Let me begin by saying I am not seeking legal advice, but general opinion on how to proceed.
The other day, I was cited for running a stop sign (I'm innocent, I tell you! ) in New mexico. The officer provided the following state statute regarding my alleged infraction - "66.7.341---- (thru) 66.7.345 (http://law.justia.com/newmexico/code...rt7-17d7d.html) on the ticket.....
I thought I had a slam dunk case at winning, as all of these references relate to railroad crossings (except for the last one), and that the last one refers to where one must stop at a stop sign (i.e. before the crosswalk lines) IMHO.
Well, at magistrate court today, the judge ruled in favor of the officer, saying that I did in fact run the stop sign...
Well, the kicker in the case is that there is no railroad crossing within miles of the intersection.. I want to appeal it, but I am not sure if I should proceed, or just tuck my tail between my legs and go home
I beleive the judge should have referenced 66.7.330( http://law.justia.com/newmexico/code...330-18619.html) for the correct statute that regulates stop signs....
What do you folks think???? ( I have the "right" to appeal to the district court, but I am not sure it is worth it!). Also, as an aside, i was not allowed to question the officer as to the alleged violation... Maybe I am watching to much television, but I thought I was able (had the right) to do that
Please provide any input you folks can..... I look forward to all responses! ?What is the name of your state (only U.S. law)?
The other day, I was cited for running a stop sign (I'm innocent, I tell you! ) in New mexico. The officer provided the following state statute regarding my alleged infraction - "66.7.341---- (thru) 66.7.345 (http://law.justia.com/newmexico/code...rt7-17d7d.html) on the ticket.....
I thought I had a slam dunk case at winning, as all of these references relate to railroad crossings (except for the last one), and that the last one refers to where one must stop at a stop sign (i.e. before the crosswalk lines) IMHO.
Well, at magistrate court today, the judge ruled in favor of the officer, saying that I did in fact run the stop sign...
Well, the kicker in the case is that there is no railroad crossing within miles of the intersection.. I want to appeal it, but I am not sure if I should proceed, or just tuck my tail between my legs and go home
I beleive the judge should have referenced 66.7.330( http://law.justia.com/newmexico/code...330-18619.html) for the correct statute that regulates stop signs....
What do you folks think???? ( I have the "right" to appeal to the district court, but I am not sure it is worth it!). Also, as an aside, i was not allowed to question the officer as to the alleged violation... Maybe I am watching to much television, but I thought I was able (had the right) to do that
Please provide any input you folks can..... I look forward to all responses! ?What is the name of your state (only U.S. law)?