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SVTPerformance's Chain of Restaurants
Donut Shop
Grounds for Order of Dismissal?
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<blockquote data-quote="jshen" data-source="post: 9679062" data-attributes="member: 9092"><p>I was poking at you earlier but since you asked- yes I do have suggestions.</p><p></p><p>First of all you remain innocent UNTIL the state proves the case beyond a reasonable doubt. i.e. the burden of proof is on the govt.</p><p></p><p>Does this court have a govt attorney assigned to it?</p><p></p><p>What generally happens when one raises such a defense, the court will continue the case in order to bring in a prosecuting attorney and/or research the issue- especially since this will effect quite a few people ticketed.</p><p></p><p>As to speed limits, you are correct-- they must be determined by certified engineers in accordance with the uniform manual you cited.</p><p></p><p>You will need to subpoena that person who told you and/or subpoena the appropriate highway engineer AND subpoena for production of documents- specifically "certified" records relating to certification of speed for that roadway. Courts can take "judicial notice" of some rules, regulations, etc. but without a lawyer, you cannot rely- and I can not tell you, without researching it.</p><p></p><p>Your govt. engineer will testify from his knowledge of the requirements for certification and whether that was followed for that particular road. His certified records are the highest and best evidence without producing the originals- and the engineer can tell you where the original documents are maintained. Some states allow govt. documents to be "self authenticating" eliminating the foundation requirement.</p><p></p><p>I can tell you the issue you raise with this roadway will bring a LOT of attention as again, all the tickets written on that road <strong><span style="color: Red">MAY</span></strong> be affected as there may not be <strong><span style="color: red">ANY</span></strong> enforceable speed limit. Therefore, the judge may quickly dismiss the ticket and hope nobody picks up on it...or [what I would do ] bring in lawyers to review this.</p><p></p><p>I would like to know the outcome of this. :beer:</p></blockquote><p></p>
[QUOTE="jshen, post: 9679062, member: 9092"] I was poking at you earlier but since you asked- yes I do have suggestions. First of all you remain innocent UNTIL the state proves the case beyond a reasonable doubt. i.e. the burden of proof is on the govt. Does this court have a govt attorney assigned to it? What generally happens when one raises such a defense, the court will continue the case in order to bring in a prosecuting attorney and/or research the issue- especially since this will effect quite a few people ticketed. As to speed limits, you are correct-- they must be determined by certified engineers in accordance with the uniform manual you cited. You will need to subpoena that person who told you and/or subpoena the appropriate highway engineer AND subpoena for production of documents- specifically "certified" records relating to certification of speed for that roadway. Courts can take "judicial notice" of some rules, regulations, etc. but without a lawyer, you cannot rely- and I can not tell you, without researching it. Your govt. engineer will testify from his knowledge of the requirements for certification and whether that was followed for that particular road. His certified records are the highest and best evidence without producing the originals- and the engineer can tell you where the original documents are maintained. Some states allow govt. documents to be "self authenticating" eliminating the foundation requirement. I can tell you the issue you raise with this roadway will bring a LOT of attention as again, all the tickets written on that road [B][COLOR="Red"]MAY[/COLOR][/B] be affected as there may not be [B][COLOR="red"]ANY[/COLOR][/B] enforceable speed limit. Therefore, the judge may quickly dismiss the ticket and hope nobody picks up on it...or [what I would do ] bring in lawyers to review this. I would like to know the outcome of this. :beer: [/QUOTE]
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SVTPerformance's Chain of Restaurants
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Grounds for Order of Dismissal?
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