But ... if they are SOOOO eager for all this money and believe that traffic citations are the way to do it, why have they not issued marching orders to that effect? "Write citations! Save the state!" This has not happened. Nor does the money go to a pot that includes much in the way of discretionary funding.
Money does NOT have to go to any "discretionary funding" pot to benefit the State. The facts are simple:
1. California has some of the highest traffic infraction costs in the country. A stop sign ticket that costs over $400 here would cost less than $100 in many other states.
2. The money does not drift off into space or go to charity. The state uses it. What it uses it for is irrelevant... the state still gains benefit. If it goes to pay for cops and courts, then that means the state is not burdened to pay that amount from its general fund... which benefits the state!!
3. People are routinely convicted illegally in this State. There have been many examples on this site and others of where people were convicted WITHOUT the state meeting its statutory burden.
4. This state doesn't even provide prosecuting attorneys at trial, which is PURELY for economic purposes. Even though the burden of prosecution still lies with the prosecuting attorneys, we allow them not to show up because it is cheaper that way.
5. Defendants are routinely denied their rights to discovery by prosecuting attorneys. How many times have we seen here where the DA's office sends a letter to a defendant claiming that they have no responsibility towards discovery... even though the law (both case and statutory) is very clear that they do!!
6. Courts in this state simply ignore the law on a regular basis. The prosecution is never held to any standards (wait... what prosecution???) Defendant's rights are ignored and convictions are handed out with an obvious predetermination of guilt.
Jim, there is no nefarious plot to falsely accuse and cite drivers in the state in order to suck money out of them. If there is, they have done a heck of a job hiding it from those who are actually tasked with doing the job of issuing the citations.
I expect that from you as you have drank the kool-aide. The court system makes it nearly impossible for you to loose a case (if you show up... and many times even if you don't) but your performance is based on your ability to "produce". While there is no specific "quotas" being issued, traffic cops are expected to produce. And the state makes it easy for them to do it.
In any event, none of this is relevant to the OP's issue. He has a decent chance at a dismissal so long as his account of events is not seriously refuted at trial.
- Carl
I agree the OP has a good chance of beating this since it was ridiculous in the first place. However, I wouldn't be surprised at all to see the OP come back and tell us he was found guilty. I know you like to try to make me out to be a "conspiracy theorists", but you have practically never admitted fault in the system. If I am to an extreme (in your opinion), you are equally to an extreme in the opposite direction.
