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#1
06-29-2009, 12:22 AM
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Looking for advice from Crim Def Atty or EXP.Traffic Atty.What is the name of your state (only U.S. law)? Il I would like to get a different take on proceeding to fight a erroneous seat belt ticket. I have law background and I've sat side chair to much more detrimental cases.It's not a question of if I'm fighting the ticket just a matter of which course I take. I want access to ourside video of the firehouse and police station along with the video of the ticketing officers car,plus radio communication between the two officers involved. It will undoubtedly substantiate my defense. I plan to file a motion for discovery and then I would like some different view from that point. I will also request a trial for a quick date,expecting the PD to request a continuance.So please give me some ideas. Thanks a million in advance.
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#2
06-29-2009, 12:28 AM
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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. FreeAdvice 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. Second - it's going to come down to the evidence. Evidence, in this case, is the testimony.
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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#3
06-29-2009, 12:39 AM
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| Haha...thank you very much for that insight. I have done quite a bit of research on this and many other sites. As well as through my law books that seem to be a wonderful gift after finishing law school. I also couldn't agree with your statement "Second - it's going to come down to the evidence. Evidence, in this case, is the testimony." All except the testimony part. I plan on slamming them very hard and very fast and asking for a dismisal. Let me fill you in just a bit. I have been harassed repeatedly by these two officers (i know it's stated all the time.) and this particular day I had three witnesses in the car with me that will testify to me having my seat belt on. Now...the issuing officer was doing an illegal three point turn around (if that's possible for "an officer") in the firestation driveway,thus making it impossible for him to even see me much less my seat belt. So that is why I was looking for some different views, just as tips,reference etc. If there is a post on this site that is what I'm looking for...I have yet to see it. Thank you again for your post. SJ
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#4
06-29-2009, 04:36 AM
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| If you are a lawyer, you should be aware of the unholy threesome. The Judge, the DA who see each other every day, and you. Slamming them is a definite no no. Carefully laid out defense is the best bet. I.e. no apparent animosity or Vengence.
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#5
06-29-2009, 11:19 AM
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| If you want to discredit the officers, here is what I would do, take picture of you in your car wearing and not wearing the seat belt from various locations and angles from where you believe the officer was located and then asked the officer to clearly identify in which picture your were or were not wearing the seat belt. Depending on the car it very hard to determine if someone is wearing a seat belt unless you are right on top of them or looking in at just the right angle. I know I have a car with black interior and black belts and I wear a black jacket and there is no way you can tell I am wearing a belt unless you walk up to the car and look in, There is not way otherwise to know at a distance.
__________________ I am not a lawyer nor am I in law enforcement, I will not make any value judgment on why you're asking a questions. I will try to provide information so you can make an informed decisions so take it for what is worth and do your own research. Remember it is easy to tell someone they will lose verse providing knowledge. Lastly, I have no vested interest in your outcome win, lose or draw and the same goes for anyone else.
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#6
06-29-2009, 01:36 PM
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__________________ If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me. No private messages, I do not reply to them.
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#7
06-29-2009, 02:11 PM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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#8
06-29-2009, 03:54 PM
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Thank youLet me start by thanking all valued input. Then I will follow by clearifying that when I said hit them hard...I meant very tactful and precise. The DA usually has very little if anytime to prepare for trials especially ones where they have been granted a continuance when trial has been set and expect another to be granted. Which is all to often the case. I have taken many pictures of the seat belt factor (with/without) I also plan to request the video footage of the officers car, that will clearly show him doing a three point turn...thus making it impossible for him to see anything in my vehicle much less my seat belt. If you have any other helpful experience or insight I am greatly appreciative. I always believe two heads are better than one and three are better than two and so on... Thanks again
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#9
06-29-2009, 03:59 PM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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#10
06-29-2009, 04:14 PM
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#11
06-29-2009, 04:42 PM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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#12
06-29-2009, 05:14 PM
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__________________ "Anyone who trades liberty for security deserves neither liberty nor security” ~ Benjamin Franklin
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#13
06-29-2009, 11:16 PM
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To his point, my car has an adjustment on the b-pillar to move the mounting location down to below your shoulder so it not easily seen, then add in dark tint and guess what no way to tell whether I have one on or not. At least one time I know an officer thought I did not have one on, because when he walked up to me he said. "oh glad to see you have your self belt on," But in PA seat belt is a secondary offense so it did not really matter. The problem is most officer look for the strap going up to the b-pillar as and indication of whether you are wearing or not.
__________________ I am not a lawyer nor am I in law enforcement, I will not make any value judgment on why you're asking a questions. I will try to provide information so you can make an informed decisions so take it for what is worth and do your own research. Remember it is easy to tell someone they will lose verse providing knowledge. Lastly, I have no vested interest in your outcome win, lose or draw and the same goes for anyone else. Last edited by Maestro64; 06-29-2009 at 11:18 PM.
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#14
06-30-2009, 03:22 PM
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Stay focused peopleA few of those rants were more symantics than anything... But about the question "how do I know there was video?" I do know that the officer's car has video and I know there is video outsite the fire/police station because I live very close and see the globes. These are more factors that weight in my defense as opposed to being the actual case themselves. I have taken 12 photos of me with and without seat belt and there is no possible way for him to be able to tell whether or not I had it on. Regardless if he is looking for a strap or not... I have a 2008 Sport Trac Limited and with the back windows being tinted (from the factory) I have twelve pics that will definitely discredit him. I have twelve because he has a better chance of guessing correct with three. Anyways...please give me some more helpful weight to add to my defense. Please Thanks.
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#15
06-30-2009, 03:28 PM
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If the sun was coming from the front of your car, it would be easy to see through your factory tinted windows. Did you take the pics at the exact time that your citation was issued? Were the weather conditions the same? Did you use a flash? You've got a lot of hurdles here. Good luck.
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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