Went to court today, the officer showed up...

[SuperG]

I am not going to fault an officer for deciding which story he believes (unless it's not mine), but when a judge cites a particular statute that is cause for a dismissal, I find it hard to believe anyone is going to question the judge like this...

If I were the officer, I would do a little research so next time he can provide a rebuttal...or conclude he should not write such a ticket.

 

[FordSVTFan]

I am not going to fault an officer for deciding which story he believes (unless it's not mine), but when a judge cites a particular statute that is cause for a dismissal, I find it hard to believe anyone is going to question the judge like this...

It happens all the time. It is called an appeal. Most judges rule based on the law as presented to them by the attorneys involved in the case. The adversarial nature of prosecution and defense keeps the judge up to date on the law. When that element is taken away and the judge is the finder of fact and law and there is no other counsel rulings often fall on the judges discretion/opinion and not necessarily law.

You have me confused, what do you mean when you write that a judge cites a particular statute that is "cause" for a dismissal?

 

[Swaie]

Nice job op, good that common sense prevailed!!!!

 

[TERMIN8TR]

That's great news. You didn't allow them to get away with it.

Now you have to watch your back if you live or travel in that cops jurisdiction.

 

[G2Mach1]

Congrats. I know how you must feel.
I had the same thing happen in Houston... I hydroplaned the car in very bad weather and got into a single car wreck against the wall, nothing too major. We were towing it away and the freakin cops pulled the tow truck over while we were leaving. They wrote me a ticket and it got dismissed quickly in court in downtown Houston.

 

[SCBQQSTN]

Congrats. I know how you must feel.
I had the same thing happen in Houston... I hydroplaned the car in very bad weather and got into a single car wreck against the wall, nothing too major. We were towing it away and the freakin cops pulled the tow truck over while we were leaving. They wrote me a ticket and it got dismissed quickly in court in downtown Houston.

Glad I'm not alone :beer:

 

[Iceman II]

Well look who chimed in, its the infamous TERMIN8TR! I was wondering when you would chime since you are well known for comments of your hatred for authority. I knew you would have an opinion.
What words of wisdom do you have to share in this thread?
Oh, I guess there isn't none.

 

[Iceman II]

Here's what I would do. If I was that officer I would ask to have a meeting with the Judge to ascertain why he ruled the way he did.
I would want to make sure he/she understands the law and his obligation to follow it. Afterall, he/she took an oath.
I would would find out why he has a beef with me and why. When I walk out of that office i/m going to know where I stand.
There are ways to report that type of judicial conduct but it would need to be treated very delicate.

 

[FordSVTFan]

Here's what I would do. If I was that officer I would ask to have a meeting with the Judge to ascertain why he ruled the way he did.
I would want to make sure he/she understands the law and his obligation to follow it. Afterall, he/she took an oath.
I would would find out why he has a beef with me and why. When I walk out of that office i/m going to know where I stand.
There are ways to report that type of judicial conduct but it would need to be treated very delicate.

It was a Florida traffic magistrate, not a judge. In Florida Traffic Magistrates are well known for not following the law but deciding cases based on their own agenda/sense of right and wrong.

I have been in magistrate court in Florida, as a Prosecutor, observing proceedings and have seen it first hand.

Like I said, had the magistrate wanted to rule impartially he would have laid the record and queried both sides to form a factual basis for his ruling. Instead, this magistrate laid into the cop and didnt query the respondent.

Plus in the 9th Circuit of Florida the judiciary and the police are often at odds.

 

[FordSVTFan]

Now you have to watch your back if you live or travel in that cops jurisdiction.

Why? Because the OP got off, the cop is now going to attempt to target him? Get real.

 

[TERMIN8TR]

Well look who chimed in, its the infamous TERMIN8TR! I was wondering when you would chime since you are well known for comments of your hatred for authority. I knew you would have an opinion.
What words of wisdom do you have to share in this thread?
Oh, I guess there isn't none.

We all have opinions don't we?

 

[TERMIN8TR]

Why? Because the OP got off, the cop is now going to attempt to target him? Get real.

C'mon now, who are you kidding? LOL

 

[FordSVTFan]

C'mon now, who are you kidding? LOL

Your disdain and blind hatred of L.E. has made you paranoid.

 

[TERMIN8TR]

Your disdain and blind hatred of L.E. has made you paranoid.

Sorry, no "disdain, hatred or paranoia" here.

 

[FordSVTFan]

Sorry, no "disdain, hatred or paranoia" here.

Now, who is kidding who! :shrug:

 

[NyteByte]

You saw the legal system in action and working correctly. I've had the opportunity to sit through a couple hours of traffic court and I've seen the same thing. When you get a good judge on the bench who is unbiased and fair, justice is served correctly most of the time. Lucky for you, the cop was upstanding, honest and didn't lie (unlike most of the cops we have here in Chicago).

Unfortunately, there are still cases like the one fiveohpoepoe described where someone who was obviously hammered, crashed their car and got off in court. Not good.

Sometimes our legal system is not perfect.

 

[COBRA_ESQ]

Sometimes our legal system is not perfect.

But it still the best in the world!!!

 

[lemosley01]

Please do not unnecessarily cite tickets to people who did nothing wrong.

This is why the officer is issues a TICKET, not rendering JUDGEMENT.

The two are different. A ticket is an accusation. The judge has final say on if the accusation is 'valid' or not.

 

[FordSVTFan]

But it still the best in the world!!!

No doubt about that. Our system may have its problems but overall it works very well.

 

[Smokinjoe]

Good for you man. I bet it feels great to be vindicated.