Asked for a New Trial -- Paid Fine

[JasonV]

Hello and thank you for reading as I now believe I am in quite a pickle.

Back-story: On October 22nd, I was pulled over and cited for No License and Speeding 15MPH more than posted. I requested to go trial and on February I attended. I was found to be not guilty and guilty respectively.

I mentioned that I had Requested for Discovery and was ignored by the State, the hearing officer said that because it was a civil infraction the State wouldn't respond. I mentioned Rule 6.445 but I was ignored.

RULE 6.445. DISCOVERY: INFRACTIONS
ONLY
If an electronic or mechanical speed measuring device is used by the citing officer, the type of device and the manufacturer's serial number must be included in the body of the citation. If any relevant supporting
documentation regarding such device is in the officer's possession at the time of trial, the defendant or defendant's attorney shall be entitled to review that documentation immediately before that trial.

Committee Notes
2009 Amendment. This amendment is based on the fact that currently to the committee's knowledge there are 5 different measuring devices or types: Radar, Laser, Pace Car, Vascar, and airplane with stopwatch. It is believed that identifying the type of measuring device is not unduly burdensome to the state and it is necessary in the preparation of a defense. Withholding this information until the time of trial unduly prejudices the defense. This amendment is also forward-looking in that as new measuring devices appear, they can be efftively used as long as they are disclosed.

Where I'm At: Several weeks ago I sent in a Motion for Relief asking for a new trial in order to defend myself again (I was not speeding and the officer did not pace me like stated on the ticket). Anyways, a few days after I sent it in the following was placed on their website.

Due to budgetary constraints, there is currently a delay in entering and displaying traffic citation information. If you cannot find your case in our system, please check back daily. We apologize for this inconvenience, and we appreciate your patience as we work hard to provide you with the best possible service during these difficult times.

In order not to have my license suspended I paid the fine on Friday but when I checked the dockets today it showed that the case was closed but I also have a new hearing set.

So the question is, what now?

 

[DrChaunceagon]

just bend over

there is nothing you can do when it comes to the justice system or the police, unless you have alot of time and money for laywers. So its a huge waste of time, but hopefully someone will give better advice...my experience says grab your ankles, and maybe youll make it through

 

[army judge]

When it comes to MOST traffic citations (and if you have a good driving record), you're better off by completing an online traffic school. In most states, it is usually cheaper. You spend a little time online reviewing things you know, and >>>POOF<<<, the whole thing goes away! Another added benefit is that you notify your insurance company of completing the school, and your insurance rates get discounted an additional 10-20%!!!

 

[Lotusflower]

If you tried to appeal or are appealing can you make a request for traffic school.

The judge said if I appealed I waived my right to appeal. I have noticed there is a form that you can fill out requesting traffic court. I am having to pay my ticket even though I am in the process of appealing and the points are probably going to go on my record while I am in the middle of appealing.

I take it from this post that I probably have no chance on my appeal.
I'd love an opportunity to do traffic school if it was really available.

 

[JasonV]

To Clarify: I was found guilty -- Pay a fine and traffic school with no points assessed. However I appealed it in order to plead my case once again. However I already paid the fine and the case has been closed even when I have a new hearing date set.

 

[Lotusflower]

I didn't know you could take traffic school and pay the fine and then appeal. I would have done that for sure.

Now that I am appealing and may possibly loose I wonder if I can still get the option to do traffic school?

 

[Lotusflower]

I am not a legal adviser I am just in the same sort of boat but a little bit in reverse.


Your post tells me I probably have little chance of winning. It looks like the courts have their own set of rules that they have to follow.

My oh my the courts have gotten quite wicked.

 

[army judge]

You lost the privilege (that's what they call it) to go to traffic school when you went to trial.

Your only recourse now is to appeal.

Appellants have their verdicts reversed less than 1% of the time.

You can attend traffic school for most citations in most states.


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