John@Motorcepts

on 7/9/08, I received a ticket for running the red light in NJ. I did not run a red light. I made a 3 point turn before passing the light so honestly, I think I shouldve received an illegal u-turn ticket instead but I did a legal 3-point turn. I always thought it was okay to make a three point turn. Anyway, officer wrote a ticket to me, mispelled my name, wrong house number for address, and most importantly, WRONG DATE (He wrote 7/8/08). I tried to argue with him that I did not run a red light and what he told me was because I stopped, never crossed the line but there was a car behind me so I ran a red light. I asked him what he said made sense. He said "just talk to me in court and get back in your car." I told him I am not getting back in my car because I parked and have to go to work. I went to work and immediately asked for a letter stating I was at work already at 7:35AM on 7/8/08 from my supervisor.

Went to court before to have a trial scheduled. Today was the big day. My first ever in winning in traffic court.

Spoke to prosecuter, she said this is a 2-pt ticket for $85. How about this? I'll give you a ticket for unsafe driving, 0 pts, and cost $385. I said NO. She then warned me that the judge favors the officer due to their expertise and training in providing violations. I told her I am not accepting anything except for a dismissal.

As we approached the judge, she went there with the officer. She then introduced herself and then told the judge I am VERY unwilling to cooperate with her because she gave me a plead down and I refused it. She also requested to give me THREE MORE summons (1-unsafe driving 2-illegal turn 3-some other BS ticket I forgot). I was in shock! WTF did she do that for? The officer looked at her in shock as well. He had no idea. The judge then said this ticket was issued 3 months ago and it shouldve been brought up last time I was here but since it was never brought up, there are no grounds for the summons. Then I was asked if I wanted a trial for this case. I said yes and this should be dismissed now since my name is spelled wrong, my address is wrong, and most importantly, the date is wrong which makes this an illegal document. I sat down and waited until the end for a trial.

While I was waiting, the prosecuter tried to give me an offer. I said no offer except offer for dismissal. She said no and good luck with an attitude. Later, the officer said to me, I told the prosecuter to dismiss this ticket. Dont worry. Now I am happy.

When we went for trial, the officer stated that he wishes to have this ticket dismissed. The prosecuter then proceeded as well as she thinks we should dismiss the ticket. The judge asked, why are we dismissing this ticket now when before you wanted to hit the defendant with 4 tickets? It was in a matter of 15 minutes. Then she said, we are dismissing this ticket for failure to obey traffic device and change it to unsafe driving. Now i am like, WTF are you doing lady? I got kind of steamed up. I had no lawyer just myself. She was smiling like crazy thinking she's gonna win. I heard her whisper to the officer, we're definitely going to win this case. Dont worry. What a bitch. The officer is just sitting there hoping this to be over ASAP.

The judge then asked her to please stand up while speaking. Then she responded very cocky, "I've been in the court MANY times and I was NEVER asked to stand up when I spoke since this is an informal courthouse. If you want me to stand, I'll stand but I have never been asked to stand." I was even more shocked now and the officer, clerk, judge, and me all looked at each other and shook our heads. How disrespectful!! Then she proceeded with her motion and brought the judge up as a witness. She asked him how many years he was in duty, how experienced he is, why he gave me a ticket, etc etc. Then the ticket was brought in as evidence and also the officer drew a sketche of the surroundings. Later, the prosecuter stated she wanted to take the ticket away as evidence for no reason. I objected and the judge ask her reasons why. She couldn't answer.

Then it was my turn to ask the officer questions. I asked him, why are you so sure it was 7/8/08. He said it's because all my tickets were written on that day. Then I asked him why r u so sure that there was a car in front of me. Are you 100% sure and do you 100% remember? I was then objected by the prosecuter. I immediately shut her off and said "Your honor, this is a question related to this case and all I am asking is the officer's perception on that specific day. I am not doubting his experience, knowledge, now expertise. May I proceed?" The judge allowed me to proceed and the officer said he was not sure. I asked him again if there was a car in front of me or in back of me. He's not sure either. I also asked him if he remembers if I ran a red light, or did a three point turn, or a u-turn? He said he does not remember and he only remembers I did something. I stopped him right there and said I have no further questions.

Then it was time for me to for my oath and have the prosecuter ask me questions and for me to make my statements. She asked me if I remember what happened that day. I told her I do not wish to discuss 7/8/08 as I was already working and I am unallowed to discuss my work due to compliance reasons with my firm, FINRA, and SEC. That pissed her off. LOL. THen I told the judge about the inconsistencies with the ticket. I also tried to provide the letter from my supervisor as evidence but it was not brought as evidence since the prosecuter objected it due to no signature and not notarized. I then told the judge what happened on 7/8/08 and nothing regarding the ticket. The prosecuter then asked me if I made a turn that day at the light. Any kind of turn and if I did receive this letter from the officer. I then again said I am not discussing anything regarding the violation on this ticket.

Now time for closing statements. The prosecuter stated that I was very incooperative and all I was stating were technical issues with the ticket and refused to speak about the violation. She also thinks that the summons for unsafe driving is far more lenient already. My closing statement was, why did te prosecuter first wanted to bring the ticket as evidence then later deny it? Was it the fact that the date was wrong causing the ticket to be an illegal document? I also said will I really spend the time to court if I do not believe the court of law and the justice in the court? It's only an $85 ticket and I have a NY license. According to NYS DMV, the points from new jersey does not carry over and it would not affect me in anyway. Spending three hours in court equated for a loss of a lot more than $85 for me. The officer only stated he remembers I did something. What is something? No one knows. Not even the officer himself.

The judge then said this is inconsistent and it looks like a 50/50 with the defendant and prosecuter. When that happens, it goes to the defendant. Then the prosecuter stood up and said I was only trying to avoid answering her questions regarding the violation. She also said that I only talked about the technicals of the summons repeatedly. The judge then said that he can make this trial into a mistrial due to the fact that the prosecuter tried to lead me into providing statements that makes myself guilty. (I didnt know what mistrial meant until I came home. LOL. Below is a definition). Then he said this case goes to the defendant and he is found not guilty due to the inconsistencies with the officer's statements.

Wow, it felt good not just the fact of winning and seeing the look of the prosecuter's pissed off face when she lost. What did she think she was? That look is priceless. =)


A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as a mistrial.
If the court erroneously declares a mistrial, or if prosecutorial misconduct forced the defendant into moving for a mistrial, then the US Constitution's protection against double jeopardy bars any retrial; so the prosecution must be terminated.

A judge may declare a mistrial due to:
The court determining that it lacks jurisdiction over a case,
Evidence being admitted improperly,
Misconduct by a party, juror, or an outside actor, if it prevents due process,
A hung jury which cannot reach a verdict with the required degree of unanimity
Disqualification of a juror after the jury is impanelled, if no alternate juror is available and the litigants do not agree to proceed with the remaining jurors

Gene

Congrats Now go save that money saved on that ticket on some mods

mrfva

Wonderful! Congratulations!

advancedlogic

Wow - what vendication!!! Congratulations! That prosecutor sounds like a real 'winner' - a pompous, arrogant asshole. I'm glad you were able to knock her down a peg or two.

DRANGED

Way to go buddy!!

studavis

I really wondered what happened to the cast of "night court" after the series shut down, now I know. You did everything right, good job on the letter from the supervisor, although it has been a 100 years since I was in criminal court, the letter should have been admitted as primafacia evidience. Bench trials are great, but I am really interested why they wasted the time in the first place. Really nice job on holding your ground on the plea agreement stage. Most people would have taken the bait. Again, man, nice job.

Bteljuice

That IS impressive. With no lawyer and you won. Seems someone has been watching too much "law & order" hahaha. Way to go buddy

Angelic0-

Good job,

Sometimes just being polite and standing firmly on what you know can get you far.

Ever considered practicing law?

It's not as hard as you might think.

info@trinityautosport

long read but congrats

CWS530

That's the longest post I've ever seen or at least read to the end! And I've done some long ones myself! But, I'm at the Taipei airport with a three hour layover then on to LAX. Anyway, great job for stickin' it to the man!