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Need some legal advice regarding a ticket.

Michigander

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Well, I've got the PD's clerk working on copying me "all relevent notation and/or evidence regarding my stop", and I've got the court claiming to be scheduling a hearing. It's rather annoying being an out of work construction worker who is eating away at his savings just waiting to move to a place with jobs, but what can I say, he pissed me off.

I'm pondering writing a complaint and giving it to the officer's Lieutenant after the hearing. My suspicion is that a guy like that will probably have messed up before, probably enough so that others will have complained, and it would be good to make a recorded addition to it.
 

SpringerXDacp

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Michigander wrote:
Well, I've got the PD's clerk working on copying me "all relevent notation and/or evidence regarding my stop", and I've got the court claiming to be scheduling a hearing. It's rather annoying being an out of work construction worker who is eating away at his savings just waiting to move to a place with jobs, but what can I say, he pissed me off.

I'm pondering writing a complaint and giving it to the officer's Lieutenant after the hearing. My suspicion is that a guy like that will probably have messed up before, probably enough so that others will have complained, and it would be good to make a recorded addition to it.




Slightly off topic,

Sorry to hear about your loss of work. I'm in the same boat now...the unenjoyment (sarcasm off) thing. Been late on my last two mortgage payments. And I am going to be pissed off if I have to sell my XD


On topic,

I have never done the FOIA thing, but, from what I gather from previous cases on OCDO the FOIA requests are strongly recommended before any filing of complaints.

So yes, I agree, do go with your complaint after the hearing.
 

Michigander

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I'm certainly sorry to hear you're having job issues too Springer. The economic outlook around the country is bad, but it's the worst here.:(
 

Sheldon

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Michigander wrote:
I'm pondering writing a complaint and giving it to the officer's Lieutenant after the hearing. My suspicion is that a guy like that will probably have messed up before, probably enough so that others will have complained, and it would be good to make a recorded addition to it.
You can always file a FOIA on their work records, that usually scares the heck out of them.
 

Michigander

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Sheldon, do you mean request records of everything that cop has been written up for? I am not familiar with the definition of "work records", however I like the sound of it. :celebrate:monkey

In other news, I'm going to go to the court tomorrow or the next day to sit in on some trials and get a better feel for the judge and the way things are run there.
 

Venator

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Michigander wrote:
Well, I've got the PD's clerk working on copying me "all relevent notation and/or evidence regarding my stop", and I've got the court claiming to be scheduling a hearing. It's rather annoying being an out of work construction worker who is eating away at his savings just waiting to move to a place with jobs, but what can I say, he pissed me off.

I'm pondering writing a complaint and giving it to the officer's Lieutenant after the hearing. My suspicion is that a guy like that will probably have messed up before, probably enough so that others will have complained, and it would be good to make a recorded addition to it.

Be sure to get a copy of or view the video if he had one. Also get the 911 transcripts or the audio. The video may help or hurt you but you should at least view it.

An aside, my wife fought a ticket last year and it was a misdemeanor charge, we hired an attorney and still they wouldn't let us have a copy of the video, but we could view it at the DA's office. I think our attorney just wasn't putting on enough heat or was inexperienced in not being able to get a copy of the video.
 

Michigander

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I don't know if he had his cruiser camera going or not, but if he did, it should help my case as much as anything. All it could prove is my point.

I did ask for any and all evidence, and the one good thing about this department is that they have effective paper pushers, so if there is a vid I might get a copy. I'll ask if I don't get one. I don't know about 911 tapes though, I don't think anybody called 911.
 

Michigander

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I just got his notes. My oh my did this cop mess up. There's no video, and he actually admitted in his notes that I was swerving within the lane! And he didn't write much else. Just how there were pedestrians in the area, who again, I figured out were quite safely away.

24.gif


Not a sure thing, it's not like I'm a legal expert, but I sure have my hopes up.
 

Sheldon

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Michigander wrote:
I just got his notes. My oh my did this cop mess up. There's no video, and he actually admitted in his notes that I was swerving within the lane! And he didn't write much else. Just how there were pedestrians in the area, who again, I figured out were quite safely away.

24.gif


Not a sure thing, it's not like I'm a legal expert, but I sure have my hopes up.

Now that you have that go to the prosecutor and have a chat and ask for the ticket to be destroyed.

One caveat though be sure they actually do destroy the ticket.

Long story short I had a similar incident a number of years back, the city prosecutor agreed with me and said the ticket would be destroyed. 30 days later I received a notice in the mail from the city police that if I did not show up immediately and give them $$$$they would issue a warrant for my arrest. Back at the city prosecutors office they remembered me, and the secretary made the call, the police had refused to destroy the ticket and after hearing the Secretary on the phone to them I was glad she was on my side.
 

Michigander

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The prosecutor can do that? I didn't know that.

To make it further complicated, I already have the hearing scheduled. :?
 

Sheldon

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Michigander wrote:
The prosecutor can do that? I didn't know that.

To make it further complicated, I already have the hearing scheduled. :?
yes they can, dependent upon when your hearing is, you still may wish to have a chat with them in their office, they do not like wasting time in court if they can settle and spend their time on more important issues.
 

Michigander

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Well I've been sick the past couple of days with a nasty bit of food poisoning, but I figured today was the day to go down there. I called them earlier this morning to ask when would be a good time to talk to the prosecutor, but the clerk told me that the prosecutor isn't involved in a civil hearing and won't care about my case.:cuss:
 

Sheldon

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Make a appointment anyway, he does have the final say, the clerk is just trying to keep his schedule free.

Oh and that will teach you to eat your own cooking.:)or was it Taco Bell?:p
 

Michigander

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It was salmon. I didn't cook it long enough. :?

Anyway, about the ticket thing, what do I say about to arrange the appointment so I don't get the runaround? I've noticed that courts and police are far more likely to give you what you want and are owed by law when you know the rules.

So prosecutors have final say over everything that goes to court? And judges and magistrates just decide a ruling on what the prosecutors decide is worth a trial, whether or not the prosecutor will be present at the hearing? Do I have that right?
 

Sheldon

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The Prosecutor has the final say as to just what they (the city in your case) are willing to pursue, there is a balance between how much money and time theyare willing tospend going after something as minor as your ticket vs how much they can recover in fines, if it can be settled out of court then he saves court time for more important issues, and the court cost as well.
 

Venator

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Michigander wrote:
It was salmon. I didn't cook it long enough. :?

Anyway, about the ticket thing, what do I say about to arrange the appointment so I don't get the runaround? I've noticed that courts and police are far more likely to give you what you want and are owed by law when you know the rules.

So prosecutors have final say over everything that goes to court? And judges and magistrates just decide a ruling on what the prosecutors decide is worth a trial, whether or not the prosecutor will be present at the hearing? Do I have that right?
Do prosecutors deal with civil infractions? I wouldn't think so. I thought that was handled by magistrates. Find out who the magistrate is and contact them. I doubt the prosecutor will have anything to do with you and your case. Now if it's a misdemeanor than that's different.
 

Michigander

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MUAHAHAHAHAHAHAHAHAAAAAA!!!

I just won my case! The best part was that the guy made things up on the spot, while under oath, that turned out to be clearly impossible! This guy is an idiot. I'm gonna make one nasty complaint and send it to his chief.

The best part was that I had only said "not guilty sir" and the Magistrate went off on the cop about how this wasn't an instance of improper lane use. I still got my opportunity to show my side of why I wasn't guilty, and it was great, seeing the cops face while I spoke, knowing he'd lost.
 
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