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Visually estimated my speed on a motorcycle at night

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Zigner

Senior Member, Non-Attorney
LOL, if you went to an actual ABA school then I assume you should know that a Civil Case is based upon a preponderance of the evidence where as a Criminal/ Traffic court is based upon a reasonable doubt. I do not doubt you are an attorney but if the OP goes into a packed traffic court asking for a side bar and ordering an expert testimony most courts will ROFL. Traffic/ criminal court is a super quick thing unless he is charged with serious felonies that warrants a trial by jury.

This is for Davis county Utah so I do not know if it covers his county as he did not say what county the offense occurred in,

Davis Cty Utah Mandatory Court App


Only around 5-10 percent of actual attorneys are worth their salt, and it is best to deal with a specialized field attorney than a general practitioner.

I wish the OP luck in this case.
You made a specific assertion. If you cannot actually back it up, then just acknowledge that your assertion is merely your ignorant*/anecdotal belief and not based on any actual statistics. As I stated previously, merely giving a list of offenses that require mandatory appearances does not back up your statement.


*I am using "ignorant" literally, and not as an insult.
 


Redemptionman1

Active Member
You made a specific assertion. If you cannot actually back it up, then just acknowledge that your assertion is merely your ignorant*/anecdotal belief and not based on any actual statistics. As I stated previously, merely giving a list of offenses that require mandatory appearances does not back up your statement.


*I am using "ignorant" literally, and not as an insult.

I just posted a county in Utah that his offense is a mandatory court appearance, I would imagine other counties in his state follow the same guidelines. That speaks for itself as in his speeding ticket is a Mandatory court appearance. If reading and comprehension is not your strong suit then your literal statement must refer to yourself as in "I have no idea as to what I am talking about.
 

Just Blue

Senior Member
I just posted a county in Utah that his offense is a mandatory court appearance, I would imagine other counties in his state follow the same guidelines. That speaks for itself as in his speeding ticket is a Mandatory court appearance. If reading and comprehension is not your strong suit then your literal statement must refer to yourself as in "I have no idea as to what I am talking about.
Post the link, please.
 

Zigner

Senior Member, Non-Attorney
I just posted a county in Utah that his offense is a mandatory court appearance, I would imagine other counties in his state follow the same guidelines. That speaks for itself as in his speeding ticket is a Mandatory court appearance. If reading and comprehension is not your strong suit then your literal statement must refer to yourself as in "I have no idea as to what I am talking about.
Your specific assertion was: "...now with the ways most states laws are written they only write tickets that have mandatory court appearances." You have been asked several times to provide a citation for your specific assertion. You are unable to do so because your statement was ignorant and anecdotal. It's clearly not my comprehension that is at issue here.
 

Redemptionman1

Active Member
^ OMG LOL ROFL my head is going to explode.

:alien::alien:(y)(y):poop::poop:

I am speechless but OP hire an attorney in your local area that does criminal defense and traffic tickets. Find the biggest sleaze, Better Call Saul you can find and DO NOT LISTEN to anyone on this forum. You will be okay with a Saul Goodman type.


Good Luck. RM out.
 

Ohiogal

Queen Bee
LOL, if you went to an actual ABA school then I assume you should know that a Civil Case is based upon a preponderance of the evidence where as a Criminal/ Traffic court is based upon a reasonable doubt. I do not doubt you are an attorney but if the OP goes into a packed traffic court asking for a side bar and ordering an expert testimony most courts will ROFL. Traffic/ criminal court is a super quick thing unless he is charged with serious felonies that warrants a trial by jury.

This is for Davis county Utah so I do not know if it covers his county as he did not say what county the offense occurred in,

Davis Cty Utah Mandatory Court App


Only around 5-10 percent of actual attorneys are worth their salt, and it is best to deal with a specialized field attorney than a general practitioner.

I wish the OP luck in this case.
What part of this site do you know? You don't know how to read or comprehend. Try reading the TOS. And get vetted if you are an attorney. If not, sit back and shut up and quit acting like jerk.
 

Ohiogal

Queen Bee
Your specific assertion was: "...now with the ways most states laws are written they only write tickets that have mandatory court appearances." You have been asked several times to provide a citation for your specific assertion. You are unable to do so because your statement was ignorant and anecdotal. It's clearly not my comprehension that is at issue here.
He doesn't comprehend what we are asking. Apparently, he doesn't understand English. No laws has he quoted that require police only write tickets that have mandatory court appearances.
 

Zigner

Senior Member, Non-Attorney
He doesn't comprehend what we are asking. Apparently, he doesn't understand English. No laws has he quoted that require police only write tickets that have mandatory court appearances.
Nor even any statistics to show that policies and/or procedures in "most" states require that officers focus on issuing citations that require court appearances.
 

Redemptionman1

Active Member
Why don't you guys start your own thread and stop bumping this mans thread?

I am sure that violates the TOS for this site, pretty sure it does.
 

FlyingRon

Senior Member
The problem is that the officer, himself, is an expert witness and presumed to be knowledgeable and truthful. If he wants to show otherwise, it will take more than his own assertion (which is going to be considered as biased and unsubstaniated).
 

Taxing Matters

Overtaxed Member
He doesn't need expert testimony this is not a Civil trial, the preponderance of the evidence is not in use here. The burden of proof is not carried by him but by the prosecutor/ officer. He would have to be proven guilty beyond a reasonable doubt. So, no he doesn't need an expert to testify, but rather proof of what the office said he did and then attack that proof. Any good criminal defense/ traffic ticket attorney can do that.
No it's not a civil trial. But the same rules of evidence apply. The state must prove him guilty, but the problem is that if the state's case is sufficient to that — like the court believing the cop's unopposed testimony on the speed — then the driver needs to present contrary evidence to rebut what the state provided. One way to do that is to show that the cop's measurement of speed must have been wrong because the vehicle being driven was simply not capable of going the speed the cop claimed the driver was doing. If that's the attack the defense wants to make, it will need expert testimony regarding the maximum speed that vehicle could attain.
 

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