What is the name of your state (only U.S. law)? Arizona
My brother got a ticket for a red light violation in Arizona. They handle these things somewhat strangely out there in that there is no prosecutor-- just you, the officer, and the judge. He called the court and asked if he could speak with the prosecutor before his court date (not knowing there isn't one). They told him that the court date he had was just an arraignment and he would only be entering a plea of guilty or not. Turns out it was his trial, and he didn't have the evidence he had planned to bring. He talked to the clerk's supervisor and they said they keep a record of every communication to parties, however they had no record of this phone call. My brother's phone records show he called on Friday, left a message, and then received a return call on Monday, but it wasn't documented.
I'm sure he got some official mailing from the court telling him his trial date, but what weight does this screw up by the Clerk's office have when determining if you were prejudiced in your case and unable to properly prepare?
His evidence was going to be photos of the intersection showing that the area was under construction and that an area of loose gravel near the intersection would have prevented him from safely stopping at the point where the light turned yellow. The officer testified that there was no loose gravel and thus my brother was unable to present evidence which would have contradicted the officer's statement and potentially gotten a not guilty verdict.
He normally wouldn't fight something like this but he needs a good driving record to get into a particular mechanic school.
Any helpful thoughts are appreciated.
My brother got a ticket for a red light violation in Arizona. They handle these things somewhat strangely out there in that there is no prosecutor-- just you, the officer, and the judge. He called the court and asked if he could speak with the prosecutor before his court date (not knowing there isn't one). They told him that the court date he had was just an arraignment and he would only be entering a plea of guilty or not. Turns out it was his trial, and he didn't have the evidence he had planned to bring. He talked to the clerk's supervisor and they said they keep a record of every communication to parties, however they had no record of this phone call. My brother's phone records show he called on Friday, left a message, and then received a return call on Monday, but it wasn't documented.
I'm sure he got some official mailing from the court telling him his trial date, but what weight does this screw up by the Clerk's office have when determining if you were prejudiced in your case and unable to properly prepare?
His evidence was going to be photos of the intersection showing that the area was under construction and that an area of loose gravel near the intersection would have prevented him from safely stopping at the point where the light turned yellow. The officer testified that there was no loose gravel and thus my brother was unable to present evidence which would have contradicted the officer's statement and potentially gotten a not guilty verdict.
He normally wouldn't fight something like this but he needs a good driving record to get into a particular mechanic school.
Any helpful thoughts are appreciated.