Lucky In Court...Or Will It Be Unlucky?

[Lucky]

Last October I got pulled over by a cop in an unmarked car. He wrote me up for a bad turn and an unsafe lane change. I had had the nerve to go around him when he appeared to be waiting to go straight even though he was in a right turn only lane. When he came up to my car he said "I'll bet you were surprised to see a cop get out of that car!" And, in fact, he had been driving an old beat up car.

So, after you get a ticket here, if you want to fight it, you first have to pay the fines. Then you write out a statement and file it with the court, telling your side of the story. It's called a "Trial by Declaration." The officer also writes out a statement, and some unknown person reads them and makes a finding. In my case, I was found guilty of an unsafe lane change and not guilty of an unsafe turn. If the ticketed person, alright, the "defendant" is unsatisfied with the findings, he can ask for a trial de novo, which is what is basically a trial in front of a judge and both sides have to testify. Of course, the "defendant" does not have to, but he ain't gonna win if he doesn't.

The courts typically rule in favor of the police officer, but often they don't show up. In that event you win, or, if the court wants to be mean, they continue the case and make you come back. Good thing I don't have to take off of work.

Anyway, my trial de novo is tomorrow. So today I went to the courthouse and got a copy of the officer's statement, and boy, was I surprised. He has himself slamming on his brakes to avoid me, has me turning when he did instead of before he did, says I didn't signal when it was him that did not signal. and then he actually quotes me as saying that I didn't stop for him because I didn't know he was a cop. I never said anything to him, just gave him my license and registration. So, I find myself facing a cop willing to lie to win his case.

Does anyone think I am going to win? I do. I refuse to believe that justice will not prevail. Stay tuned!

[Guest hitoallusa]

I hope you win, Lucky. I hope you can impress judge with your arguments.

[Guest FourAces]

Lucky I do not have the law background you do but I can tell you this. As a total novice I beat 10 tickets while living in SoCal. Granted 8 of them were dismissal for no shows and the other two I won in front of a judge. I made this one traffic officer look so silly that the judge asked him to stay after I was dismissed. My friend who came with me was still in the court room and said the judge basically ripped the cop a part as well as the DA.

Anyway chances are the officer will not show up. And if he does just stick with the truth and stick with a positive attitude. And if all else fails charm the pants off that judge

btw Do I feel guilty beating 10 tickets

[Lucky]

My neighbor is a probation officer and assures me that the traffic court judges are fair. I plan to wear a coat and tie, unlike anyone else I saw today! All I can do is give my side of the story and hope for the best. But it does irk me that the cop is so willing to lie.

[TotallyOz]

So sorry to hear this. I hope it goes well for you. I myself have little faith in the system but if you do get a judge who is fair, it should go your way. I'll be curious to see what happens.

[JKane]

A friend of mine has beaten a dozen or more traffic tickets in California as well. Only about half his, once he found out how easy it was he started helping everybody he knew.

Even once you get to court and both parties have shown it's not over. For speeding tickets the state does regular surveys of the average/safe speed on a road, and if the limit is more than 5 under that (it usually is) it also gets thrown out. Those are the details as I vaguely recollect them, though it doesn't sound like they apply in Lucky's case.

But the whole pay first than appeal is pretty shitty.

Also there are many areas within "LA" where stoplight cameras are still functional, everybody thinks that since one place killed them (City of LA? Even county doesn't matter in places like Pasadena, WeHo...) they're all dead. They aren't.

[Guest hitoallusa]

Wow Lucky in suits. If I don't have to report to work tomorrow, I want to go see Lucky presenting his defense. Are you going to Say that famous line to the police officer?

"You can't handle the truth!"

[Guest FourAces]

Good luck today and be sure to update us

[Guest hitoallusa]

I'm waiting for the update too. It's still early there in CA so I will check back in the afternoon.

[RA1]

I went to court the last time I got a traffic ticket (I do not get them often and I always fight them). I wore a tie and jacket as respect for the court and the system. This caused many folks to crowd around me thinking I was an attorney and they asked for advice. I had little to none to offer.

The police report was completely false and I asked the judge if the cop lying made any difference. He replied by asking the court clerk to check my driving record which turned up exactly as I had claimed it would.

The problem is (many things) that with a speeding ticket the prosecuting attorney makes a proclamation that states if you were speeding you will pay a court fine of $60 + $1 for each mile over the speed limit and therefore the minimum amount is $60. So, if you are guilty the best you can hope for is $60.

I was not guilty and the judge agreed but it was an unusual situation.

I hope you do better, Lucky, but I am not expecting "justice".

Best regards,

RA1

[Guest EXPAT]

When I lived in South Carolina I had to drive to work through a known speed trap and over 6 months I got 3 tickets but my speed was only maybe 5 - 9 miles over the speed limit each time. But then I did have a red car which was my first mistake.

So I had to go see a judge because my license was suspended. and I'm not kidding -- the judge was Judge Bubba Smith and he was spitting tobacco into a spittoon next to his desk. I immediately got my license back after our meeting and explaining the tickets. He removed all but one from my record. fortunately that was my last experience in that state and I moved to NYC that week and never looked back.

[Lucky]

VICTORY

Attorney and defendant Lucky today went to the courthouse to be heard on

the traffic case against Lucky. He and the bf dressed in coat and tie, and arrived one hour early so as to hear the judge on other cases and get a feel for how he runs his courtroom

When the time came for his case to be heard, Lucky stood up and took the seat of the defendant. 3 police officers, dressed in blue jeans and ratty polo shirts came up to sit on the side of the plaintiff. All witnesses were then sworn by the clerk of the court.

Once that was done, lawyer Lucky asked the court for a separation of witnesses, meaning that only the cop testifying at the time could be present in the courtroom. This is to prevent the other witnesses from hearing both his testimony and adjusting theirs to fit, but also to be unable to see where he was cross-examined and how that was handled.

The court then told the remaining police officer, the one who was behind the charges, to begin his testimony. He opened his mouth and said:

“Your honor, we wish to dismiss the charges in the interest of justice.”

The judge asked me if I would accept that or would prefer to go to trial. I accepted it. He then told the cop to go out and get the other cops and bring them back into the courtroom.

Instead, the cops took off. In the meantime, I asked the judge to make the dismissal “with prejudice,” meaning that no matter how much new evidence might be discovered, the cops could never bring charges stemming from that incident again.

While we were waiting for the cops to re-enter the courtroom, the judge asked if I was a lawyer, and I responded that I was. He said that he had kind of figured that out based on the way I had handled myself. He then invited me to apply to be a small claims court judge on a volunteer basis. I said that I would consider it. It would allow me get to know the judges, have that on my resume, and perhaps get appointed to the bench at some future date.

So, finally we left. The bf decided that we should celebrate at a Chinese restaurant, and so we did.

End of story.

[Guest lurkerspeaks]

Congratulations on your victory.. So what's next? a new court tv show featuring Judge Lucky? A duet of Judge Lucky and Judge Judy? Peoples court vs MERmen court?

[Guest hitoallusa]

Congratulations Lucky! You set a good example for all of us and proved that although it's not a perfect system but it works. I hope you can be appointed as a judge and have your own TV show. For young people here get yourself educated when young it pays!

[Guest CharliePS]

Oh, dear. If you get appointed to the bench, posters may start accusing you of being judge-mental.

[MsGuy]

VICTORY

...

End of story.

Or maybe the first chapter of a new story.

Part time small claims court judge might be just the thing for you. Sounds like it would be a fun way to spend some retirement time while contributing to your community.

[Guest FourAces]

Good news!We never doubted your ability!

[JKane]

Congrats! Any idea why they bothered to show up at all, why they dismissed?

[caeron]

Congratulations. Too bad you can't ding the cops for abuse of authority too.

[Lucky]

Congrats! Any idea why they bothered to show up at all, why they dismissed?

This is a very good question. I would love to have been a fly on the wall when the cops were discussing strategy. Since only two male cops were involved, I wondered who the third cop was. He took the oath, so must have been planning to testify. I hope that the other cops told the main cop that they could not back up his story, and thus he caved. Or else he was planning to coach the other cops what to say when they heard him testify, and my separation order put a stop to that. I doubt that I will ever know.

[Guest EXPAT]

Fantastic story. This would have made a great reality show episode for one of those court shows. You should consider doing a reality show if you do become a judge part time or not. I think it would be fascinating. I might even break down and watch that kind of show. I believe you would see though almost any subterfuge coming into the courtroom.

[BigK]

This is a very good question. I would love to have been a fly on the wall when the cops were discussing strategy. Since only two male cops were involved, I wondered who the third cop was. He took the oath, so must have been planning to testify. I hope that the other cops told the main cop that they could not back up his story, and thus he caved. Or else he was planning to coach the other cops what to say when they heard him testify, and my separation order put a stop to that. I doubt that I will ever know.

The cops sound like a guilty pack of rats caught in a rat trap. Way to go Lucky!

[Lucky]

Thanks, EXPAT and Bigk.

[Guest Daddy]

Congratulations, Lucky!

This whole ordeal almost felt like your locker room fantasy in your gym post of a year or so ago, until somebody called you on it.

I feel great now about driving in PS when I'm there for the festivities!

[Guest FourAces]

From the bits I know if a officer is absent X amount of times, without good cause, per month for traffic trials they can be reprimanded. He probably showed to avoid any discipline.