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  1. #1

    Default Undecisive Judge

    My name is Mike and I live in Massachusetts. I'm 18 now, but was 17 at the time of my ticket. Back in March, I was clocked doing 88 in a 65 (Highway), and chose to appeal my ticket. The magistrate I appealed to didn't seem too forgiving so I chose to take my case before a judge. When I went before a judge the State Trooper who ticketed me was not present and the judge stated "Trooper not present. Not responsible". I was free to go and the clerk began filling out my papers when the trooper walked in late and provided his testimony and i was found responsible for the ticket. The sheet with my fine on it actually states "P/O failed" from where the clerk began to write that the judge found me not responsible on the grounds of the officer not being there. I would like to appeal the judge's 'change of heart' upon the troopers late arrival, but I don't know where I would even go to appeal a judge's decision. In the long run, its not really the $230 fine that will kill me, its the 90 day license suspension and additional reinstatement fees I will encounter as a result of my Junior Operator Ticket. Any suggested course of action would be greatly appreciated thanks

  2. #2

    Default Re: Undecisive Judge

    Quote Originally Posted by fasci111 View Post
    My name is Mike and I live in Massachusetts. I'm 18 now, but was 17 at the time of my ticket. Back in March, I was clocked doing 88 in a 65 (Highway), and chose to appeal my ticket. The magistrate I appealed to didn't seem too forgiving so I chose to take my case before a judge. When I went before a judge the State Trooper who ticketed me was not present and the judge stated "Trooper not present. Not responsible". I was free to go and the clerk began filling out my papers when the trooper walked in late and provided his testimony and i was found responsible for the ticket. The sheet with my fine on it actually states "P/O failed" from where the clerk began to write that the judge found me not responsible on the grounds of the officer not being there. I would like to appeal the judge's 'change of heart' upon the troopers late arrival, but I don't know where I would even go to appeal a judge's decision. In the long run, its not really the $230 fine that will kill me, its the 90 day license suspension and additional reinstatement fees I will encounter as a result of my Junior Operator Ticket. Any suggested course of action would be greatly appreciated thanks
    there has to be some type of appeals procedure..but if cop came and your were then found guilty i dont know what your defense can be..its the same as if cop was there..thats some bad luck..damn pigs

  3. #3
    Street Lawyer
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    Default Re: Undecisive Judge

    Quote Originally Posted by davesike View Post
    Quote Originally Posted by fasci111 View Post
    My name is Mike and I live in Massachusetts. I'm 18 now, but was 17 at the time of my ticket. Back in March, I was clocked doing 88 in a 65 (Highway), and chose to appeal my ticket. The magistrate I appealed to didn't seem too forgiving so I chose to take my case before a judge. When I went before a judge the State Trooper who ticketed me was not present and the judge stated "Trooper not present. Not responsible". I was free to go and the clerk began filling out my papers when the trooper walked in late and provided his testimony and i was found responsible for the ticket. The sheet with my fine on it actually states "P/O failed" from where the clerk began to write that the judge found me not responsible on the grounds of the officer not being there. I would like to appeal the judge's 'change of heart' upon the troopers late arrival, but I don't know where I would even go to appeal a judge's decision. In the long run, its not really the $230 fine that will kill me, its the 90 day license suspension and additional reinstatement fees I will encounter as a result of my Junior Operator Ticket. Any suggested course of action would be greatly appreciated thanks
    there has to be some type of appeals procedure..but if cop came and your were then found guilty i dont know what your defense can be..its the same as if cop was there..thats some bad luck..damn pigs
    No, not really, if he was already found not responsible and didn't have a chance to testify his own side of the story or cross examine the officer because he was to busy w/ the court clerk and not actually in the court room then this kid's rights were trampled on and that in it's self is a point of error for appeal.

  4. #4
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    Default Re: Undecisive Judge

    Double jeopardy anyone?

  5. #5

    Default Re: Undecisive Judge

    I appreciate the support, and i'm not sure if i can go as far as to claim double jeopardy, but something here really is f***ed up... My rights were 'trampled on' but I just dont know which ones were , or how to appeal the violation of said rights... If anyone has an idea of where to appeal to I would love any suggestions still...

  6. #6
    Street Lawyer
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    Default Re: Undecisive Judge

    Quote Originally Posted by fasci111 View Post
    I appreciate the support, and i'm not sure if i can go as far as to claim double jeopardy, but something here really is f***ed up... My rights were 'trampled on' but I just dont know which ones were , or how to appeal the violation of said rights... If anyone has an idea of where to appeal to I would love any suggestions still...

    Which ones? Let's see, right to question your accuser, right to a fair and speedy trial, right to due process, just to name a few.

  7. #7
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    Default Re: Undecisive Judge

    Quote Originally Posted by Zapple View Post
    Double jeopardy anyone?
    Speeding tickets are civil they can try you as many times as they want.

  8. #8
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    Default Re: Undecisive Judge

    Quote Originally Posted by bockr View Post
    Quote Originally Posted by Zapple View Post
    Double jeopardy anyone?
    Speeding tickets are civil they can try you as many times as they want.
    No way.

    They cannot decide you as innocent for a speeding ticket, then the next day phone you up and have you go back and they charge you again for the same exact speeding violation on the same set of facts.

  9. #9

    Default Re: Undecisive Judge

    I know without a doubt in my mind that it was wrong for that ruling to be changed after the trooper walked in... My biggest concern is where I go to appeal this matter. This trial was before a judge in the Taunton Trial Court, who do i go to that would be the next step "over his head" so to speak?

  10. #10
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    Default Re: Undecisive Judge

    This trial was before a judge in the Taunton Trial Court, who do i go to that would be the next step "over his head" so to speak?
    Your next step it so consult with an attorney as the next highest court of jurisdiction in your state is probably superior court, and they typically do not allow non-bar members to file appeals. If you have trouble justifying the cost, ask yourself how important keeping your drivers' license is.

 

 

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