what are my chances on appeal?

What is the name of your state? Massachusetts

I appealed a ticket for speeding before a (very sarcastic pro-prosecution) judge on the basis that according to

Chapter 90: Section 17. Speed limits


Section 17. No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless a way is otherwise posted in accordance with the provisions of section eighteen, it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1) if a motor vehicle is operated on a divided highway outside a thickly settled or business district at a rate of speed exceeding fifty miles per hour for a distance of a quarter of a mile, or (2) on any other way outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or (3) inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile,

Because of a hill in the rd on route 1A and because the police officer was standing (and always is) less than 1/10th of a mile from the crest of the hill, he didn't observe me (or anyone else) for the required 1/8th of a mile.


The judge ignored my argument and asked if I know what is in my driving record. I sd that I did - 3 tickets in the past 6 years, 2 in the same area on 1A. I told her, and the truth is I drive hundreds of miles every week because I drive for a living, work 7 days a wk and travel all over New England. And NOT coincidentally, 2 of the tickets were on the same rd, in my home town, because the speed limit is unreasonably low for the area on 1 A and rarely do you see anyone going that speed. She found me responsible.

So I guess cops don't have to follow the law like others have to.

Does anyone think that I would have a good chance, if I appealed this decision?

[cepe10]

Originally Posted by Pat88998899

So I guess cops don't have to follow the law like others have to.

Does anyone think that I would have a good chance, if I appealed this decision?

Bingo! - LEO's typically think they are above the law, or ignore laws they do not like quite liberally.

and as to the answer - you can only try and find out - I think when you get a judge who was formerly a prosecutor -they tend to be farily corrupt and operate kangeroo courts...was this the case? - look up their "qualifications on the net for the court. on appeal you could get an open-minded judge who will observe the law...

Originally Posted by cepe10

Bingo! - LEO's typically think they are above the law, or ignore laws they do not like quite liberally.

and as to the answer - you can only try and find out - I think when you get a judge who was formerly a prosecutor -they tend to be farily corrupt and operate kangeroo courts...was this the case? - look up their "qualifications on the net for the court. on appeal you could get an open-minded judge who will observe the law...

Thank you, How do you look up their "qualifications on the net for the court"? and what does that mean?

[cepe10]

for example: md district court

[url]http://www.courts.state.md.us/district/directories/judges.html[/url]

the first one on the list Mr. Bass

H. GARY BASS, Associate Judge, District Court of Maryland, District 1, Baltimore City, since August 23, 1983. Member, Public Awareness Committee, Maryland Judicial Conference, 1994-.

Assistant State's Attorney, Baltimore City, 1970-82. Deputy State's Attorney, Baltimore City, 1983. Born in Baltimore, Maryland, November 7, 1942. Attended Baltimore City College High School; Loyola College, B.S., 1964; University of Maryland School of Law, J.D., 1967. Admitted to Maryland Bar, 1967. Member, American, Maryland State and Baltimore City Bar Associations. President, University of Maryland Law School Alumni Association, 1982.

Originally Posted by cepe10

for example: md district court

[url]http://www.courts.state.md.us/district/directories/judges.html[/url]

the first one on the list Mr. Bass

H. GARY BASS, Associate Judge, District Court of Maryland, District 1, Baltimore City, since August 23, 1983. Member, Public Awareness Committee, Maryland Judicial Conference, 1994-.

Assistant State's Attorney, Baltimore City, 1970-82. Deputy State's Attorney, Baltimore City, 1983. Born in Baltimore, Maryland, November 7, 1942. Attended Baltimore City College High School; Loyola College, B.S., 1964; University of Maryland School of Law, J.D., 1967. Admitted to Maryland Bar, 1967. Member, American, Maryland State and Baltimore City Bar Associations. President, University of Maryland Law School Alumni Association, 1982.

I don't think Massachusetts has what Maryland has. I tried searching using everything it could be under and found nothing.

(and yes, her court is a Kangaroo court, cops and prosecutors always win).

Besides this, I sat in on hearings being held one day. It seems because this is a hick town with no crime, they have to create it. There was a teenager in handcuffs charged with stealing (by way of eating) his friends cake, after entering his friends house with his friends sister!

[cepe10]

Wonder if she is even a member of the state bar - you might want to try that... anyway you may get a fair trial at appeal but who knows - and i think you should attack the tuning forks as well - did they offer any calibration evidence?

Originally Posted by cepe10

Wonder if she is even a member of the state bar - you might want to try that... anyway you may get a fair trial at appeal but who knows - and i think you should attack the tuning forks as well - did they offer any calibration evidence?

The tuning fork argument totally confuses me, so I couldn't argue that! But the person before me, who had a lawyer used this issue, and the judge takes all cases under advisement, but it is obvious that she believes the cop every time.

[cepe10]

01/03/79 COMMONWEALTH v. KATHLEEN WHYNAUGHT
[1] SUPREME JUDICIAL COURT OF MASSACHUSETTS
[2] [Editor's note: the court provided no docket number in the original opinion]
[3] 1979.MA.7 <http://www.versuslaw.com>, 384 N.E.2d 1212, 377 Mass. 14
[4] January 3, 1979
[5] COMMONWEALTH
v.
KATHLEEN WHYNAUGHT
[6] SYLLABUS BY THE COURT
[7] Evidence, Speed, Radar speed measuring device, Competency, Judicial discretion. Motor Vehicle, Operation.

This court declared its intention to reverse any conviction and order that a judgment for the defendant be entered in any speeding case tried after the date of this opinion, where radar readings from untested equipment are admitted over objection and without independent corroborative evidence. [21]

Sounds like you have another basis for appeal - The supreme court of MA days specifically that the LEO must provide the evidience of the radar guns calibration and that would include that the tuning forks are tested and accurate. -In your case it sounds like the LEO didn't even know what "evidence" is

Originally Posted by cepe10

01/03/79 COMMONWEALTH v. KATHLEEN WHYNAUGHT
[1] SUPREME JUDICIAL COURT OF MASSACHUSETTS
[2] [Editor's note: the court provided no docket number in the original opinion]
[3] 1979.MA.7 <http://www.versuslaw.com>, 384 N.E.2d 1212, 377 Mass. 14
[4] January 3, 1979
[5] COMMONWEALTH
v.
KATHLEEN WHYNAUGHT
[6] SYLLABUS BY THE COURT
[7] Evidence, Speed, Radar speed measuring device, Competency, Judicial discretion. Motor Vehicle, Operation.

This court declared its intention to reverse any conviction and order that a judgment for the defendant be entered in any speeding case tried after the date of this opinion, where radar readings from untested equipment are admitted over objection and without independent corroborative evidence. [21]

Sounds like you have another basis for appeal - The supreme court of MA days specifically that the LEO must provide the evidience of the radar guns calibration and that would include that the tuning forks are tested and accurate. -In your case it sounds like the LEO didn't even know what "evidence" is

Thanks, so does that mean that they are supposed to provide the evidence of radar gun calibration, tuning fork etc. even if not asked about it? According to this, don't you have to object to something in order to use this as an appeal issue? This is very confusing.

Originally Posted by cepe10

01/03/79 COMMONWEALTH v. KATHLEEN WHYNAUGHT
[1] SUPREME JUDICIAL COURT OF MASSACHUSETTS
[2] [Editor's note: the court provided no docket number in the original opinion]
[3] 1979.MA.7 <http://www.versuslaw.com>, 384 N.E.2d 1212, 377 Mass. 14
[4] January 3, 1979
[5] COMMONWEALTH
v.
KATHLEEN WHYNAUGHT
[6] SYLLABUS BY THE COURT
[7] Evidence, Speed, Radar speed measuring device, Competency, Judicial discretion. Motor Vehicle, Operation.

This court declared its intention to reverse any conviction and order that a judgment for the defendant be entered in any speeding case tried after the date of this opinion, where radar readings from untested equipment are admitted over objection and without independent corroborative evidence. [21]

Sounds like you have another basis for appeal - The supreme court of MA days specifically that the LEO must provide the evidience of the radar guns calibration and that would include that the tuning forks are tested and accurate. -In your case it sounds like the LEO didn't even know what "evidence" is

I just called the court to find out how to appeal, and was told that the appelate fee is $180 non-refundable, even if you win. My ticket is $155.00. I am thinking of writing the Judge a letter and asking why she and the police don't have to follow the laws, but everyone else does.

[cepe10]

I think making it as confusing as possible is the point since the state treads on very shaky legal grounds....

You may have an entire retrial upon appeal. in MD we do.

As to the radar evidence in your trial...doesn't sound like any evidence was properly presented (which seems to be the usual)

Yes - when the state provides evidence in a criminal trial (which is your case was the radar speed measurement) - the State is required to provide the foundation for that evidence.
National Highway Traffic Safety Administration (NHTSA), International Association of Chiefs of Police (IACP), case law all support this.

Assuming the device model is on the IACP approved list...

For radar, besides the internal electronics check, the unit is typically calibrated with a set of tuning forks which correspond to different speeds (ie 20 mph and 55 mph) at least two are required to show a linear relationship and accuracy through a range of speeds before and after the measurement was made. The same applies for any scientific measurement to verify the instruments accuracy and percision.

The traffic control LEO is obviously going to lie through his teeth and say he did all this. but there is no real getting around that. he should have logs etc...

The tuning forks (little metal forks) themselves also need to be calibrated generally to NIST traceable standards. they can easily become inaccurate - dropping, scratches, temperature released stain etc.... A certified accuracy report is required to support that they are accurate usually on an bi-annual or annual basis at most. That is what to go after-it is the easiest thing to attack.

Unless the LEO was a qualified technical expert on radar and able to repair and calibrate radar and tuning instruments, his testimony was inadmissable as he most likely had no direct knowledge especially with the tuning forks.

[cepe10]

Originally Posted by Pat88998899

I just called the court to find out how to appeal, and was told that the appelate fee is $180 non-refundable, even if you win. My ticket is $155.00. I am thinking of writing the Judge a letter and asking why she and the police don't have to follow the laws, but everyone else does.

The governor's office is a much better route. They actually usually tend to listen...and it will put some pressure

and don't forget you insurance rates, but since you drive a lot of miles like me you probably already have taken your biggest hits...

Originally Posted by cepe10

The governor's office is a much better route. They actually usually tend to listen...and it will put some pressure

and don't forget you insurance rates, but since you drive a lot of miles like me you probably already have taken your biggest hits...

No I haven't forgotten. It just seems I am fighting an expensive losing battle. In the past 6 yrs, I got 2 other tickets. Does the insurance penalty decrease, the more tickets you get?


So you think I should call or write the governors office? What can they do?


Thanks

[cepe10]

once you lose your good driver discount the increases might only be 5% which may only be $100 a year or so...

Working in a government capacity myself i know that when we get a letter from the governor's office it's certainly of note Perhaps getting a few letters from the governor's office on misconduct issues acts as a deterrent to kangeroo court judges...

As you have pointed out they sometimes feel "above the law" themselves and complaint directly to them have little weight against their inflated ego's.

[Smiles]

In MA, without going into exceptions or specifics, each point on your license equates to about a 15% increase in your insurance costs. The system is new for this year, and any complaints can be filed at the current governor's feet as his administration pushed for the change over the objections of the attorney general.

A speeding ticket is a minor traffic violation worth 2 points. The first one in your 6-year driving history is 'free' (eliminating the good driving discount, but no surcharge). You can read more [url=http://www.mass.gov/doi/Consumer/WaysToSave_SDIP.html]here[/url]. Yes, points can go down as they age, but only if you keep your record clean for three years.