HELP! [please]
#34
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in reference to your comment a few months ago about mailing in for traffic notes, she sent it in a month ago, and got no response. It is certified by USPS but does not state the exact address the letter was sent to, just the town where the barracks is in. Her trial date is oct 7, so assuming this, it is within a week, with still no answer from the police chief (even included a contact phone number on the letter in case of any problems obtaining the traffic stop notes)
Now, in terms of attempting to get the cased dismissed based on this, should this just straight forwardly be asked to the magistrate during the hearing, saying she is asking for a dismissal of the ticket as she was unable to prepare a proper defense without the notes?
and then if he says no, is it fair to then say that since she was unable to prepare a complete defense, that she pleads for no insurance points(the goal of the appeal at the least).
any help would be great. Thanks!<ul><li><a href="https://forums.audiworld.com/newengland/msgs/86659.phtml">https://forums.audiworld.com/newengland/msgs/86659.phtml</a</li></ul>
Now, in terms of attempting to get the cased dismissed based on this, should this just straight forwardly be asked to the magistrate during the hearing, saying she is asking for a dismissal of the ticket as she was unable to prepare a proper defense without the notes?
and then if he says no, is it fair to then say that since she was unable to prepare a complete defense, that she pleads for no insurance points(the goal of the appeal at the least).
any help would be great. Thanks!<ul><li><a href="https://forums.audiworld.com/newengland/msgs/86659.phtml">https://forums.audiworld.com/newengland/msgs/86659.phtml</a</li></ul>
#35
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if the request to dismiss is denied, she should demand at least a continuance in which the trooper must supply those notes. If the trooper ignores the continuance, the clerk will NOT be happy with them.
Also, bring copies of everything to the hearing: copy of the letter, etc.
Also, bring copies of everything to the hearing: copy of the letter, etc.
#36
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except she got the letter yesterday!!!!
ahh.
and it posts 1600ft lidar @77mph (i believe), he wrote her up for 70... but i figured if its an issue on accuracy or if she thinks it wasnt her car traveling that fast... she would still need a to put together "defense" and she got the notes 6 days before the hearing, and half of it is a blurr from their crappy photo copy (to the point you cant read half of it), all i made out was 1600xx(ft im guessing), and @76 xxxx@77 1600xx so im guessing the 76 is his "estimated" as that was the other box checked off with lidar and "posted".. that means hes good enough to estimate 76 in the dark from on coming traffic THAT specifically and only be ONE mph off?
I was thinking... if the request is denied, to go with "i was trying to safely get into the middle lane to move out of the car coming up quickly behind me to avoid any dangerous situations with the upcoming car. This is my first speeding ticket i've gotten since i have started driving, and if I was indeed over the limit, it was a complete and honest mistake. I will agree to pay the 150$ but ask that I do not receive any insurance points as I have had a clean driving record and wish to keep it clean"
a few things im weary about that is 1) it'll kind of be admitting to speeding, which is bad
2)im sure the excuse of getting out of the way of the car behind you has been used 20,000,001 times
But in this case, I feel it might be helpful in trying to get out of the insurance points? Or do you think she should try to fight and win it all?
ahh.
and it posts 1600ft lidar @77mph (i believe), he wrote her up for 70... but i figured if its an issue on accuracy or if she thinks it wasnt her car traveling that fast... she would still need a to put together "defense" and she got the notes 6 days before the hearing, and half of it is a blurr from their crappy photo copy (to the point you cant read half of it), all i made out was 1600xx(ft im guessing), and @76 xxxx@77 1600xx so im guessing the 76 is his "estimated" as that was the other box checked off with lidar and "posted".. that means hes good enough to estimate 76 in the dark from on coming traffic THAT specifically and only be ONE mph off?
I was thinking... if the request is denied, to go with "i was trying to safely get into the middle lane to move out of the car coming up quickly behind me to avoid any dangerous situations with the upcoming car. This is my first speeding ticket i've gotten since i have started driving, and if I was indeed over the limit, it was a complete and honest mistake. I will agree to pay the 150$ but ask that I do not receive any insurance points as I have had a clean driving record and wish to keep it clean"
a few things im weary about that is 1) it'll kind of be admitting to speeding, which is bad
2)im sure the excuse of getting out of the way of the car behind you has been used 20,000,001 times
But in this case, I feel it might be helpful in trying to get out of the insurance points? Or do you think she should try to fight and win it all?