Triumph Rat Motorcycle Forums banner

1 - 20 of 31 Posts

·
Registered
Joined
·
458 Posts
Discussion Starter #1
Okay guys,

Look at my old post regarding my ticket that I received.

I saw the judge yesterday.
It was dismissed and I got off.

The reason is that I wrote a discovery request ( subpoena ) to the DA and the CHP for the laser and officer certs. My request was never fullfilled. I requested a dismissal based on the fact I was denied and could not defend myself and there was insufficient evidence given to the defendant ( me ). Under government code, the procecuting attorney is responsible to provide discovery info to the attorney an/or defendant.

I will be receiving a statement from the court soon and I'll post it along with my discovery request. To make a long story short, they did not want to waste time to get me all the information which I was legally entitled.
So---case dismissed! Next!
 

·
Registered
Joined
·
458 Posts
Discussion Starter #3
Ya...hehe. I feel like Perry Mason.

I will post my disovery request template as a PDF along with my dimissal letter when I receive it. All you have to do is change the names and send everything certified. If they don't give it up, then it's violates due process and it WILL be dismissed.

For reference:

Go to this webite and download these three documents:
1) Cover Letter
2) Discovery request
3) proof of mail

http://www.helpigotaticket.com/proc/discover.html

---If you lose in court, you will win on appeal UNLESS they comply and give it up. If they do, you are screwed. The DA mailed me a ltter and told me to write the CHP. I did with no response.

So, I saved $400 and a ton of insurance money.
It took me 3 hours total plus court time
 

·
Registered
Joined
·
458 Posts
Discussion Starter #4
Let me clarify my last post above:

They need to give it up BEFORE the actual court date and allow you time to prepare for trial. If they don't do that and you lose, you can appeal and win with an appeal letter.

I had buddy win that way too.

We've all received chicken crap tickets right? We'll, just use the law and play the game. That's it. We're playing by their rules. I love it.
The cardinal rule is be organized, polite and NEVER lose your temper.
 

·
Registered
Joined
·
2,561 Posts
Nice win!

I beat a ticket once in Florida -I had my trial delayed for about a year-the cop forgot what he did and I caught him in a lie on the stand-immediate dismissal! BUT, later on I got another ticket and they hammered me! They must have a special file for people who beat the free money game of C.S. tickets. But I did win one!!!

Congratulatons-if everybody fought back the crap would slow and maybe stop!!
 

·
Registered
Joined
·
361 Posts
Wow SkygodMatt.
Glad you fought it. We all thought you were crazy.

So when you got your ticket, you went to the court date specified, pleaded not guilty and requested a trial? or did you request the discovery at the same time you pleaded not guilty?

What if the cop shows up to your court date? can you still request discovery? I'm confused with your timeline of events.
 

·
Registered
Joined
·
1,002 Posts
got off?

What if you had an accident at that speed, and hit someone else, killed them..?

still think you got off?
 

·
Registered
Joined
·
361 Posts
What if you had an accident at that speed, and hit someone else, killed them..?

still think you got off?
65mph zones are interstates man. 95mph can be done safely...per circumstances. but I totally agree with keeping it on the track.
I believe that a big reason speed limits arent higher is because of the greatly decreasing gas mileage at those speeds...millions of people, truckers especially, traveling cross country every day with ****ty mileage would be bad.
 

·
Registered
Joined
·
436 Posts
What if you had an accident at that speed, and hit someone else, killed them..?

still think you got off?
If he hit and killed someone there would've been many other charges and he would've been in alot more trouble.

The ticket was for speeding, nothing else.
 

·
Registered
Joined
·
440 Posts
Glad to hear you beat the charges!

Like I always say, you gotta work the system. They do - so you should too!
 

·
Registered
Joined
·
171 Posts
matt, that's a great site, wish we had one for Wisconsin.

And anybody bitching about "you shouldn't go over the speed limit" crap, give me a break. Where did you buy your govenor for your bike so it'll only go 65 mph. Don't even try to sell me some sh1t that you only speed on the track and you never would go 95 on the street. Bull sh1t if thats true you don't own a speed triple Because I know it only takes a couple seconds to do it on mine. and by the way Matt never said he was maintaining 95, he never even said that he did it. In fact he was proven not guilty so he never did it to begin with. Do you have proof otherwise??? Didn't think so.

:angrysoapbox:
sorry, Way to go Matt well done.
 

·
Registered
Joined
·
458 Posts
Discussion Starter #13
Thanks. I can't find the website where I got the discovery request and cover letter template. It was nice. All I had to do was fill in the names and mail it certified. I'll try to find the link and post it.

In the meantime, Here is a link to the vehicle codes. The court has the burden of proof so your chances are good. I laughed at the other defendants in the court who just said they didn't do it without a defense or any documentation. That's ridiculous.

In my case, :
The officer parked next to my Speed Triple and we walked into the court together talking about motorcycles. After this was over, we walked out together and resumed our discussion about Triumph motorcycles. Nice guy. In court, he gave his statement and then I stated everything he said sounded true but I wanted proof of my cited speed of which I was unsure. I had no records of the radar calibrations and officer certs which I had requested by certified mail on October 17th way before the court date. The judge proceeded to try the case even though I requested a dismissal due to lack of discovery fulfillment. She ( judge) then adjourned to chambers and came back and gave a decision of dismissal.

Traffic court is like remedial court. It was so casual. All the other defendants waiting for their cases looked like bums. They we dressed in shorts and a tee shirt. I was in a shirt and tie. When I got my dismissal, the rest of the defendants in court including the lawyers on the sidelines where chuckling about. It was that moment that I had great satisfaction and I realized I was actually having fun.

If I would have worked at my job the same amount of time it took me to prepare and go to court and wait, my pay would have been the same as the bail amount. So this was all just a learning experience.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22348-22366
 

·
Registered
Joined
·
458 Posts
Discussion Starter #14
....one last note:

I was not unsafe by speeding. There was a pack of cars tailgating me at 80-85 mph and that is why I ramped up my speed. In front of me was wide open freeway with no vehicles around. I would not put other people at risk from my speeding. In short, my speeding was actually a safe action given my circumstances.

In my statement--I cited VC22350 which states "no persons may drive a vehicle in no event at a speed. which endangers the safety of persons or property." Well, tailgating a motorcycle at 80mph was an unsafe speed so I had to increase my speed temporarily.
 

·
Registered
Joined
·
458 Posts
Discussion Starter #16
Exactly Diego,

Nothing WAS "proven". Since the defendant is innocent until proven guilty, I got off--- Burden of proof is always on the prosecutor.
 

·
Premium Member
Joined
·
4,788 Posts
Since the defendant is innocent until proven guilty, I got off--- Burden of proof is always on the prosecutor.
As, indeed, it is supposed to be. If they don't play by the rules, they don't get the chance to prove you weren't playing by the rules either... even if you were flagrantly breaking them.

Not a perfect system, but I expect it's the best we'll ever be able to do as human beings and still maintain any sense of freedom at all.
 

·
Registered
Joined
·
3,144 Posts
Where did my reply go congratulating Skygodmatt for beating the ticket?? Was it removed because I called the S3 a Pig? Well, it is, in an endearing way. What's with the censorship?:mad:
 

·
Registered
Joined
·
848 Posts
Where did my reply go congratulating Skygodmatt for beating the ticket?? Was it removed because I called the S3 a Pig? Well, it is, in an endearing way. What's with the censorship?:mad:
Maybe one of the mods is a plg. :D
 

·
Registered
Joined
·
458 Posts
Discussion Starter #20
Okay....tonight I got ANOTHER ticket for 85 in a 65 this time.

So that makes this ticket DISMISSED and this new one tonight I am going to fight and get another dismissal.

Both tickets were from The California Highway Patrol.
This state is so dam broke they are citing everybody.
Sheesh...not a car for miles and they have to be this nit picky.
He even gave me crap for having my ipod in my helmet but didn't cite me for that.
 
1 - 20 of 31 Posts
Top