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Trial expectations

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O

olboy

Guest
A (Newton county Missouri) deputy came to my house, explaining that he was required to issue me a citation for careless & imprudent driving. Said a citizen had filed a complaint against me, that I had "slammed on my brakes, nearly causing an accident". Reality is quite different than that scenario. That individual was alone in her vehicle, my wife was with me in ours. She will, of course add her testimony to mine at trial. Questions: Why is the court hinting that I might need an attorney? How could I be judged guilty without proof and with two witnesses to one, in my favor? Having not been in a traffic court for nearly 40 years leaves me a little bewildered and intimidated. Thanks, olboy.

[Edited by olboy on 07-03-2001 at 05:02 PM]
 


O

olboy

Guest
Doomed!

Now it's the eve of my trial date. At 1:15 Monday afternoon my wife and I stand in a courtroom, trying to defend me from the spiteful, malicious accusation of another ordinary citizen. Will she lie and be believed? I expect so. Will we tell what REALLY happened but not forcefully or dramatically enough to carry any weight? Being so naive and inexperienced concerning traffic tickets and "justice" preceedures, I expect that too. It's not the end of the world, but it sure it one more example of misuse of the legal system.
 
O

olboy

Guest
The outcome.

Thanks to everyone, professional and lay, for the wealth of advice I received. As a result of remaining ignorant, not only of some of the traffic laws of this state but also of some of my rights as a defendant, I found myself being manipulated by the court then (figuratively) ripped open like a sack of Fritos at a picnic! But I learned a lot. I learned that a prosecution witness is allowed to lie as often and as outrageously as they want to. I learned that a deputy sheriff is allowed to question you without informing you that anything you say, including any unwitting admissions to acts you believed were justfiable and within the law, would definately be used against you. I learned that just before your court appearance, the prosecutor can interview you, sympatheticly, suggesting that he/she would probably charge your accuser with a traffic offense also. And use that ploy to pressure the accuser to drop charges against you. When that fails you are vigorously prosecuted under an unimagined law which ostensibly states that even when being tailgated by a vehicle twice the size of your own, you may not TOUCH your brake pedal. What did I learn? Never make a statement without a lawyer present, don't even aknowledge the incident. Never enter a courtroom without legal representation. Counter charge whenever possible. Trust no one.
 

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