Montana Speeding Ticket

[alpenglow]

OK!!! So I'm feeling a little giddy....only because I can't believe what has transpired.

If you'll remember from our last episode, I had my Omni hearing and the Judge granted my motion for discovery. What I have received in the mail since then is a CD containing the radio traffic of the traffic stop. Interestingly, the traffic stop lasted 13 minutes, but the audio is only 5:09 seconds long. Start to finish. And, there is a 47 second period that according to the radio traffic is actually a five minute length of time. Meaning the audio tape was edited for some reason. (Stopped and restarted). There was also no certification listed on the c/d as to who made the copy and where it actually came from...just radio traffic. Probably not a big deal, but it just show how backwards they are.

Then I received an answer to my motion to dismiss. To refresh your memory, I submitted a motion to dismiss based on the fact the complaint was deficient because it lacked the correct speed limit allegedly violated; remember Barney wrote down the wrong speed limit on the cite, 45 MPH instead of 50 MPH.. The C/A's answer to the motion is the "defendant's argument is without merit."

He went on to say the complaint alleges the speed driven and the "speed limit at the relevant location." WHAT???? I can't believe the C/A has not had his "ah-HAAA moment yet!

Remember Barney wrote in his report I was on one highway when actually I was on another. So the C/A probably drove out... or had his assistant do it... to the location mentioned in the report. Looked up at the speed limit sign and saw it was indeed a 45 mph zone. He has not looked at the citation which lists the correct highway and a relatively accurate mile marker.

The C/A in his response states: "At trial, the State will be required to prove both the Defendant's speed and the relevant speed limit. If the State fails to do so, the Defendant should be acquitted."

I am now think the C/A has a mindset that Barney's report is accurate and correct and it has clouded his ability to read the report and compare it with the citation... which will show a glowing error.

I have yet received the rest of my discovery...or the evidence which the State plans to present at trail. I suspect they will submit a copy of the Speed Survey... and which I now believe they will submit the WRONG one... that being the one for the wrong highway. Can it get much better... or is my take on this whole matter skewed?

[alpenglow]

I was very humbled by finding that if you put the time into your defense, you will reap its rewards... The smell of victory is sweet.

So, I go to court for my trial. We have a couple housekeeping details to deal with. The judge reviews my original motion to dismiss and after some debate, some of which he is very much on my side, but the law prevents him from dismissing my case and rules for the State... Sturrrrike ONE!

Then the C/A throws down an amended complaint... which I was expecting, changing the violation to 60 in a 40 MPH zone... discussion followed and the judge ruled for the State....Sturrrrike TWO!

Then, I motion to revisit my discovery request. At my pretrial, the judge ordered the State to provide me with audio recordings, speedometer calibration records and more importantly, the radar maintenance records. The State did give me a copy of the radio traffic for the car stop, but they failed to produce the other documents. I argued the State was thumbing their nose at the judges order and in doing so, violated my sixth amendment rights. The judge asked the C/A where the records were located. Barney, you remember him... he told the court the records were locked in the Sergeant's file cabinet and the Sergeant was on vacation....(For eleven weeks...I gotta get me a job like that!) well... it took about 3 milliseconds for the judge to say..... drum roll please....

CASE DISMISSED... for intentionally failing to comply with the discovery order!

Thanks Brendan!

[BrendanjKeegan]

AWESOME JOB! Yeah, I didn't expect anything but a dismissal... good job! You might even be able to help some of your friends out with Montana Law, and you might even be able to add stuff to our forum for Montana procedure!

Hope to see you on the Forum soon!

Brendan