S
Sim-X
Guest
What is the name of your state? *Wisconsin*
Hi, I am new to this forum so I am just looking for some advice on what I should do. Here is a rundown of what has happened. Back in October of last year (2002) I got a speeding ticket on I-94 in Eau Claire Wisconsin. The female officer clocked me @ 83 in a 65. I paid a $212.60 fine on the spot. I am 17 years old with a fresh license. That ticket was my first speeding ticket. I am a resident of Minnesota so I think the price was jacked up higher for me. When the officer stopped me, I knew I was getting a ticket. Anyway, I got the ticket, paid the fine and I was on my way. I put in a “Not Guilty” Plea. That went to pre-trial and I didn’t want to play games at all so I got a trial date set-up. That date was today. Monday 2/3/03. We had a pretty big snow storm last night, so the roads were really bad and school was cancelled. I still drove over 120 miles to Eau Claire. I was 40 minutes early for my trial. I have been waiting for this trial for a LONG TIME and I wanted to put an end to it today. I think I did a pretty good job stating my defense, but the judge certainly didn’t think so! Here is what happened….
Once inside the court room, my name was called and I went up to have a seat and defend myself. This was my first trial I have been to so I was kind of new to everything and yes, I was pretty nerves! So the officer was sworn in and took the witness stand. The prosecutor asked her a bunch of questions, EXACTLY what I was expecting. (by the way, the device she clocked me with was a laser) I already knew she used a laser, I found that out well before trial. So the prosecutor just asked things like, “How long have you been an officer?” “Have you had training on how to use the laser unit?” “Was the unit accurate?” “Did you perform a self check?” “Could anything could have gotten in the way of the reading of the laser?” Just simple questions like that, of course she answered yes to all of them. Once the prosecutor rested her side, now it was my turn to shine. I thought I was in pretty good shape because everything had gone how I expected it to up to that point. Now, whatever I put in quotes from this point out, is what I said “WORD FOR WORD IN THE COURT ROOM” So anyway, once the prosecutor handed it over to me I then asked the following questions:
***My Trial***
“Office, how did you determine the unit you used was accurate?” she said she did a check, she tested it out, etc…
“Officer, the self check is an electronic check is it not?” she said yes
“Officer, other then the self check what other check did you perform?” she said none
“Can you see the beam of light with the naked eye?” she said no
“Without check the unit against a moving object where the speed of the object is known, can you with a LEGAL DEGREE OF CERTAINTY, and based on your detailed engineering knowledge of the workings of the unit state that the unit worked that day as per engineering specifications?” she said yes, (lol, I couldn’t believe she did, but it was pretty funny, you should have seen the look on her face)
“Officer please describe to the court your engineering qualifications?” she just kinda sat there in shock and said no
I then asked for dismissal.
Basically, I thought I had completed my task. I am no lawyer, but I thought I did pretty well for my first time and only being 17 :--) Everyone in the court room was pretty shocked when they heard me asking these questions. But as you could prob tell, my defense was that she couldn’t prove that the unit was working that day per engineering standards. So that was pretty much all I said. I thought the judge could figure out that she couldn’t prove her engineering qualifications. I then ended my questions and the prosecution had nothing to say, she was kinda shocked! Lol Well in the end the judge still said the unit was accurate even tho she couldn’t answer my question and I asked for the case to be dismissed. Now, I didn’t think it was a fair decision on his part because the officer COULDN’T ANSWER MY QUESTION, she said that she “knew with a LEGAL DEGREE OF CERTAINTY that the unit worked that day as per engineering standards” I then asked her to explain to the court her engineering qualifications on lasers. Well she couldn’t. I then asked for Dismissal, the judge still found my guilty. He really didn’t make it clear, he kinda looked at me and said that’s it. I didn’t think his decision was fair, because the officer failed to declare her engineering qualifications. So basically what I want to know is “is it worth it to appeal his decision?” I want the appeals court to see where she backed out on engineering qualifications. But what I want to know is do you think the Appeals court will overturn the lower courts decision? And when I appeal it “CAN I POINT OUT TO THEM WHY I THINK IT SHOULD BE APPEALED?” Do you think I could have a good chance of appealing it? I guess what’s the next step in my case. I don’t mind appealing it because I really believe his decision was unfair. I never admitted to speeding, I never said a word in court about my speed, if I was going fast. NOTHING, I just wanted them to prove I was going 18 over the speed limit. I would like to appeal it, but what I want to know is what is my next step to appeal it? How much will it cost me? And if it is over-turned, (what are the chances of that) will I get my fine money back or my money I spent to appeal it? Sorry for the report, but this is pretty new to me and I really felt the judge made an unfair decision. Thx for your help! Oh yeah, what's the first thing I need to do In Appealing his Judgement? And What do I do afterthat?
Thx!
Hi, I am new to this forum so I am just looking for some advice on what I should do. Here is a rundown of what has happened. Back in October of last year (2002) I got a speeding ticket on I-94 in Eau Claire Wisconsin. The female officer clocked me @ 83 in a 65. I paid a $212.60 fine on the spot. I am 17 years old with a fresh license. That ticket was my first speeding ticket. I am a resident of Minnesota so I think the price was jacked up higher for me. When the officer stopped me, I knew I was getting a ticket. Anyway, I got the ticket, paid the fine and I was on my way. I put in a “Not Guilty” Plea. That went to pre-trial and I didn’t want to play games at all so I got a trial date set-up. That date was today. Monday 2/3/03. We had a pretty big snow storm last night, so the roads were really bad and school was cancelled. I still drove over 120 miles to Eau Claire. I was 40 minutes early for my trial. I have been waiting for this trial for a LONG TIME and I wanted to put an end to it today. I think I did a pretty good job stating my defense, but the judge certainly didn’t think so! Here is what happened….
Once inside the court room, my name was called and I went up to have a seat and defend myself. This was my first trial I have been to so I was kind of new to everything and yes, I was pretty nerves! So the officer was sworn in and took the witness stand. The prosecutor asked her a bunch of questions, EXACTLY what I was expecting. (by the way, the device she clocked me with was a laser) I already knew she used a laser, I found that out well before trial. So the prosecutor just asked things like, “How long have you been an officer?” “Have you had training on how to use the laser unit?” “Was the unit accurate?” “Did you perform a self check?” “Could anything could have gotten in the way of the reading of the laser?” Just simple questions like that, of course she answered yes to all of them. Once the prosecutor rested her side, now it was my turn to shine. I thought I was in pretty good shape because everything had gone how I expected it to up to that point. Now, whatever I put in quotes from this point out, is what I said “WORD FOR WORD IN THE COURT ROOM” So anyway, once the prosecutor handed it over to me I then asked the following questions:
***My Trial***
“Office, how did you determine the unit you used was accurate?” she said she did a check, she tested it out, etc…
“Officer, the self check is an electronic check is it not?” she said yes
“Officer, other then the self check what other check did you perform?” she said none
“Can you see the beam of light with the naked eye?” she said no
“Without check the unit against a moving object where the speed of the object is known, can you with a LEGAL DEGREE OF CERTAINTY, and based on your detailed engineering knowledge of the workings of the unit state that the unit worked that day as per engineering specifications?” she said yes, (lol, I couldn’t believe she did, but it was pretty funny, you should have seen the look on her face)
“Officer please describe to the court your engineering qualifications?” she just kinda sat there in shock and said no
I then asked for dismissal.
Basically, I thought I had completed my task. I am no lawyer, but I thought I did pretty well for my first time and only being 17 :--) Everyone in the court room was pretty shocked when they heard me asking these questions. But as you could prob tell, my defense was that she couldn’t prove that the unit was working that day per engineering standards. So that was pretty much all I said. I thought the judge could figure out that she couldn’t prove her engineering qualifications. I then ended my questions and the prosecution had nothing to say, she was kinda shocked! Lol Well in the end the judge still said the unit was accurate even tho she couldn’t answer my question and I asked for the case to be dismissed. Now, I didn’t think it was a fair decision on his part because the officer COULDN’T ANSWER MY QUESTION, she said that she “knew with a LEGAL DEGREE OF CERTAINTY that the unit worked that day as per engineering standards” I then asked her to explain to the court her engineering qualifications on lasers. Well she couldn’t. I then asked for Dismissal, the judge still found my guilty. He really didn’t make it clear, he kinda looked at me and said that’s it. I didn’t think his decision was fair, because the officer failed to declare her engineering qualifications. So basically what I want to know is “is it worth it to appeal his decision?” I want the appeals court to see where she backed out on engineering qualifications. But what I want to know is do you think the Appeals court will overturn the lower courts decision? And when I appeal it “CAN I POINT OUT TO THEM WHY I THINK IT SHOULD BE APPEALED?” Do you think I could have a good chance of appealing it? I guess what’s the next step in my case. I don’t mind appealing it because I really believe his decision was unfair. I never admitted to speeding, I never said a word in court about my speed, if I was going fast. NOTHING, I just wanted them to prove I was going 18 over the speed limit. I would like to appeal it, but what I want to know is what is my next step to appeal it? How much will it cost me? And if it is over-turned, (what are the chances of that) will I get my fine money back or my money I spent to appeal it? Sorry for the report, but this is pretty new to me and I really felt the judge made an unfair decision. Thx for your help! Oh yeah, what's the first thing I need to do In Appealing his Judgement? And What do I do afterthat?
Thx!