What is the name of your state (only U.S. law)? Denver, Colorado
I just came back from trial for a speeding ticket. the street is 40 - 30 MPH area and the school zone is 20.
I was caught doing 42 in a 20 with Laser.
Although the magistrate told me it was radar, and prepare my defense at arraignment.
I use Case Dismissed, which is based on Tipmra. It is trial by ambush because no lame excuse will ever save you.
In my defense it says the court should have a city attorney present, most towns do, Denver doesn't, I motioned for dismissal based on that the people does not have anybody to present their case. Of course the officer can't act as prosecutor, (he's the witness) and the judge can't act as both trier of fact and prosecution (biased). but she said its because of the some bull crap severity of the case etc.
The city, for their financial gain, did not represent the people's case.
The other part of my defense is the officer did not test the gun after my ticket and had no certification that the gun was accurate. Testing alone is not enough as most of these guns do their own "internal" testing, which he'll always say he did.
I need to appeal, is there any case laws or material that you can recommend and 1) show that a city attorney should be present, and 2) My case of against the admissibly of the gun because the officer did not proof with a legal degree of certainty that it was accurate.
Let me know your thoughts on this guys,
Thanks
Dan
I just came back from trial for a speeding ticket. the street is 40 - 30 MPH area and the school zone is 20.
I was caught doing 42 in a 20 with Laser.
Although the magistrate told me it was radar, and prepare my defense at arraignment.
I use Case Dismissed, which is based on Tipmra. It is trial by ambush because no lame excuse will ever save you.
In my defense it says the court should have a city attorney present, most towns do, Denver doesn't, I motioned for dismissal based on that the people does not have anybody to present their case. Of course the officer can't act as prosecutor, (he's the witness) and the judge can't act as both trier of fact and prosecution (biased). but she said its because of the some bull crap severity of the case etc.
The city, for their financial gain, did not represent the people's case.
The other part of my defense is the officer did not test the gun after my ticket and had no certification that the gun was accurate. Testing alone is not enough as most of these guns do their own "internal" testing, which he'll always say he did.
I need to appeal, is there any case laws or material that you can recommend and 1) show that a city attorney should be present, and 2) My case of against the admissibly of the gun because the officer did not proof with a legal degree of certainty that it was accurate.
Let me know your thoughts on this guys,
Thanks
Dan