What else can they throw at me?

[mojo41]

What is the name of your state (only U.S. law)? ca.

I received my verdict today, in the mail, 33 days after trial. Instead of relief, there is only more incredulous reaction to a stupid ticket, right on thru to a stupid farce of a trial, {phony chp}, to now a stupid ruling.
The judge pro-tem "feels convinced " I was not going 101 miles per hour as charged, vc22348b, BUT, "real sure " my speed was over 65. Therefore, he has found me guilty of vc22349a, just speeding! Please pay $410.00, and do it quick!
I need to know, how do I go about getting an appeal? Do I submit in writing? What if I wrote this pro-tem person to let him know I was about to damage his career? All the bar asso. needs is a rumor to be wary of him. All I want is vindication from this mess, I wasn't even speeding! I do want to see the person who sat in for my cop to be punished.
mojo41

[Antigone*of*Greece]

Originally Posted by mojo41

What is the name of your state (only U.S. law)? ca.

I received my verdict today, in the mail, 33 days after trial. Instead of relief, there is only more incredulous reaction to a stupid ticket, right on thru to a stupid farce of a trial, {phony chp}, to now a stupid ruling.
The judge pro-tem "feels convinced " I was not going 101 miles per hour as charged, vc22348b, BUT, "real sure " my speed was over 65. Therefore, he has found me guilty of vc22349a, just speeding! Please pay $410.00, and do it quick!
I need to know, how do I go about getting an appeal? Do I submit in writing? What if I wrote this pro-tem person to let him know I was about to damage his career? All the bar asso. needs is a rumor to be wary of him. All I want is vindication from this mess, I wasn't even speeding! I do want to see the person who sat in for my cop to be punished.
mojo41

Way to go Mojo ~ threaten an officer of the court ~ that is certainly the way to take care of your issues

[FlyingRon]

Here's a dime, go call your mother and tell her there are serious doubts about you becoming a lawyer. Lawyers can articulate the situation without hysterical drivel.

[Antigone*of*Greece]

Originally Posted by FlyingRon

Here's a dime, go call your mother and tell her there are serious doubts about you becoming a lawyer. Lawyers can articulate the situation without hysterical drivel.

Ron,

Where the heck have you been. Where on earth does a dime still buy a phone call???

[Maestro64]

Well you got a classic example why people have no faith in the system.

I think the judge forgot you have to be guilty beyond a reasonable doubt to the charges as filled, he change the charges and found you guilt base on the testimony of a person who was not there and his feelings.

When you appeal you have to appeal on legal grounds not because you disagree on the out come. You got two legal grounds as i see it maybe more, one you were not afford the ability to confront your accuser and two the judge found you guilt of a charge which you were not cite for. The prosecution can amend charges but that is not the judges job.

I assume others will chime in on this one

[mojo41]

Maestro,
Good to hear your thoughts, I wondered how or why he would want to change the charge, now that the trial is over, that doesn't make sense. If he felt 101 wasn't my speed, whats wrong with good ol' not guilty?

Okay, so it's not a good idea to talk to the pro-tem, it would seem threatening. But why in the world would he even go along with this farce of a trial, I can't think the real judge would.

So Maestro, Wirelessany 1, Flying Ron, anyone know how to file an appeal?

mojo41

[I_Got_Banned]

Originally Posted by mojo41

Okay, so it's not a good idea to talk to the pro-tem

If you're appealing, you'll get your chance. Although as Wirelessany1 suggested, I'd limit my commentary to the business at hand.

As for ruining his career, I would suggest that you get off this emotional kick of yours before you attempt to do anything or you'll be spending some time with a few bars for contempt of court... And the Bar Association wouldn't be one of them.

He is still an officer of the court and no matter what you think, he has earned at least that much respect.

Originally Posted by mojo41

Okay, so it's not a good idea to talk to the pro-tem
anyone know how to file an appeal?

Here's a good start...

Information on Appeals procedures for infractions
[url]http://www.courtinfo.ca.gov/forms/documents/cr141info.pdf[/url]


Notice of Appeal and Record of Oral Proceedings (Infractions)
[url]http://www.courtinfo.ca.gov/forms/documents/cr142.pdf[/url]

[Flyingifr]

The Judge was obviously from Australia where all Kangaroos are from.

In his judgment you were guilty of something or the cop wouldn't have written the ticket. Maybe Judge Ito will hear the case.

[Maestro64]

Other than the jokes and the "are you stupid" comments you got some good advice from a number of people here on how to handle your situation.

To reiterate what IGB said, forget about that you do not like the outcome and being emotional and trying to get even somehow. I can tell you this much courts who hear appeals hate to hear appeals which the lower judge failed his job responsibilities. If you write your appeal correct and outline all the errors made by the court the higher court will definitely send that judge a message. Appeals take lots of people's time and resources and they do not want to hear them for a traffic case.

Filing an appear is how you get even. Just keep it factual and keep your feelings and opinion out of it. If you can find the various section of the rules of the court like your right to cross example the witness and cite those section of the code in your appear will help your case.

I can not help on the appeal front since I am not familiar with that aspect of the CA legal system, others here know that part.

Good luck.

[Jim_bo]

Mojo... don't be so upset. You have a victory, even if it is just a partial victory. The first step is to file the notice of appeal. You need to do this within 30 days. Here is a good source for a tutorial:

[url=http://helpigotaticket.com/appeal/index.html]Help! I Got a Ticket![/url]


IGB provided you with some good form info also. If you like, you could post your proposed statement and your briefs for some constructive criticism before submitting them. If possible, everything you submit should be in person so the clerk can time stamp a copy of it for you to keep.

Read the tutorial and start working on the proposed statement. I'm sure we can help you through the appeal process.

[I_Got_Banned]

Originally Posted by Jim_bo

If possible, everything you submit should be in person so the clerk can time stamp a copy of it for you to keep.

If not, and since I can only assume that the court is far from you, then mail everything "Certified Return Receipt Requested"... And if you choose that option, subtract a minimum of 3 days from the deadline date (as I am sure the deadline date is actually the "filing date" not the date you mail the docs to the court).

[mojo41]

Yes, I think with your critiques and suggestions I can get this appeal stuff moving. I went to the sites [ IGB thank you!] and the directions are pretty simple, taken one at a time, but put all together, it tends to be a little overpowering.

At my honey's sugestion, I called the court today to ask about traffic school. I'm thinking, if the appeal doesn't fly, how can it not?, I will have back-up in the sense of no insurance increases, I hope. The clerk said I should write a letter to the court, address it to a certain commissioner, but, I said, he's not my pro tem who heard the case. "Oh yes, I know, but the pro tem is still training, he's not up to deciding traffic school candidates!" WHAT THE HELL IS WRONG WITH THIS PICTURE?
According to the info, I may only appeal the final judgement of the trial judge. So, all those motions for dismissal, from me, that were turned down won't fly, just the end result, a substitute vc code, instead of not guilty?
I'm downloading more info, forms, THANKS, you all come thru, I knew you would. Maestro, IGB, Jimbo, ! mojo41

[mojo41]

Go ahead, throw all the blonde jokes you have at me, I totally deserve.
If the commissioner gives the traffic school, I won't need the appeal. I realize that now!
If that should occur, and even if it doesn't, I will be notifying the chp for one, it still must be dealt with.
I have till June 14 to appeal, which means June10, just to be safe. I plan to go ahead with it, doubt very much he'll allow traffic school. The letter goes out tom. mojo41

[Jim_bo]

Mojo.... two points:

1. I don't think the court is going to go back to a case they already decided on and award traffic school. But hey... it's worth a try.

2. Even if you do get traffic school awarded, you can still file an appeal. Worst case scenario is that your appeal fails and you have to do traffic school. It is really a no lose situation. You should consider it.