So you got a traffic ticket. Know one way to get it dismissed?

[Xicano]

Disclaimer: I am not an attorney and this is not legal advice. This post is only for entertainment purposes.

So you got yourself a ticket and would like to have it dismissed. Ok, what we're going to do in this option is prove conflict of interest therefore a fair trial is impossible. Before you say anything else to the judge ask him these three questions.

1. Ask: "Am I entitled to a fair trial?" Of course the answer will have to be yes, thus, locking the judge into this standard of law which of course we all expect.
   
   
2. Ask: "Can I get a fair trial if there's a conflict of interest?" The answer in this case will have to be no because its common knowledge that if there's a conflict of interest there's a built in interest/incentive to rule against you.
   
   
3. Ask: "Who do you represent here?" Now this question will almost certainly aggravate the judge because at that point they'll know (if they already don't) that you have them cornered because this is the same thing as asking them who are they acting on behalf of.
   
   Most, if not all, judges will HATE to answer this question and there's a very good chance they will refuse to answer. The reason is because this question will expose their conflict of interest over your getting a fair trial. The reason of course is because they are acting on behalf of the state who's also the pretended plaintiff in the case against you. Its no different than somebody suing you and acting as the judge at the same time.

Now here in California, like probably in all states I would assume, a judge is bound by law to disclose all information which may be relevant to the question of disqualification. Here's the California law on page 17 of this document titles "California Code of Judicial Ethics."

Disqualifacation

(3)(E)(2) In all trial court proceedings, a judge shall disclose on the record information that is reasonably relevant to the question of disqualification under Code of Civil Procedure section 170.1, even if the judge believes there is no actual basis for disqualification.

(Canon 3E(2) amended effective January 1, 2008.)


http://www.courtinfo.ca.gov/courts/supreme/documents/ca_code_judicial_ethics.pdf

[Zoeisright]

1. Don't break the law in the first place?

n/t

[The Straight Story]

2. Does it apply to murder as well? (nt)

[Myrina]

3. Its my non-lawyerly understanding also that ...

.... if you ask for a trial, and the citing officer doesn't appear to testify, you have a pretty good chance of getting it thrown out.
So if your trial date happens to be on a day when an officer is on duty or otherwise unable to attend, then ... bonus for you.


There was a huge debacle in Central IN a few years back that uncovered a ring of corrupt cops (oh surprise?) who would take $100+/- cash from presumed-offenders to 'be busy' the day of the trial, thus causing the tickets to be tossed. $100 vs. a few hundred and points on your driving record ... pretty good scam they had going.

[paulsby]

12. OP referred to "traffic ticket" but leaves out critical info

was this ticket a CIVIL infraction or a traffic CRIME?

in most jurisdictions, the former are offenses like speeding, etc.

since they are a CIVIL infraction, no jeapordy attaches, there is no right to a trial by jury, etc. it's a civil hearing, hearsay is admissible, etc.

in a civil infraction, the finder of fact, as well as the finder of law is the judge.

in a criminal trial, the finder of fact is the jury. assuming it's not a bench trial.

[FormerDittoHead]

4. MY best suggestion: FORGET ALL OF THIS.

If *THIS* is your *BEST* SHOT - PAY THE FINE, because the only place to go from here is DOWN...

I REALLY don't think the best way to start is by pissing the JUDGE off, and that's EXACTLY what this BS is going to do.

[AllentownJake]

5. The State is the plaintiff in all criminal offenses

Whether it be murder or speeding. Since speeding is a minor offense I don't think you are entitled to trial by jury.

[Xicano]

6. A criminal trial is set up differently.

A prosecutor is acting on behalf of the state and a jury of peers is deciding whether the standard of guilt has been met.

[AllentownJake]

8. Better have a good lawyer

Telling a judge they are not impartial is a sure fire way to piss them off.

I prefer my technique of actually showing up for court. The two times I've shown up one of the times the officer didn't so the ticket was dismissed.

[The Straight Story]

9. My first X and I got a ticket in New Rome, Ohio - a speed trap

Called my Attorney and he told us to have her go to the kangaroo court there and request a jury trial in Franklin County/Columbus where we technically lived.

The case was dropped. New Rome some years later got brought down pretty hard over their speed traps, lies, rigged radar guns, etc.

Back then we were able to request a jury trial for a speeding ticket.

[WillowTree]

7. By that ridiculous line of reasoning...

....no judge would ever be able to preside over any legal proceding.

Better suggestion(s):

1) Obey the traffic laws in the first place.

2) If you screw up, pay the damned fine that you owe and shut up about it like an adult.

[Xicano]

11. Can I ask you this? Are you aware of who Dun & Bradstreet are?

Dun & Bradstreet tout themselves as the world's leading source of commercial information and insight on businesses, enabling companies to decide with confidence for over 160 years. Dun & Bradstreet also advertises that its global commercial database contains more than 130,000,000 business records providing their customers with quality business information. Citing this quality information is the foundation of their global solutions their customers rely on to make critical business decisions.

What does this have to do with "2) If you screw up, pay the damned fine that you owe and shut up about it like an adult?"

Well, these links to Dun & Bradstreet show that the LAPD are traded as a business. All police departments in the western world are traded as businesses and are ran for profit. Is a profit motive behind the number of traffic citations? Review the proof that they are traded as businesses below and you tell me. The information below doesn't pass the smell test to me. That's all I am saying.

Here you go, check it out:


https://smallbusiness.dnb.com/ePlatform/servlet/ProductSelection?dunsNumber=0&busName=LOS%20ANGELES%2C%20COUNTY%20OF&storeId=10001&catalogId=&productId=0&address=2101%20N%20HIGHLAND%20AVE%20STE%20D&city=LOS%20ANGELES&state=CA&zip=900682661&country=US

https://smallbusiness.dnb.com/ePlatform/servlet/IballValidationCmd?storeId=10001&catalogid=70001&searchType=BSF&productId=0&manPartNumber=&busName=los%20angeles%20police%20department&city=&state=CA&country=US&IPAddress=68.4.43.41&encryptedSignature=09b43d440e960ad9894feddf81379fbd34ad052336ea55e3fef532dd15df47804e2e9a508b6e10842839c40409e24f9a319226a660212317e0283190ebfc10d3fbf9617a665d9d84d934d8f72c937a5bd3154f1383d29e29a29666b834c32ed14f076264244c24e7ac71fa0a3298c52fb561ca5b6a72a4daa9402f569c338650

[Xicano]

13. I almost forgot to add: My driving record is clean. No tickets, no accidents.

I can't remember when I had a ticket. I don't drive irresponsibly.


Peace,
Xicano

[handmade34]

10. I used to get lots of tickets

(I've since mended my errant ways)... I would always contest them and if the officer didn't show, it was dismissed. If he did show I would ask for a reduction in the fine (often got it). I did take responsibility if I was speeding, but always did what I was able to do to cut the fine and then paid what I had to.

[npk]

14. In most states this is not a wise decision

Because in most states when you plead guilty or pay your fine for a traffic related offense it gets adjudicated to a city ordinance, where the city, not the state, sets the fine and/or jail time. However, if you request that the case be bound over for trial, it goes to state court, where it will only be adjudicated as a misdemeanor, and the fines are usually much greater and you could at the sole discretion of judge get jail time, plus a fine. Not likely to get jail time, but you could if the judge so desired.

[Fire_Medic_Dave]

15. What happened when you tried this?

[Xicano]

16. See post #13

Peace,

:hi:

[Fire_Medic_Dave]

17. So you never tried this idiotic suggestion? You just thought you'd pass it along.

[Xicano]

18. Did you read the disclaimer?

And thanks for the inflammatory remark. I appreciate it.

n/t

[Fire_Medic_Dave]

19. Keeping it lively. You're welcome.

[no_hypocrisy]

20. "(The judges) are acting on behalf of the state".

Not directly. Even though a judge takes his/her payroll from taxes, s/he acts on behalf of impartial justice, to supervise procedure and fairness, not siding with the prosecution which is undisguisably acting on behalf of the State.

[JackRiddler]

21. (Why is this in S11 Forum?) So, what are the results of this strategy for those who tried it?

[JackRiddler]

22. (My mistake - apparently it isn't in S11. Sorry!)