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But, if he said Mark was going 57 at the first 45 mph sign or 57 in the 55 zone, we would not be contesting it.
They will have to show the 35 mph zone just as it says on the ticket. They can't do that.
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First, it's just a speeding ticket. Unless the fine would cause financial stress or this is the ticket that will put him over the top to getting his license suspended, IMO it's not worth going to extraordinary lengths to fight.
That said, Rebellion is right. I've contested two traffic tickets in my life. It never got to the point of having to prove anything in court, because the city or town or whatever usually doesn't want to waste the time and lawyer hours. I showed up, and they immediately offered to cut the fine to something reasonable and the charge to something that wouldn't affect my license. Of course, small towns may well work differently.
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I talked to my judge friend again and he says it's either guilty of not guilty, that they won't reduce the charge or something else. Of course, I'm intimidated (scared to death), they count on that too. I'm very curious though. Will they lie under oath? How will they prove the charge when they cannot prove the speed limit? They cannot change the charge at this point. The right to due process requires them to make Mark aware of the charge against him. That's 57 in a 35 zone. If they tried to change it to 57 in a 45 or 30 - automatic dismissal or we'll win on appeal. The law appears to be very clear on that. You know, if I thought they were going to be fair and honest, I would not be nervous at all. I expect them to be corrupt though and that's scary and sad.
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Do you know what it's like to fall in the mud and get kicked... in the head... with an iron boot? Of course you don't, no one does. It never happens. It's a dumb question... skip it. |
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No offense, but I think you are blowing a speeding ticket way out of proportion!
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All you need to know about the energy crisis: ANWR Exploration Republicans: 91% Supported. Democrats: 86% Opposed. Coal-to-liquid R's: 90% YES. D's: 78% NO. Oil Shale Exploration R's: 90% YES. D's: 86% NO. Outer Continental Shelf Exploration R's: 81% YES. D's: 83% NO. Increased Refinery Capacity R's: 97% YES. D's: 96% NO SUMMARY: 91% of House Republicans have historically voted to increase the production of America’s own oil and gas. 86% of House Democrats have historically voted against. |
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Do you know what it's like to fall in the mud and get kicked... in the head... with an iron boot? Of course you don't, no one does. It never happens. It's a dumb question... skip it. |
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I wasn't born with enough middle fingers. |
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I don't dispute what y'all are saying. It certainly depends on what they might offer. I've been googling a lot.
A woman is found guilty of passing on the right. All the evidence shows that she did in fact, pass on the right, breaking a specific law. HOWEVER, on the citation, the cop wrote left when he meant to write right. She won on appeal. The ticket was thrown out because the evidence was at variance with the citation. IF they prove that Mark was going 57 in a 30 or 45, it is a fatal variance from the citation. They can ask Mark to plead guilty to such and that would count. BUT, they cannot change the charge.
__________________
Do you know what it's like to fall in the mud and get kicked... in the head... with an iron boot? Of course you don't, no one does. It never happens. It's a dumb question... skip it. |
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