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  1. #1
    Join Date
    Dec 2010
    Posts
    12

    Default Re: Unfair Court Rulings During Trial de Novo

    This was in El Dorado County.

    Well you guys were right I got the verdict in the mail today. I was found not guilty. The ruling notes my objection and cites People V. Ernest and as such they won't consider the radar reading or the officers testimony of the prima facie speed limit.

    It also states that "there was no testimony that on the date of the citation, weather conditions, traffic, lane width or visibility were issues that made the defendant's speed a danger to the safety of persons or property."

    Why the judge was such a huge dick in the courtroom I have no idea. Although I'm guessing part of it was he didn't want me to question the officer because given my preparation he knew it wasn't going to go well. It feels really good though. I got this ticket back in September and have been fighting it since then.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Unfair Court Rulings During Trial de Novo

    If you wanted to ... you could go back to his court room and ask ... or just go motoring down the road ... congrats on the final verdict....maybe you should call up your legislature to see about changing the law from a civil to a criminal hearing..

  3. #3
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Unfair Court Rulings During Trial de Novo

    Quote Quoting rrborg
    View Post
    This was in El Dorado County.

    Well you guys were right I got the verdict in the mail today. I was found not guilty. The ruling notes my objection and cites People V. Ernest and as such they won't consider the radar reading or the officers testimony of the prima facie speed limit.

    It also states that "there was no testimony that on the date of the citation, weather conditions, traffic, lane width or visibility were issues that made the defendant's speed a danger to the safety of persons or property."

    Why the judge was such a huge dick in the courtroom I have no idea. Although I'm guessing part of it was he didn't want me to question the officer because given my preparation he knew it wasn't going to go well. It feels really good though. I got this ticket back in September and have been fighting it since then.
    Bingo.

    Judges are obviously biased for LEOs and simply seek to protect what they believe is their job: 'find people guilty, protect the system'. Whatever was in the written ruling he knew while you were standing there....

  4. #4
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Unfair Court Rulings During Trial de Novo

    Quote Quoting adam_
    View Post
    Bingo.

    Judges are obviously biased for LEOs and simply seek to protect what they believe is their job: 'find people guilty, protect the system'. Whatever was in the written ruling he knew while you were standing there....
    Score one more point for that hellhole known as El Dorado County... The ruling was just this time around, but imagine how many other bad cases get guilty verdicts because the defendants won't fight tooth and nail every step of the way. That place is a racket.

  5. #5
    Join Date
    Mar 2011
    Posts
    9

    Thumbs up Re: Unfair Court Rulings During Trial de Novo

    Hell ya rrborg!

  6. #6
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Unfair Court Rulings During Trial de Novo

    Quote Quoting HonkingAntelope
    View Post
    Score one more point for that hellhole known as El Dorado County... The ruling was just this time around, but imagine how many other bad cases get guilty verdicts because the defendants won't fight tooth and nail every step of the way. That place is a racket.
    I won a 21461(a) there last year... I'd like to think it was persuasive and cogent TBD, on point and irrefutable.... but prolly the officer cut me a break and never submitted.

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