Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-08-2005, 09:47 AM
Member
 
Join Date: Oct 2005
Posts: 984

federal ticket appeal


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?
    Reply With Quote
  #2  
Old 11-08-2005, 09:52 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by sukharev
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.
    Reply With Quote
  #3  
Old 11-08-2005, 10:59 AM
Member
 
Join Date: Oct 2005
Posts: 984

huh?


Quote:
Originally Posted by HomeGuru
**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.
    Reply With Quote
  #4  
Old 11-08-2005, 11:04 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by sukharev
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.
    Reply With Quote
  #5  
Old 11-08-2005, 11:18 AM
Member
 
Join Date: Oct 2005
Posts: 984

yes, I may need luck but...


Quote:
Originally Posted by HomeGuru
**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.
    Reply With Quote
  #6  
Old 11-08-2005, 03:47 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by sukharev
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.
    Reply With Quote
  #7  
Old 11-08-2005, 06:03 PM
Member
 
Join Date: Oct 2005
Posts: 984

case law


Quote:
Originally Posted by HomeGuru
**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.

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

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 by sukharev; 11-08-2005 at 06:16 PM.
    Reply With Quote
  #8  
Old 11-09-2005, 06:07 PM
Member
 
Join Date: Oct 2005
Posts: 984

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?
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:09 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.