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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    We have a writ, folks! A deputy LA city attorney was kind enough to respond to my request, and informed the court on 1/23 that they did not intend to oppose issuance of the writ.

    On 1/26, a minute...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    This is quickly becoming a farce. The latest "update": I get a letter from the Superior Court appeals clerk saying:


    ...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    It's too late to file a challenge that would be effective. The trial judge is absolutely crucial to the whole settled statement on appeal process because he is supposed to use his memories, notes,...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Thanks, TMN, I appreciate your response. I have read those cases before. Like most writs though, they deal with matters arising before sentencing (i.e, pre-trial, mid-trial, post-trial). The problem...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Well, it's too early to talk about the final outcome, right? We're still haggling over the record on appeal... :wallbang:

    Unless you mean that the Appellate Division gets tired of the...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    For those still following the certification saga, turns out the judge DID reply by the deadline, but not in a way that will please the appellate court. He was supposed to either do what they strongly...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Thanks for the extensive analysis, David. I only wish you could be as thorough with other posters! :)



    It can be introduced as a business record, but not without testimony from the custodian of...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Latest twist: the judge has gone AWOL. The copy of the writ petition served on him at LA Metro was "returned to sender" on Dec. 30, with the reasons "Not Superior Court Judge" and "Addressee Retired"...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    More or less. I just received my copy of the notice today. They strongly suggest that the judge vacate the certification order and correctly settle the statement, giving me a chance to object to any...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Well well well...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Time for the latest updates in this ongoing saga...

    When I last checked in, the appellate division had kicked the record back to the trial court for an unspecified reason.
    Hoping that was to...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Hahaha, sadly, the judge was even dumber. Remember, he started from the position "Speed traps don't apply inside city limits!" :D



    Hey, happens to the best of us. Maybe I'll play prosecutor on...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    ^^^^ Thanks! I'd read this at some point but the reminder really helps. It's helpful if only to heap more scorn upon the judge's reasoning!

    Has your trauma over your CHP betrayal subsided enough...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    I contacted the Appellate Clerk to find out why they kicked it back, and the lady on the phone (who's looking at the same online status) said she didn't know. Your assumption is correct, I only hope...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Update: On their own, the App. Div. refused to file and kicked the record back to the trial court.



    Hopefully this leads to things being made right. If the incorrect record is filed, then based...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Thanks -- your outsider's perspective helped a lot. I agree entirely. It seems like a lot of time for something that could go either way!



    Fantastic! I think I'll address the "corrections"...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    It wasn't transcribed by a court reporter.



    It's the "inaccuracies" comment which bothers me; it could be a problem if the App. Div. gives any weight to that and consequently gives less weight...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Apparently my proposed statement was certified by the pro tem judge within a (world?) record 4 days of being received by the court, incorporated into the clerk's transcript, and transmitted to the...
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    Updated home page with proposed Statement on Appeal, including the form (CR-143), cleaned-up transcript and most importantly, grounds for appeal.
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    Appeals: Re: "Speed Trap" Appeals Under VC 22350

    I think the lesson is to NEVER stipulate to a pro-tem judge unless you've seen him/her before and believe that he/she will be fair...the regular (i.e., elected) judge in LA Metro trials is...
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    Appeals: "Speed Trap" Appeals Under VC 22350

    My question involves traffic court in the State of: California

    (For reference: here's the base page from which all documents are/will be available)



    I recently lost a VC 22350 (basic speed...
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