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  1. #11
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    I requested for the discovery but PA has not responded yet nut the court has sent me the discovery the same day my request was delivered to them. Incredibly fast response I must say; as if they are very keen to get everything done to squeeze out my dollars. Our lives would be so much easier if other government agencies did their work as fast as this municipal court!
    Anyway, going back to my case, do you find anything that I can prepare in my defense? I have fought few tickets in my life but I have never had to go this far. Your help would be highly appreciated. My hearing is on 24th July. Here is the link to the discovery documents:
    http://farm5.staticflickr.com/4321/3...ac12c99c_b.jpg
    http://farm5.staticflickr.com/4283/3...5fc56aae_b.jpg
    http://farm5.staticflickr.com/4307/3...09054bf8_b.jpg

  2. #12
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    I see a few things to try.

    1: The officer does not state with the affidavit that he checked the speed of the patrol vehicle vs. what the radar was reporting as the speed of the patrol vehicle. That statement is usually included when the radar is used in moving mode, and - if this statement is required, which I am not sure it is - this omission could be grounds for suppressing the radar evidence. Furthermore, the officer does not identify the patrol vehicle, so the speedometer calibration cannot be verified (again, it the cross-check with patrol speedometer is in fact required). Folks who know IRLJ here can help out whether this cross check is required or not.

    2: The radar calibration does not include a statement how often the radars need to be calibration. I believe that details of the frequency of calibration need to be provided (i.e. annual, biannual, etc). Without this information you cannot determine if the radar was calibrated recently enough as per the policy.

    3: The officer does not state in the affidavit where were you in relation to him at the time he measured your speed, and whether he was moving towards you or opposite. I don't know what's the best way to use this omission. Perhaps you can use the lack of detail to argue that the officer does not identify your car as the one for which the speed was measured. There may have been other traffic (e.g. in the opposite direction) whose speed could have been displayed on the radar. Without stating the relationship to you and the direction of the moving mode radar, the affidavit does not establish that the speed measured was in fact for your car. Again, other folks here can do a better job phrasing this argument.

  3. #13
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    Thanks Prusakolep for your quick response. I want to give a little background of this citation as well.
    I was trying to pass the slow moving vehicles since this was the first opportunity to do so after driving on a crowded two lane highway for quite sometime. i did not even see where the police was. In fact, I was pulled over after 2-3 miles from the alleged place of infraction. There were couple of traffic lights between the place of alleged place of infraction and the place where I was pulled over. I have every reason to believe that I was not even singled out on the radar since there were many cars around me on both directions.

  4. #14
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    Ignorant question:

    Did the fact that the judge listened to your request for dismissal, then rescheduled the hear show up in any official records?

    I seen Brendan stating this is grounds for appeal, but did the judge basically 'hide' what really happened??

  5. #15
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    Quote Quoting lamopuri
    View Post
    Thanks Prusakolep for your quick response. I want to give a little background of this citation as well.
    I was trying to pass the slow moving vehicles since this was the first opportunity to do so after driving on a crowded two lane highway for quite sometime. i did not even see where the police was. In fact, I was pulled over after 2-3 miles from the alleged place of infraction. There were couple of traffic lights between the place of alleged place of infraction and the place where I was pulled over. I have every reason to believe that I was not even singled out on the radar since there were many cars around me on both directions.
    I would not discuss this background as part of your argument, at least not to begin with. The affidavit is sloppy - it does not describe the situation at all. Rather than explaining what the situation was I think you will be better off pointing out that the affidavit does not establish or even state that the speed that was measured was yours. Only if the judge does not agree that this omission is critical would it make sense to try to argue that the reading could have easily been for a different car, and that the affidavit as written does not rule that out.

  6. #16
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    Quote Quoting adam_
    View Post
    Ignorant question:

    Did the fact that the judge listened to your request for dismissal, then rescheduled the hear show up in any official records?

    I seen Brendan stating this is grounds for appeal, but did the judge basically 'hide' what really happened??
    What do you mean by "show up in any official record?". The judge basically refused to dismiss and just rescheduled my hearing.
    I am still waiting from Brendan about what he really means.

    Quote Quoting prusakolep
    View Post
    I would not discuss this background as part of your argument, at least not to begin with. The affidavit is sloppy - it does not describe the situation at all. Rather than explaining what the situation was I think you will be better off pointing out that the affidavit does not establish or even state that the speed that was measured was yours. Only if the judge does not agree that this omission is critical would it make sense to try to argue that the reading could have easily been for a different car, and that the affidavit as written does not rule that out.
    I don't think the judge would agree to the affidavit being sloppy. I have already faced this judge once and the impression he gave to me was that he really needs a very strong argument/reason to dismiss the case.

  7. #17
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    Quote Quoting lamopuri
    View Post
    What do you mean by "show up in any official record?". The judge basically refused to dismiss and just rescheduled my hearing.
    I am still waiting from Brendan about what he really means.

    .
    Other than YOU saying 'he refused to dismiss and rescheduled", is there some way that this action has been recorded and could be raised with an appeals court?? (im just asking everyone in general, not just you.)

  8. #18
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    Quote Quoting adam_
    View Post
    Other than YOU saying 'he refused to dismiss and rescheduled", is there some way that this action has been recorded and could be raised with an appeals court?? (im just asking everyone in general, not just you.)
    I see what you are saying but just the fact that I went to the court on my first hearing date and me having a proof of filing a motion for dismissal is proof enough that the judge refused to dismiss the case.

  9. #19
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    Quote Quoting lamopuri
    View Post
    I see what you are saying but just the fact that I went to the court on my first hearing date and me having a proof of filing a motion for dismissal is proof enough that the judge refused to dismiss the case.
    Got it. Did not read that that motion to dismiss was actually filed. Sorry

  10. #20
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Court Hearing Date Scheduled Less Than 14 Days from the Notice Date

    Hi All,
    a new development has occurred today. The Prosecuting attorney called me and offered me a stipulated continuance. Basically, he asked me to pay the fine(136 dollars) and if I do not get another speeding ticket for the next 6 months, the court will dismiss my infraction with prejudice. In exchange, I need to admit my guilt and waive all the rights of speedy trial and contesting it. I am not really convinced with this deal. Basically, I will lose 136 dollars even though I do not get another speeding ticket in the next six months right? Or will that 136 dollars be refunded?

    I had asked for discovery but the PA has not sent it to me yet, only the court sent me the discovery. (Hearing is set for 24th July). Can I use this as a reason to argue for the dismissal of my ticket? Or should I just accept his offer of SC? Or should I counter-offer him with changing the ticket to a non-moving violation and compromise? Please advise folks!

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