE COURT: That’s what the Statute calls for. Okay. The motion for judgment of acquittal is granted for the following reasons, he’s charged –- and I cred --not –- the Court is mindful that the trooper has extensive training. I credit his testimony as to his actions that night and frankly trooper I give you credit for attempting to give the defendant a break in connection with this, so this is not a commentary on your actions, but in that sense – so please don’t take it that way.
But the State has the burden of establishing the elements of the offense charged, a traffic control device violation, that’s what was charged. There’s been -– there was no evidence presented as to where he entered the highway or the location of the traffic control signals were in relation to where he was stopped. How long he had been operating on the highway and the Court is not satisfied also that the elements of the statues regarding the use of speed monitoring devices to support a conviction has been satisfied based on the nature of the evidence that was presented.
Motion for judgment of acquittal is granted.
Okay. Adjourned. Tomorrow morning ten o’clock.
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See the redated transcipt of why (I asked for an acquittal after the state rested)
I was stopped for speeding but got a ticket for violating a speed limit sign ... I saw some postings like this and followed 1 person's advice ... figure I would post my results as I dont see people posting the final outcome too often.
I attacked everything with objections - won some objections & lost some, of course... trial took 3 hours (court adjourned several times to review testimony for the objections I offered & I won every objection when the judge did this so I think the judge was looking for testimony to shoot down my objections but could not -- it was a de novo hearing after losing in regular traffic court whiich should be no surprise).
THE COURT: That’s what the Statute calls for. Okay. The motion for judgment of acquittal is granted for the following reasons, he’s charged –- and I cred --not –- the Court is mindful that the trooper has extensive training. I credit his testimony as to his actions that night and frankly trooper I give you credit for attempting to give the defendant a break in connection with this, so this is not a commentary on your actions, but in that sense – so please don’t take it that way.
But the State has the burden of establishing the elements of the offense charged, a traffic control device violation, that’s what was charged. There’s been -– there was no evidence presented as to where he entered the highway or the location of the traffic control signals were in relation to where he was stopped. How long he had been operating on the highway and the Court is not satisfied also that the elements of the statues regarding the use of speed monitoring devices to support a conviction has been satisfied based on the nature of the evidence that was presented.
Motion for judgment of acquittal is granted.
Okay. Adjourned. Tomorrow morning ten o’clock.
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Last edited:
okay