Fighting Ticket, Officer passed away

[almoore]

I was planning on fighting my speeding ticket because there was a transport truck blocking the officer, which makes be believe he didn't actually detect me but the truck. Sadly, the officer has passed away. Does this mean if I try to fight my ticket, it will automatically be thrown out?

Speeding ticket, no work/school zone, Ga oconee county

[tranquility]

Unless the court determines the ticket (writing) was the present sense impression of the officer and it proves *all* the elements of the crime, the prosecution will not meet their burden of proof if you contest the ticket.

[almoore]

Originally Posted by tranquility

Unless the court determines the ticket (writing) was the present sense impression of the officer and it proves *all* the elements of the crime, the prosecution will not meet their burden of proof if you contest the ticket.

Just to be sure, this means that the prosecution would not be able to prove that that I broke the law and would not be able to enforce the ticket. Is this correct?

[JIMinCA]

Originally Posted by tranquility

Unless the court determines the ticket (writing) was the present sense impression of the officer and it proves *all* the elements of the crime, the prosecution will not meet their burden of proof if you contest the ticket.

That's not right. The OP has a constitutional right to face his accuser. If the cop is not available for ANY reason... then he cannot present evidence against the OP.

Go to court and win your case.

[tranquility]

JIMinCA is a fight-your-ticket advocate on this forum. He has no concept of what hearsay is and believes the right to confront your accuser is a done deal.

You may win for sure based on what I say. What he says is just rubbish and has no basis in the law.

This is not a constitutional issue, but a statutory one regarding hearsay. Obviously the declarant is unavailable. He's dead. What can get the written portion into evidence?

Perhaps it is the fact it was written as the presence sense impression of the declarant. This would make it not hearsay per federal law. I do not know GA law and suggest, only suggest, unlike JIMinCA's bold, and incorrect statement, that it may be the same there.

At the end of the day, I'd challenge a ticket from a dead person. I bet you will win. Not because you can't constitutionally confront your accuser, but because the ticket is hearsay or because it does not prove up all the elements if GA statutes or the judge determines it is not hearsay or is an exception.

[Maestro64]

Yes, you could win, assuming you know your rights and understand the court procedures. There is plenty of instances where the officer is a no show and people are found guilty depending on the court and judge.

I am not familiar with GA processes for traffic violation, if could be a simple as you, the officer and the judge, or there could be a prosecutor involved as well. Even when the other side knows they most likely will not win, i.e. the officer is a no show, they will still attempt to get you to plead guilty or negotiate it down to a lesser offense.

However, if you understand you rights and know how to present and exercise them in court then you will not be railroaded.

Yes, a ticket is simply hearsay, there are rules of evidences that must be followed to introduce the ticket into evidence, and you do have right to confront your accuser, and a number of other things that must happen, however, if you do not know this and exercise your rights then you could still find yourself paying the ticket.

The judge could walk in and say dismissed because he is fair and reasonable, on the other hand he could ignore the fact that the officer will never present and still try get you to plead guilty, you have to be prepared for both.

[JIMinCA]

Originally Posted by tranquility

JIMinCA is a fight-your-ticket advocate on this forum. He has no concept of what hearsay is and believes the right to confront your accuser is a done deal.

You may win for sure based on what I say. What he says is just rubbish and has no basis in the law.

This is not a constitutional issue, but a statutory one regarding hearsay. Obviously the declarant is unavailable. He's dead. What can get the written portion into evidence?

Perhaps it is the fact it was written as the presence sense impression of the declarant. This would make it not hearsay per federal law. I do not know GA law and suggest, only suggest, unlike JIMinCA's bold, and incorrect statement, that it may be the same there.

At the end of the day, I'd challenge a ticket from a dead person. I bet you will win. Not because you can't constitutionally confront your accuser, but because the ticket is hearsay or because it does not prove up all the elements if GA statutes or the judge determines it is not hearsay or is an exception.

I'm glad you are not my attorney!!!

If a dead person can testify against the OP, then how is he allowed his right to cross examination.... or is that not a constitutionally garunteed right as well??

[JIMinCA]

Originally Posted by Maestro64

There is plenty of instances where the officer is a no show and people are found guilty depending on the court and judge.

Where the hell did this happen?? And who is the sucker that accepted a guilty verdict with no cop to testify against him??

[Maestro64]

Originally Posted by JIMinCA

Where the hell did this happen?? And who is the sucker that accepted a guilty verdict with no cop to testify against him??

There is one case on this board where the guy asked about information about speedy trial rights and he was from NJ and was on his 5th visit to the court because the officer retired from the force and was not going to show. The Judge told him either accept the prosecutor's plead bargain or plan to keep showing up in the his court. In that case the guy postpone the original hearing twice there by giving up his right to a speedy trial and he refuse to hire a lawyer so the judge kept rescheduling the hearing. If I remember correctly he was 3 years into this too.

So it does happen and happen more times than not.

I personally have an experience where the 3 officers were a no show and their captain showed up and tried to plead me out and I refused and the judge was going to allow the hearing to proceed. I exercised my rights and he tossed it even though PA has put provisions in the statute to allow the judge to postpone or continue when the officer is a no show especially if he is not there for good cause, like an emergence call. There is even case law on the subject. I guess the judge did not know he had that right.

This is my point as much as you might think it a clear cut matter it may not be and you have to know the court rules and the procedures, otherwise you could still lose even when your in the right.

[JIMinCA]

I'm glad you won your cases. As for the guy in NJ, one STUPID judge doesn't make an action legal or constitutional. The cop retired... he didn't die. He was still available to be called as witness by the state. If this wouldn't fly in a felony case... why should it work in a traffic case? This has nothing to do with procedures of court, it has to do with fundamental constitutional rights.

[FlyingRon]

Originally Posted by JIMinCA

I'm glad you are not my attorney!!!

If a dead person can testify against the OP, then how is he allowed his right to cross examination.... or is that not a constitutionally garunteed right as well??

A dead person can't testify. If there is EVIDENCE (statements issued before death), that can be introduced. You don't cross-examine evidence, but you can argue it's admissibility.