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#1
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Fighting a traffic ticket?What is the name of your state (only U.S. law)? California I want to know what 4 documents must the officer bring to court and have submitted into evidence? What is hearsay evidence? What is a coasting charge? |
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#2
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The driver of a motor vehicle when traveling on down grade upon any highway shall not coast with the gears of such vehicle in neutral. |
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#3
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| totalcom1 In Ca.a driver cited for a traffic infraction can request Discovery. This means the driver can request a copy of the officer's notes usually written on the back of a ticket, a copy of the front and back of the ticket and a copy of the video if one was made. The driver makes two copies of his request. A FRIEND delivers or mails, certified ,return receipt, one copy to the D.A. and one to the citing officer. The website Help! I Got A Ticket ! has a form to download, although the copy sent to the citing officer needs to be modified. Alternatively your local library may have a copy of a book published by NOLO on contesting a traffic ticket which has a form that can be copied in the back of the book. To read about Discovery, information can be obtained from the above website or simply by typing Discovery for traffic tickets in the Google Search Window. Ideally Discovery should be obtained before entering a plea or filing a Trial by Declaration. A form for instructions on how to file and a form to submit can be obtained from a court clerk or can be downloaded by typing in Trial by Declaration on Google. If the judge rules against the cited driver, then the driver can file for a new trial (another form) and a different judge if done within 20 days. In court the officer must identify the driver as the one he cited the driver violated all elements of the vehicle code he was cited with that the driver did it deliberately If the officer doesn't show up in court "Failure to Prosecute" should have the case dismissed. The driver can also ask for an extension BEFORE Arraignment by phoning a court clerk. In most cases this is granted. Flying Ron has answered your other two questions. Best Regards, Hey There |
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#5
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- Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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#6
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| I guess you guys don't recognize homework when you see it.
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#7
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| I doubt his instructor will be looking for any of the responses posted here. I suspect the class lecture or the text provided at least some of the answers and that might differ from a response given here. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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#8
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In addition to what FlyingRon stated, a person testifying cannot quote a another person's statements during a conversation that transpired between them. If the witness does that, then their statement regarding that conversation is referred to a "hearsay" which is inaddmissable in court! If the party testifying feels that the conversation is important to their case they can call that third part to testify as to the particulars of that conversation!
__________________ "Anyone who trades liberty for security deserves neither liberty nor security” ~ Benjamin Franklin |
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#9
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Heresay is a complex evidentiary issue. Lawyers rely on it, Pro Se's get hung by it. Study hard and ignore IGB's "advice" on the matter.
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne) |
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#10
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Thank you very much!
__________________ "Anyone who trades liberty for security deserves neither liberty nor security” ~ Benjamin Franklin Last edited by I_Got_Banned; 10-04-2008 at 04:46 PM. |
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