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federal ticket appeal

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sukharev

Member
What is the name of your state? MD
I have a ticket from the feds in MD, on BW Parkway ramp to rt 50. Got clocked at 67 in 45. Went to court, lost. I did have lots of issues with discovery, officer's testimony and lidar testing. As it turns out, rules are totally different in federal court, for example laser judicial notice issue was ignored by the judge. I am appealing the case. Can anyone give an advice on the procedure (especially timing the steps) and what to look out for?
 


HomeGuru

Senior Member
sukharev said:
What is the name of your state? MD
I have a ticket from the feds in MD, on BW Parkway ramp to rt 50. Got clocked at 67 in 45. Went to court, lost. I did have lots of issues with discovery, officer's testimony and lidar testing. As it turns out, rules are totally different in federal court, for example laser judicial notice issue was ignored by the judge. I am appealing the case. Can anyone give an advice on the procedure (especially timing the steps) and what to look out for?

**A: drop it. There is no such thing as lidar testing and laser judicial notice.
Learn a lesson here and drive the speed limit.
 

sukharev

Member
huh?

HomeGuru said:
**A: drop it. There is no such thing as lidar testing and laser judicial notice.
Learn a lesson here and drive the speed limit.
HomeGuru, is this all you got? FYI, there is ample case law about both. If you can, please keep your ignorance to yourself. And, for the record, I was driving 45 and do not need a lesson in driving.
 

HomeGuru

Senior Member
sukharev said:
HomeGuru, is this all you got? FYI, there is ample case law about both. If you can, please keep your ignorance to yourself. And, for the record, I was driving 45 and do not need a lesson in driving.

**A: hahaha, ample case law. Ok, go right ahead and use your ample case law. You are appealing a federal court case. Good luck, you're gonna need it.
 

sukharev

Member
yes, I may need luck but...

HomeGuru said:
**A: hahaha, ample case law. Ok, go right ahead and use your ample case law. You are appealing a federal court case. Good luck, you're gonna need it.
yes indeed case law is practically non-existent for federal court. My question was very specific, though: what is the appeals procedure and what to watch out for? Please, try to actually answer that if you can.
 

HomeGuru

Senior Member
sukharev said:
yes indeed case law is practically non-existent for federal court. My question was very specific, though: what is the appeals procedure and what to watch out for? Please, try to actually answer that if you can.

**A: Ok, I will give you your answer as soon as you post the ample case laws that support your position. In brevity of time just post one short case law for each. Thank you.
 

sukharev

Member
case law

HomeGuru said:
**A: Ok, I will give you your answer as soon as you post the ample case laws that support your position. In brevity of time just post one short case law for each. Thank you.
here are some links. I'd leave it up to you to sort out the relevance. Much of the case law for radar applies to lidar. NJ case is specifically for lidar.

http://myspeedticket.com/major_speeding_ticket_case_law.htm
http://www.trafficschoolcatalog.com/speeding_ticket/16ApendixB.asp
http://ftp.cablemo.net/~speeding/lidarcase.html

Also see:
People v. Canulli, 341 Ill.App.3d 361, 792 N.E.2d 438, 275 Ill.Dec. 207 (Ill.App. 06/30/2003)
 
Last edited:

sukharev

Member
Any takers?

So, sadly, no real answers from HomeGuru... Is there anyone who actually knows what federal appeal is about and how to do it?
 

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