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Federal Magistrate Citations Wrongfully Issued

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  • 05-25-2010, 12:54 AM
    saberback
    Federal Magistrate Citations Wrongfully Issued
    My question involves a speeding ticket on military reservation in Michigan. An attempt to defend against a US court ticket issued by the 127th Wing Security Force on Selfridge ANG Base, MI. resulted in a freedom of information act request which revealed that this agency had intentionally violated 31 USC (traffic control on military reservation) and AF military regulation. Records confirmed that at least 6 years of " pacing" tickets were issued for speed violations when the agency knew its vehicles were unable to display an accurate speed and no certification tests had ever been performed on these vehicles. None were police packaged vehicles.
    This unit issued military citations to active duty personnel in the same manner.
    For six to nine years nobody fought the citations. All either paid the citations ( Michigan points ) or entered a court plea of quilty which avoided higher fine and traffic points. The law enforcement people were not present in court and a hearing would require a second date in front of the US Magistrate.
    The investigation requests and evidence of these wrongful acts were sent to the Chief Judge of the 133 US Court and the US Attorney Office. There was a military investigation which revealed a second confirmation of the above allegations.
    US attorney answered with "each defendent pled quilty" so there is no real problem, thought corrections were made in procedure by hight base authority.
    In short, what should have been done to make defendents "whole" as far as License points .
    Second thought is about "legal stop" and uncovered evidence of criminal activity based upon a stop which the officer knew was improper. None of these situations will ever be addressed as the pubic or representing attorneys know of the situation. Nobody wants to publicly talk about the nine year situation. The news papers aren.t interested.
    I feel badly for the large number of people wrongly cited, had points received on their license, or perhaps had police reports generated from a lie citing paced speed as the reason for a "lawful stop".
    What could have been done for this situation??????
  • 05-25-2010, 03:31 PM
    BrendanjKeegan
    Re: Federal Magistrate Citations Wrongfully Issued
    I don't completely understand what's going on here.

    However, are you sure that points were assigned to each individuals licenses? Because it could be possible that the DMV didn't know what to do about the tickets and just didn't care to enter them on the DMV record. But that's just a thought.

    Overall, if you feel you were incorrectly cited, you need to contest the ticket. If you pay the fine, you plead guilty and that's the end of the story. So there's nothing you can do right now, but in the future, you can fight the ticket based on the fact that the incorrect statute was cited. (If I'm reading this correctly)

    Brendan
  • 05-25-2010, 09:13 PM
    blewis
    Re: Federal Magistrate Citations Wrongfully Issued
    Quote:

    Quoting saberback
    View Post
    For six to nine years nobody fought the citations. All either paid the citations ( Michigan points ) or entered a court plea of quilty which avoided higher fine and traffic points.


    Hahaha. And if you believe that line of BS, I've got some REALLY nice beach front property in FL that I'd like to sell you. Actually, I can't even imagine six to nine DAYS....

    Barry
  • 05-27-2010, 02:28 AM
    saberback
    Re: Federal Magistrate Citations Wrongfully Issued
    I was not the person given a citation. At one time (in the late "80s" ) I was a civilian police supervisor on the same installation that we speak about here. I served as a liason between the Department and the 133 US Court. I left law enforcement and took another job with the DOD on the same installation. Upon 9/11 the civilian police officers were replaced with Air National Guard Security Forces.
    My entrance into this whole mess was the result of a citation given to a friend. He wished to fight the citation. I knew that the military replacement for civilian LE officers had not bothered to follow any of the law enforcement standards. They did not certify their equipment nor train their personnel.
    I tried to advise the LE organization that they were in vioation of both Michigan, Military , and USC. In short I became a Federal/State of Michigan whistleblower when my employer started to take action against me. I spoke with two US Attorney's on the day of the Magistrate hearing. They were very skeptical and were going to reschedule the hearing anyway as the LE representative was not present. The plea bargain was offered to my friend who took it rather than appear in court again, drive the 40 miles again, and take more vacation days off work. The sweetheart deal included a vastly lowered fine and no points on his license. The citation was for 7 miles over the limit.
    The 127th Wing Security Forces were writing up to 300 tickets a year and continued to do so even after the initial complaint.
    A FOIA request provided documentation to support the complaint. It could only obtain the last six years records. More troubling was the idea that people had be prosecuted for others offences as a result to these "legal stops" based upon paced speed violations. Some cases were federal or state or US Military adjucation.
    For some doubters, I am willing to email or Post the FOIA doucments that support my story.
    But my question is---- what should have been proper porcedure by the court or the US Attorney?

    I incorrectly mentioned 31 USC and it should have be 31 CFR.
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