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re: OT Lawyers- any of you ever heard of this?

Posted on 12/15/15 at 8:51 am to
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 12/15/15 at 8:51 am to
He used the reasonable and prudent statute. We have a similar statute in AL. This means there is likely no radar/laser evidence. Make sure your attorney asks for the trooper's training record. Specifically his radar training. We have to estimate speed within 3 mph consistently every two years. I bet this burden is not met.
Posted by NYNolaguy1
Member since May 2011
21157 posts
Posted on 12/15/15 at 8:57 am to
Thanks.

Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
85495 posts
Posted on 12/15/15 at 9:00 am to
quote:

flood him with motions to dismiss. It's not like he would be able to adequately respond to all of them.
Posted by 19
Flux Capacitor, Fluxing
Member since Nov 2007
33790 posts
Posted on 12/15/15 at 9:08 am to
Reason #398,677
To stay the frick
Out of NY.
Posted by ihometiger
Member since Dec 2013
12475 posts
Posted on 12/15/15 at 9:25 am to
I see a class action lawsuit here
Posted by Boagni Swamp
Right next door to No Face
Member since Oct 2015
912 posts
Posted on 12/15/15 at 9:45 am to
I got a permanent injunction against a State that used a similar system. I pointed out that a single official was the fact witness, the prosecutor, the judge, and the appellate court.

"It is unsurprising that this official agrees with himself when prosecuting these claims. That, however, is not due process."
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14968 posts
Posted on 12/15/15 at 9:56 am to
quote:

waste as much of the troopers time as possible


Exact opposite, he's wasting your time. Trooper probably hates cruising around BFE New York.
Posted by sullivanct19a
Florida
Member since Oct 2015
5239 posts
Posted on 12/15/15 at 10:01 am to
quote:

I pointed out that a single official was the fact witness, the prosecutor, the judge, and the appellate court.

"It is unsurprising that this official agrees with himself when prosecuting these claims. That, however, is not due process."


that's called tyranny. we should call it that more often than dancing around with polite phrases.
Posted by Boagni Swamp
Right next door to No Face
Member since Oct 2015
912 posts
Posted on 12/15/15 at 10:10 am to
quote:

that's called tyranny. we should call it that more often than dancing around with polite phrases.


I wanted to win. I did.

If a polite phrase wins, and a blunter phrase loses, which would you recommend using?
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48517 posts
Posted on 12/15/15 at 10:35 am to
In Louisiana, we have "Mayor's Courts" where the mayor sits in judgment of minor offense with no judge or prosecutor present. They're basically revenue raising bullshite. The AG cracked down on them a few years back because they were only really used to rack up fines from traffic stops. Now, they can only "prosecute" under town ordinances.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 12/15/15 at 10:41 am to
quote:

Now, they can only "prosecute" under town ordinances.


Please tell me there is an appeals process.
Posted by sullivanct19a
Florida
Member since Oct 2015
5239 posts
Posted on 12/15/15 at 10:51 am to
quote:

If a polite phrase wins, and a blunter phrase loses, which would you recommend using?


I'd recommend the idiot that would decide against you for using the blunt but correct phrase be fired.
Posted by Rockbrc
Attic
Member since Nov 2015
8155 posts
Posted on 12/15/15 at 11:12 am to
Similar situation in Ionia, MI for me about 45 years ago. I was afraid to fuss too much because my trunk was full of Stroh's beer and I was underage. I signed the ticket and drove 5 mph under the speed limit for the rest of the summer up there. I agree that it was probably a revenue producer for them.
Posted by NYNolaguy1
Member since May 2011
21157 posts
Posted on 12/15/15 at 11:19 am to
quote:

got a permanent injunction against a State that used a similar system. I pointed out that a single official was the fact witness, the prosecutor, the judge, and the appellate court.

"It is unsurprising that this official agrees with himself when prosecuting these claims. That, however, is not due process."





I would love to do something like this just to give my to the current system. I suspect I would lose just based on how much $$$ the state makes.
Posted by NYNolaguy1
Member since May 2011
21157 posts
Posted on 12/15/15 at 11:21 am to
quote:

Exact opposite, he's wasting your time. Trooper probably hates cruising around BFE New York.



My reasoning is that if he's writing responses to my motions he's not writing BS tickets. I can at least do my part to protect others.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
102203 posts
Posted on 12/15/15 at 11:21 am to
quote:

Have any of you guys ever heard of anything like this?


nope
Posted by Boagni Swamp
Right next door to No Face
Member since Oct 2015
912 posts
Posted on 12/15/15 at 2:21 pm to


AND . . . Don't ever try to make a living practicing law.
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