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Re: OT / Speeding Ticket!
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Posted by John T Country Lawyer on August 04, 2006 at 06:42:30 from (66.244.90.5):
In Reply to: OT / Speeding Ticket! posted by Hoosier JD on August 03, 2006 at 17:03:42:
Fellow Hoosier, I practice law in Southern Indiana but traffic defense is NOT an area of my practice so take this with a grain of salt. First of all, of course plead not guilty at which time the Clerk will set the matter for trial and dont forget you do have the right to request a jury trial. That way if the cop dont show up at the trial its dismissed. Youre right if its your word against the cops you loose, if it werent that way no one would ever be convicted. You can take your wife as a witness but the trier of fact wouldnt give her testimony the same weight as a non partial observer. It may help to hire an attorney if you dont mnd the expense versus what the ticket may cost even if youre found guilty. He could help raise defenses such as if the gun were properly calibrated etc etc but Ive never heard any cops say NOOOOOOO I didnt calibrate it lol. You can cross examine the cop so have your questions such as how did he know he shot you versus another car and to describe the guns calibration and whether he asked you if you wanted to see the reading etc etc but those cops know what to say. Tell your story as you did here and call your wife as a witness and explain the situation by looking the judge straight in the eye and youy may have a chance but UNDER NO CIRCUMSTANCES say/admit anything at all like MAYBE I WAS DOING 56 OR 60 ETC CUZ THEN YOU HAVE ADMITTED GUILT AND THE JUDGE WOULD HAVE TO RULE AGAINST YOU
You are allowed to call the Prosecutors office and obtain a copy of his evidence and should so youre better informed. You could speak with whatever deputy prosecutor or prosecutor who was assigned to the case but it likely wont do any good and again DONT ADMIT TO ANYTHING OVER 55 MPH
Best wishes n God Bless, let us know how it turns out
John T The Country Lawyer Bloomington Indiana
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