Well I won thanks to a tactic that only cost me 8 bucks for a certified letter, though I am sure some will say not linked but I would have to differ.
So when I got 3 tickets in about a 50 day time frame I went internet crazy looking for how to fight these. This site was one. What I found was there are paid services to get rid of tickets which will either get it dismissed in advanced, officer will not show up, or the evidence will be missing.
I found this site which explains how to do this for free:
http://www.hobbleknot.com/EYR/Abatement.html
I downloaded the RTF and edited it in word using the find and replace to fill in much of the info. I sent certified mail with signature required.
What I sent was my motion to abate, affidavit, argument, and Law in support, all properly notarized.
I received a denial [most places paid and otherwise say this could happen but you will still win in court.] but my court time was changed from 9:30 to 9:00am. I thought well that’s dam odd since no change of time was requested?!?!??
So I went to court today with about 10 prepared motions, about 100 questions for the officer, about 10 for the judge, and about 8 prepared objections in order of when they might be used. Like:
Objection Independent recollection - the officer must be able to testify independently and if he request to used his notes object again due to he has been in the court room for 10-30min at least and should have been reviewing the notes then.
As an example,
This site has great info on this and more:
http://www.jesbeard.com/29ab.htm
So my docket is called we both come up. While the judge is talking I lay out all my papers about 8 stacks and a water bottle and some mints and then the officer interrupts the judge during his pre statement or whatever it is called and asks if could say something.
The judge asks me if it's ok to do this now.
I yield the floor to the officer.
The judge swears in the officer and asks, “What is it you want to say?”
Now I’ll try to repeat verbatim.
Officer, "Ummm. I do not have my notes. Due to that there is so much going on in this case I really need my notes but the court seems to have misplaced them.
Judge, “Excuse me? It is not the duty of the court to keep track and maintain your records or that of the prosecutions"
Officer, "I do apologize your honor but I will not be testifying to day because there is too much and the notes are vital"
Judge, "So there will be no evidence presented at all today is that correct officer?"
Officer, "No your honor"
Well a little bit more but the judge dismissed and I was on my way.
When filing abatement it is said this could happen though the usual is the Officer staying home not showing up and basically saying he will not testify. IMO they change the court time so that the paper work would be filed in the 9:30am stack and so not in the stack for 9:00am as to avoid the legal showdown in court. In preparation for this case I sat in the court for 8 hours several days every week for the past 3 months. NEVER did I hear anyone ever use any of the legalities I learned about but NEVER did any officer ever not have all of his paper work.
Either way People 1 Police Powers/Actions 0

