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  1. #21
    Join Date
    Feb 2010
    Posts
    616

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

    Hard to say.

    Do you want to play hardball, take it to appeal?

    Tell the PA that "judge shouldnt have dismissed, plus you guys have ignored my discovery- Im likely to prevail at appeal, if the judge again ignores my motions. You can avoid that by just dismissing."


    One might even say the judge knew this was a problem case, did what he did in order to give he PA time to coerce you. If you were cynical...


    I am guessing you are out the 136, no matter what- after all, thats what this whole thing is about. Even if you pleasd to some lesser, non traffic offense.

  2. #22
    Join Date
    Feb 2010
    Posts
    152

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

    I agree with you that the PA's offer is not particularly good. But since the PA reached out to you, I would counter with an offer to plea to a non-moving violation. If the PA does not take it, I would try the arguments I outlined earlier. For the argument about not identifying the patrol car and not checking patrol car speed against the speedometer you should read through IRLJ to see if that is explicitly required for radar in moving mode. That language is usually included in affidavits, but I don't know if it is required to be included. Perhaps others who are more familiar with IRLJ than me can say if the check with patrol car speed is required.

  3. #23
    Join Date
    Nov 2009
    Posts
    886

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

    Quote Quoting lamopuri
    View Post
    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.
    Iím going back a bit to an earlier post you made. Due to personal issues Iíve been less able to participate lately, but do think that arguments suggested by prusakolep having to do with the missing patrol speed/speedometer check and tracking history (no direction) are stronger than the early hearing date motion that you lost. These are foundational requirements to authenticate speed evidence per ER 901.

    If all 3 preliminary motions to exclude or suppress are denied, you can still ask for a continuance to speak with the prosecutor although of course deals might be off the table at that point.

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