Lost Trial in New Jersey Traffic Court

[plex]

flyingron, I believe I stated that some states adopt it verbatim, while others add on to it. If a state adds on to it or doesn't have one at all, it still has to conform to the MUTCD. Just like the Constitution is a federal document and it overrides any conflicting law a state might try to enforce. The Federal MUTCD will override any law concerning traffic control devices that conflict with it. Thats why I say it applies to all 50 states. If you know of any state law that defies the Federal MUTCD, please share. That would be some very interesting information!

jk, its easy to point out the shoulda's after a trial is over. Going into the trial, there were two likely possibilities...prove the legal speed limit, which runs the very likely risk of getting the charge amended and therefore convicted. Then I would probably appeal on fruit of the poisonous tree doctrine.

The other choice being what would happen if I don't prove the speed limit. With that I would also be appealing on different grounds.

So, it seems one needs to choose their poison. I'm sure different opinions will choose either one for good reasons.

Ultimately, thanks for the different perspective, it was helpful. Its been 12 years since I had to go to traffic court, and a California one at that! This trial did provide me with some good experience and hopefully I won't need to use it. Wish me luck on the appeal!

[jk]

let us know what happens.

[flyingron]

Sorry PLEX but you are STILL wrong even after adding your weasel words. The MUTCD *IS* not "just like the Constitution." The MUTCD is not even a Federal *LAW*. It's merely federal standard which has validity in any state only as THEY CHOOSE TO MAKE IT BY THEIR OWN LAW. There's substantial federal funding pressure for the states to conform to it, but to assert it has the power of the Constitution, enacted Federal law, or even made federal regulation is just incorrect.

Arguing that the state's failure to comply for MUTCD is exculpatory may or may not fly even when the state says adopts MUTCD as a standard.

[BillyBob12]

Sorry plex. MUTCD does *NOT* apply to all 50 states. While it is a federal standard, each state is free to adopt it or not.
However, New Jersey did adopt it, but you'd have to do some legal research to find the enabling statute to see if there are any reservations on that adoption.

Unless you are a brother( a MASON) and have the correct codes, hand shakes, etc. coins, movements, etc. words etc. then you are a loser. Only those work together for freedom from laws that extort their dues and gain the wealth. The cop is Mason, the prosecutor is a Mason, the judge is a Mason, your lawyer is a Mason. Now, if you have a right mind then who in the hell is going to be a winner? MASONS ARE A BROTHERHOOD OF MEN THAT HAS FREEDOM THAT ORDINARY MEN DO NOT HAVE. They are seldom subject to any laws and if they are in superb standing and make a mistake then they are required to set aside from public view or maybe another excuse showing a make over for their crime. MASONS RUN THE WHOLE WORLD DOWN TO THE LOCALITIES. Just forget trying to beat a system that extorts money from you as a group such as the United States of America. Hell, the Masons were responsible for the "Trail of Tears." If you disagree see what happened in the same are prior to their death march--- a MASONIC BUILDING WAS CONSECRATED WHERE IT ALL STARTED. My brother the Mason.