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  1. #2
    Join Date
    Sep 2005
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    Default Re: Speeding Ticket Trial: Commissioner vs Judge Recordings

    Quote Quoting weedkill3
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    1. On the date of the trial, I know the bailiff will have us sign a sheet that allows a commissioner to hear our case. My concern is that with a commissioner the trial won’t be transcribed. Just in case I want to appeal and I can reference the dialogue. If it’s with a real judge, there will be a transcription.
    While this might vary by county, where I am familiar, it makes no difference whether you have a commissioner or a judge - traffic court proceedings are not generally recorded. You can always call the Clerk's office in your county and ask.

    If I don’t sign the sheet, and a judge is not available that day and they have to reschedule, does this hurt my speedy 45 day trial rights…since I’m the one who wants a judge?
    That's your option, but, you would be the one requesting the continuance and thus waiving time. How MUCH time, I don't know. Others that post here probably do.

    For example, let’s say I do get a judge 10 days later, but the officer doesn’t show up. Usually from what I’ve read the judge will likely dismiss the case. But since I already delayed my case on my own to get it in front of a judge, will the judge postpone the case again till the officer can make it.
    That's a gamble you may choose. If you don't see the officer and then hope for a dismissal, but he appears in the back of the room when you did not expect it,. then your gamble might not pay off.

    2. If the judge availability is too far out, can I request any another court house?
    A change of venue? That can be done at the time of the citation, but only to the county seat. Otherwise, you CAN request it, but these requests are generally denied.

    3. Before I get sworn in, is their way to find out if the officer showed up?
    You can look around the room. In most courts, they will call the roll before the proceedings begin and then you'll know.

    4. Will the judge be annoyed that I did this?
    Traffic court commissioners and judges are used to people playing games. Yours is not much of a game, so I doubt it will be all that annoying.

    5. Since the officer is a public servant, can I ask the Fremont police for his schedule to see when he’s on vacation or somewhere else? 11/21 is week of thanks giving, want to know if he will take a holiday.
    They are NOT going to provide you his work or vacation schedule! Since law enforcement is a 24/7/365 sort of thing, they work Holidays all the time. if he normally works that day of the week, chances are good he'll be working. If not, then he'll get paid time and a half for a minimum of 3 or 4 hours to be there.

    But what will the police officer bring to the trial. Besides there notes; DO they bring calibration records, engineering surveys, etc
    Thank you.
    If he needs them, sure. If not, no. The court may have surveys on file there, and the officer may not need calibration records at all - depending on what he used to estimate or measure your speed.

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