Re: How Can Multiple Errors On Summons Mean Nothing?

In article <ed34mh0vhl@xxxxxxxxxxxxxxxxx>, "richard" <don@xxxxxxxx>
wrote:

"Need Some Advice" <None@xxxxxxxxxxx> wrote in message
news:921af2l4i2va9dp9romcmdi2d5usbrv9ga@xxxxxxxxxx
I just got back a little while ago from what was to be my trial date.
I say "what was" because apparently the judge had a family issue to
attend to so no trials were conducted. The Judge did however move
through all the guiltys and the settleds.

All the alleged traffic violators were told that they could enter
pleas (I have another question about that actually that I will place
in another posting)or ask for a conference with the prosecutor. When
my name was called I (AGAIN I'll explain the again in the plea posting
I will make after this) pleaded not guilty but told the judge that I
would also like to conference with the prosecutor.

I have been charged with goin 41 in a 25 Without going into all the
details of my case (Which I will post if anyone is interested or
requests) I will say and take this for what you feel it is worth, but
I would go to my dear Mother's grave and swear to you I WAS NOT GOING
41 or anywhere near it. My wife sitting next to me in the front seat
KNOWS I was not going 41.

I really can not afford the lawyer so I have been preparing my own
case. I have done lots of studying and force feeding myself with
knowledge of what I need to beat this totally bogus ticket. I have
studied case law after case law and am still searching and looking for
more. I think I am prepared to at the very least FORCE them to have
every document and certification they need to win.

Back to the main topic of this message. As I said I deceided to try
and 'conference' with the prosecutor. I had no intention of telling
him anything about my defense, nor was I asking for a plea bargain. I
was ready to go forward with the trial and I was going to use what I
was going to tell him (In the hopes of having the charges dropped then
and there)as my opening motion of dismissal to the judge.

My summons contained two MAJOR errors. From everything I've read or
learned so far, both these errors should raise a doubt as to the
validity of the summons. The first error is the loction. It is not
just a bit away from what he wrote, but about 2-3 blocks. The second
is the make of the car. Registration says the car is an oldsmobile,
his ticket says its a dodge. The third error is in the plate
number..not as severe as the first two errors..but errors none the
less.

Like a fool I walk in there and tell him all I wanted at this point
was to show him these factual errors in the hopes of ending this. This
guy was a piece of work let me tell you. The big prosecutor against
the lowly citicen (sp) I point out the errors and he says "that means
nothing in New Jersey, what do you want to tell me about your speed"?
I was a bit taken aback but I said I was doing the limit..25 miles. He
then says "Oh so your a radar expert". Again taken aback I said No I
am not. I then said thank you and walk back to my seat in the court. I
waited another hour before the judge officially called me to the bench
to tell me my charges, and to say a new date would be scheduled.

Lawyers out there in NJ...(Central..Monmouth County) can this really
be true? Unless I find out that he is correct, I still intend to make
the summons my first motion of dismissal. How can these two BIG ERRORS
not count for scratch? Why bother putting any location if it can be
anything the officer puts on it? How is a court supposed to accept
testimony on tuning forks from someone who does not even know where
they or how to properly transcribe information from a vehicle
registration in broad daylight?

I am very discouraged here today folks..any advice or knowledge you
can give me is greatly appreciated!


First, hire an attorney to represent you properly. Obviously you need one.
"If you can not afford an attorney, one will be provided for you."

This is not necessarily the case for a speeding ticket. It varies by
jurisdiction, but you might not have the right to have an attorney
appointed for you.

Excerscise your rights.
Location of the incident only a few blocks away is incidental. Make and
model of vehicle may make a difference. After all, the officer was standing
beside it right? Wrong plate number? Have the officer tested before the
court by an optometrist.

Have him tested? How would he do that, Richard? You think a judge can
order a witness - a police officer or not - to undergo a medical exam?

These mistakes are areas for cross examination at best. Maybe if there
are enough mistakes and the officer doesn't have reasonable explanations
his entire memory of the incident will be questioned and that could be
enough for an acquittal.


Radar speed detection is a joke and has always been a joke.

Every jurisidiction in the country disagrees with you on this one.

So far I've
never been nailed with it but if I am, will fight it in court all the way.

You do that.

What exactly is Radar? "Radio detection and ranging". Radar, is extremely
susceptible to many anamalies. Contrary to popular belief, the signal is not
like that of a laser beam. It is transmitted 360 degrees from the gun.

360? I don't think so. Where do you get this from?

Does
the radar gun know where the return signal came from precisely? No it does
not.
Was there another vehicle going the opposite way at the time of the signal?
Perhaps the signal was reflecting off of something else. There are to many
factors involved to make radar a viable means to detect speed.

All these "perhaps" are merely speculation. Irrelevant unless they
apply to a particular situation.

By all means, learn all you can about radar, including the way to calibrate
the units. You might be amazed to learn that most models are calibrated with
simple tuning forks. A damaged tuning fork could cause the reading to be
wrong.

When you hear a statement like the DA said, "So now you're a radar expert.",
you reply with, "No sir I am not, but I will have one in court.".

If the guy's not going to hire a lawyer, I doubt he's going to hire a
radar-gun expert. And he certainly won't be qualified as an expert or
allowed to testify about what he learned from books.

Challenge the ticket. I have challenged bogus tickets before and I have
beaten them.
.

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