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  1. #11
    Join Date
    Feb 2010
    Posts
    1,284

    Default Re: Speeding Ticket in Marion County Florida

    My FOIPA Request is at that link.

    I also use a Uniform Cross Examination Checklist, should the ticket be scheduled for a trial. For short, just UCE- normally bound on the left hand side of the case file. The UCE for Excessive Speed can be found here.

    You'll find the procedure at a hearing is relatively informal. A judge will normally hold a conference with you and the officer which will make it seem more like arbitration. As long as you show up in proper attire and look prepared for court, city officers will normally dismiss the citation before letting it go any further. FHP is a bit different.

    The judge will hear from the officer and then will let you give testimony. Your response should be "Your honor, if I may question the witness?" You'll then go into ask questions from the UCE. Every time one is answered incorrectly, move to dismiss. Object to the officer reading from his notes. Most judges will allow them to, but it will fluster the officer a bit - you'd be surprised.

    If on the off chance the officer has all the required documents, then you can make one more motion to dismiss based upon the rule of best evidence.

    How the court handles your case may be different. But this is how I have seen these traffic hearings conducted more often than not.
    "A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost

  2. #12
    Join Date
    Mar 2012
    Posts
    18

    Default Re: Speeding Ticket in Marion County Florida

    Very cool!

    I've come up with a document very similar to the UCE you supplied, but I will definitely look them both (the one I created and the one you just supplied) and try and get one good one together!

    As far as what you said about "...motion to dismiss based upon the rule of best evidence" what exactly is that? What does that refer to or have to do with?

    Thank you again for your response and the files you've provided for me!

  3. #13
    Join Date
    Mar 2012
    Posts
    18

    Default Re: Speeding Ticket in Marion County Florida

    UPDATE!

    I got several requested documents from FHP.

    Brief overview of what I've gathered:
    1) calibration logs match - it was calibrated before and after the shift on the date of the citation
    2) I got a certification for a different trooper than the trooper I requested it for and that cited me (xxxxx A xxxxx vs xxxxx H xxxxx, same first and last name, different middle name)
    3) the notes given by the trooper on the citation are false. he said he saw me in the left passing lane (assuming that's the far left of a 3 lane highway) which I wasn't, I was in the center lane. he also said that the roads were wet from rain which it hadn't rained all day or days prior.

    I can send scans to anyone willing to help me further if necessary of the documents I've received. Do any of those discrepancies (esp. #3) matter at all for my case? It was dark outside and I think he clocked the vehicle passing me and not me as he even stated in his notes that he got the vehicle in the "left passing lane" when I was in the center lane the entire time before and after approaching and passing him.

    Thanks

  4. #14
    Join Date
    Mar 2012
    Posts
    18

    Default Re: Speeding Ticket in Marion County Florida

    Bump. Bump.

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