I got my speeding ticket on February 20 and my court date was March 20, when I went they said it was post-poned to June 7, now I got a letter saying it was post-poned again till August 7. Now can i use that to throw out the case?
2007-06-02 12:39:16 · 17 answers · asked by clubclan05 2 in Politics & Government ➔ Law & Ethics
Not likely as silence is acceptence. Did you step up and tell them "NO I dont accept that"? If not, then you accepted the delay accordingly.
Now if you wanted to throw it out of court for lack of jurisdiction that would be a totally different story. I would recommend that you look into how to trun the court into a common law court. Once you do that, ask the judge to have all the lawyers leave the court room. Then look at the accusers desk and ask the judge where is your accuser (in a common law court you have the right to see your accuser face to face".
Note: on the court papers your accuser is the "state of XXX", where XXX is the name of the state you are in. I defy any judge to bring forth the accuser named "The state of XXX",
Good luck on your case.
2007-06-02 12:50:52 · answer #1 · answered by jimkearney746 5 · 0⤊ 1⤋
No, you cannot use that portion of the constitution to get out of this.
The constitution was not meant to be interpreted EXACTLY as it was written. Instead, it allowed for the Supreme Court to determine how it would apply to the situation.
In this case, the right to a speedy trial is a right typically reserved for people who are under probation or are in jail until their trial date.
Unless your state has imposed a penalty on you or your ability to drive, you really don't have a reason for this.
2007-06-10 10:23:32 · answer #2 · answered by blackdrgn121sn 1 · 0⤊ 0⤋
The protection of a speedy trial is not available to you under the rules of the court for this violation. First, both sides are allowed under the Rules of Criminal Procedure to a continuance, and second, the execution of the right to a speedy trial doesn't even become an issue for a minimum of 1 year from the time of the charge being filed.
If you try this you will be laughed out of court.
2007-06-02 13:13:47 · answer #3 · answered by hexeliebe 6 · 1⤊ 2⤋
Are you guilty? If you are calm in court and explain things in a clear concise manner and address the judge as "your honor". Chances are they will be on your side. I have gotten many tickets dropped and throw out, seven to be exact , I have presented many different arguments and had them work. The judges really hate State Troopers, 4 of my tickets were with them. It might have been luck but maybe I had a good argument. You need to really think about what your going to say, judges have a knack for smelling Bullshit.
2007-06-02 12:54:52 · answer #4 · answered by why_cant_i_be_me69 2 · 0⤊ 0⤋
If you were speeding then you should just pay it. you don't even have to go to trial unless you are trying to get out of taking responsibility for something you did. In that case you and Paris Hilton need to get together. If you didn't deserve the ticket then you should be able to get out of it anyway without having to use some stupid excuse.
2007-06-10 05:34:27 · answer #5 · answered by Kari M 2 · 0⤊ 0⤋
This opens up a n new can of worms. Plead your case before the court, and the question will surely arise, "' are you physically fit to drive a car?"" Do you want to risk having to take a physical exam to see if you are fit to drive?? If the doctor finds you are not, be prepared to surrender your license. Tell them you were speeding because of your medical situation, and you may lose your license permanently.
2016-05-19 21:34:47 · answer #6 · answered by kiara 3 · 0⤊ 0⤋
It's pretty common for delays in such cases, and it's usually due to the officer who gave you the ticket being unavailable. One thing to do is next time they call for a continuance, you need to object to the continuance. If the judge rules in your favor, the case will likely be thrown out.
2007-06-02 12:43:51 · answer #7 · answered by AlanC 3 · 1⤊ 0⤋
No you can not use that to throw out the case. It doesn't matter if you were speeding to get to court you still broke the law.
2007-06-10 09:42:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I would try showing up, and telling the court that this is nonsense. If the cop who wrote the ticket isn't there, then that's their problem, and you should get off. I hope this works for you. Good luck.
2007-06-08 07:27:44 · answer #9 · answered by ? 5 · 0⤊ 0⤋
Speedy trial rights vary from jurisdiction to jurisdiction, but probably not: you have to give certain notices before the clock starts ticking for speedy trial.
2007-06-10 09:48:04 · answer #10 · answered by Anonymous · 0⤊ 1⤋