wrongsometimes
Member
They are crimes that can be held in regular criminal court, along with theft, murder, etc. Some courthouses only have 1 criminal & 1 civil courtroom; I have been in one where DUIs were heard, a grand theft auto case was heard,
and assault & battery cases were heard. They are criminal charges in CT. The centralized infraction bureau only collects guilty pleas & fines. Hope this helps your understanding. Also, if you ask for an information, they must provide one & then you can even ask for a jury trial (although this is rarely done). Below is a transcript excerpt from my trial, as you can see, I motioned for an acquittal which is applicable only to criminal cases. I have not lost a criminal speeding or other traffic type case ever; I have gone through 5-7 cases over the years. I could post the entire transcript (redacted of course) if you wish .. maybe I should add this to a new thread to let people know who to act in court & questions to bring up?? ***************** ***************************************************************ATTY. HOFFMAN: Your Honor, the State asked the officer if he had -– if there was anything in the area that would distort the use of the laser device and he indicated to the Court that there was none.
THE COURT: What about the other question?
ATTY. HOFFMAN: And the second part of your questions of –- he testified that he tested the device before –-
THE COURT: I mean -- I know he –- I know he testified that -- he testified as to what he did both before and after the use of the use of the device, but the Statute talks about whether or not that there is going to be proof of suggested methods of testing
and I don’t recall –-
ATTY. HOFFMAN: Well --
THE COURT: -- any testimony to that affect.
ATTY. HOFFMAN: Well, he testified as to the --exactly what the test was that he preformed. The –-
THE COURT: Right, but is there any testi -- I know what he did I’m not disputing that I credited his testimony I have no reason to -- to disbelieve him when he says that, the question is was there any evidence offered as to what the suggested method of testing was?
ATTY. HOFFMAN: Did I specifically ask him if that was the suggested methods of testing? No, Your Honor.
THE COURT: That’s what the Statute calls for. Okay. The motion for judgment of acquittal is granted for the following reasons, he’s charged –- and I cred --not –- the Court is mindful that the trooper has extensive training. I credit his testimony as to his actions that night and frankly trooper I give you credit for attempting to give the defendant a break in connection with this, so this is not a commentary on your actions, but in that sense – so please don’t take it that way.
But the State has the burden of establishing the elements of the offense charged, 14-298 that’s what was charged. There’s been -– there was no evidence presented as to where he entered the highway or the location of the traffic control signals were in relation to where he was stopped. How long he had been operating on the highway and the Court is not satisfied also that the elements of 14-219c regarding the use of speed monitoring devices to support a conviction has been satisfied based on the nature of the evidence that was presented.
Motion for judgment of acquittal is granted.
Last edited:
