great thanks jk carl cd for your replies and info. I'll see how much time I have, ideally I would want to fight it if I can. If not at least for the education.
great thanks jk carl cd for your replies and info. I'll see how much time I have, ideally I would want to fight it if I can. If not at least for the education.
Do you even HAVE a defense? Or are you simply crossing your fingers that the officer fails to show up?
- Carl
I have to prepare for my case. I will first see what evidence they have. I can't prepare a defense without full disclosure of the state's evidences right?
What do you mean "what evidedence they have"?
They have the ticketing officer stating he observed the child unrestrained in your car and gave you a ticket for it.
That's it. That's all the evidence the have and all the evidence they need to convict you.
Now, you know what evidence they have. What is your defense to that?
I think I would stick to crossing your fingers. That is better than where you seem to be heading, which is nowhere.
Be prepared to pay the $100 fine and add 3 points to your license.
well i fought a speeding ticket. it was the same thing, the trooper's words against mine. the trooper failed to identify a number of key elements at the trial. case dismissed. that took a lot of time and preparation tho. it's amazing how much effort it takes to do anything through the legal system.
Speeding has a number of other things involved in it ... here you have observation and age - that's about it. As long as there is good cause for the stop, if the officer observes the improperly restrained child then it's a good tag. Your only defenses would be that the stop was unlawful, or that the child was NOT improperly restrained (in other words he was either over 6 years old or he was in an appropriate supplemental restraint device).
When you make a request for discovery, don't be surprised if you get the face of the ticket you already have and, maybe, a note on the back that says something like, "5-year-old in back not in child restraint."
This is not a rocket science issue, and you do not have a whole lot of avenues to pursue. But, knock yourself out. I'd probably pay the ticket if it were me. Taking a day off of work would cost me more than paying the violation. But, it's not a point on your driving record out here.
- Carl
And beating it is a very, very long shot.
- Carl