Why do I not have a jury for a speeding ticket?

Question

WAIT PLEASE READ ON!

The city puts off a ticket as "civil" but if I don't pay it I go to jail. That's Criminal. Or else why would the city offer you a "jury trial" for a civil case (of course only if you PLEA first)

The constitution says "In ALL criminal cases, the accused shall have a trial by an impartial jury of his peers".

I get to court, no jury unless I PLEA - not guilty.

By being forced to PLEA, and in consideration that I am being prosecuted criminally when making a PLEA, that means I am being prosecuted for a crime without a jury and being forced to stand before a judge in prosecution without a jury.

That's a felony because the judge and prosecutor perjured his/her oath of office "To protect and defend the constitution" when they denied me my right to a jury trial in a "TRULY" Criminal case.

Americans do not actually know constitutional law to put up with this.

Our founders set the law up for reason! Too many cases to make municipal corporations rich

Answer 1

Next time sign it "Without Prejudice" UCC 1-207 ,and request a recorded hearing. And an even better piece of advice is why not drive the speed limit and observe traffic laws, that can eliminate tickets entirely. Driving a vehicle isn't a right, it is considered a priveledge. Thus, many rights do not apply.

Answer 2

First of all, I agree with your first point. A speeding ticket is a criminal, rather than a civil, matter. The reason why the sixth amendment does not give you the right to a trial by jury in the case of a speeding ticket has nothing to do with the criminal/civil distinction; it has to do with the state/federal distinction. The sixth amendment, as part of the FEDERAL constitution, applies only to FEDERAL criminal prosecutions. This is in accordance with the long standing rule that the Bill of Rights in the federal constitution is designed to limit only the power of the federal government -- not the power of the states. Barron v. Baltimore, 32 U.S. 243 (1833).

The only reason why state governments have to worry about the Federal Bill of Rights at all is because of the Fourteenth Amendment -- which DOES limit the power of state governments. Over the years, the Supreme Court has interpreted the due process clause of the Fourteenth Amendment in such a way as to require states to abide by some (but not all) of the rules that the Bill of Rights requires the Federal Government to abide by. With respect to the Sixth Amendment right to trial by jury, the Court ruled in Duncan v. Louisiana, 391 U.S. 145 (1968) that the part of the Fourteenth Amendment that says that states are not allowed to "deprive any person of life, liberty, or property, without due process of law," means that a state must give a person a trial by jury for "serious crimes" -- but not necessarily for "petty crimes."

Since a speeding ticket is, unarguably, a "petty crime," the Fourteenth Amendment right to due process does not entitle the defendant to a jury trial. And since it is a state prosecution as opposed to a federal prosecution, the sixth amendment does not either.

You may want to read the Duncan v. Louisiana decision (second link). You may or may not agree with it, but you will probably be interested in finding out how courts look at these types of issues.

Answer 3

A speeding ticket is considered an infraction, the lowest of the criminal offenses. This is usually punished by a fine. If you do not pay the fine, the crime can become a misdemeanor, punishable by less than one year in county jail. You do not have a jury because it is not a misdemeanor or a felony. It's a speeding ticket. Pay it. Go to traffic school. Drive more safely.

Answer 4

If there is no jail time possible for the offense, then it is not inherently criminal. True, you can go to jail for not paying the fine, but you are not being punished for speeding, you are being punished for not paying a fine. Your theory would make everything involving money criminal - not paying your water bill can lead to a lawsuit which can lead to a judgment which can lead to jail for contempt if you don't pay.
Another thing to note, if your jurisdiction treats speeding tickets as civil matters, then they can make you admit or deny, because the fifth amendment only applies to criminal cases. Just like any other civil case, the court can force the parties to admit what is not in dispute so the court only has to decide genuinely contested issues.

Answer 5

I understand the intent behind your question but at the same time I wonder if our courts aren't already crowded enough without adding this to them. Hiring attornies, gathering evidence, summoning witnesses, selecting a judge, choosing a jury and dismissing those who can't/won't serve, and freeing a courtroom would cost how much for a incident that carries a fine of less than $500?
It's too bad you got the ticket.

Answer 6

Amendment VI does not say what you think it does; and it does not apply to the states. Moreover many states do not consider traffic offenses to be criminal charges & the penalty for non-payment of a speeding ticket is not not jail, but loss of license.

Answer 7

Tis a privilage to drive and against the law to exceed the limit. However the limit where I live also concerns traffic flow. If you were clocked exceeding the speed limit well...your guess is as good as mine. Do some research on what you get to deal with and don't do anything stupid.

Answer 8

Stop wasting your time trying to correct something so insignificant. Admit you were wrong by paying your ticket and get on with your life. I really don't see this country going down hill starting with the way our speeding tickets are handled.

Answer 9

You answered your own question beautifully! I cannot add anymore!

Answer 10

It's not a trial.