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  1. #1
    Join Date
    Dec 2010
    Posts
    12

    Default Unfair Court Rulings During Trial de Novo

    My question involves traffic court in the State of: California

    Just got back from my Trial de Novo. I was cited for 22350.

    I objected to the officer testifying as hearsay before I could even say why the judge denied it (the officer submitted a document in my TBWD, under oath, saying he wasn't present when the alleged offense was committed).

    Officer testified to the mere existence of a traffic survey. I objected and asked for it to be produced in court and that the officer could not testify to it's existence unless he had participated in the survey. Judge said he didn't know about that and would look into it. Actual survey or a certified copy were never produced in court.

    I objected that the survey did not appropriately justify the posted speed limit and was an illegal speed trap. Judge said that the survey existing and being conducted in the proper timeframe was enough.

    Went to question officer and was interrupted halfway through my first question and asked how much longer I was going to be. The judge then said that if it was shown I had gone over the posted speed limit it didn't matter. I said 22350 has nothing to do with the posted speed limit and he said it didn't matter and he could amend the charges if he wanted. I then submitted my brief on how the survey didn't justify the limit and rested my case (I didn't want the charges to be amended). It was also clear that my questions I had prepared for the officer were not going to matter.

    It's one thing to have a judge rule against you but I didn't even get a chance to present my case. Totally ridiculous. This judge makes $180,000 a year and couldn't even give me 5 minutes to lay out my case.

    The ruling will be mailed to me but I'm guessing I will be found guilty. I doubt they will even read my brief but at least it's on file for the court. I guess my next step is a notice of appeal. What kind of court system is this?\

    EDIT:I almost forgot. The bailiff gave the CHP officers copies of their TBWD statements before the trial began. Nice impartiality.

  2. #2
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Unfair Court Rulings During Trial de Novo

    Did you record the trial (or did they have a reporter)?

  3. #3
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Unfair Court Rulings During Trial de Novo

    Which county and the court was it? Also, did you get the name of the judge/commissioner?

    Make sure you timely file a notice of appeal and get to work on your proposed statement (unless a reporter was present)

  4. #4
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Unfair Court Rulings During Trial de Novo

    Wait, he did not rule in public?

    Lets see what he rules, I had one guy who was a total prick, biased, openly derisive of the defendants, stating his agreement with the officre and doubts about anything else...but once a good case was presented he would take it under advisment and skulk back to his hole to see if he could somehow rule against you...failing that he would dismiss. But he hated to do that in public. Took the AH 5 weeks to rule too.

    Placer county, FYI.

    Not to get your hopes up, but let us know.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Unfair Court Rulings During Trial de Novo

    Do make sure you make note of the judge's name and the specific court that you were in. This will be needed in your appeal. You are 100% correct that the judge was 100% wrong. I think adam's guess will be accurate... the judge simply didn't want to rule in your favor in open court.

  6. #6
    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.

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