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Going to Court


other dog
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I just called headquarters and i've got to load in the morning for Warren, Ohio. Then I have to go to Butler, Pa. I think, to go to court on Wednesday about the $6,357 overweight ticket I got. I thought they'd get an attorney from the area to represent me, but I have to go. I hate going to court, but this is pretty serious money and Todd the VP is going and so is Bobby the safety man. I'm glad they're going because it scares me...

Producer of poorly photo-chopped pictures since 1999.

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Good Luck, hate dealing with those people in any way. Paul

Before stopping Other Dog, DOT inspector was cited for having the thread on the soles of his shoes worn down below 3/32 of an inch. Setting the tone for the day.

post-3242-0-84041700-1389633161_thumb.jp

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"OPERTUNITY IS MISSED BY MOST PEOPLE BECAUSE IT IS DRESSED IN OVERALLS AND LOOKS LIKE WORK"  Thomas Edison

 “Life’s journey is not to arrive at the grave safely, in a well preserved body, but rather to skid in sideways, totally worn out, shouting ‘Holy shit, what a ride!’

P.T.CHESHIRE

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Wear your Sunday best, speak respectfully and clearly, and point out anything that makes you the victim, and address the judge as "Your Honor"...the rest is in God's hands. I think we can muster a collection if bail money is needed...

Good luck!

Thank you.

Producer of poorly photo-chopped pictures since 1999.

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If I were an O/O and didn't have the money for a lawyer, I think the first thing I'd do would be to file a RTK request or a Motion for Discovery (don't have to be a lawyer to do that) to determine how many fines they have issued for trucks on that roadway. Secondly I would go there and take photos of where the "NO TRUCKS" signs are, and create a map graphic to show where they are placed in reference to the routes that access the forbidden path.

I would address the Judge in a respectful tone, and state that "Your honor, I am a good, law-abiding person and do not have a criminal record of any kind. I have a clean driving record with no moving violations, and have been a professional driver for "X" amount of years equating to "XXXXXXX" miles of safe, accident and violation free driving. In light of the evidence I have presented today, in conjunction with the fact that I have a clean record, I move that this violation, as well as all of the other violations I have shown in the evidence presented as well as with the Officer's statement that "he sits there regularly and cleans house" that this is nothing more than a revenue-collection farce by the Municipality and/or an attempt by the Officer to pad his stats. I am not denying the fact that I violated the local ordinance, however due to lack of ample notification through signage prior to reaching the roadway in question, I respectfully request your mercy and dismiss the charges, or at the very least a reduction of the fees.

..................or something like that. I played the game a few years ago and got a bullshit speeding ticket thrown out........GOOD LUCK let us know

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TWO STROKES ARE FOR GARDEN TOOLS

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If I were an O/O and didn't have the money for a lawyer, I think the first thing I'd do would be to file a RTK request or a Motion for Discovery (don't have to be a lawyer to do that) to determine how many fines they have issued for trucks on that roadway. Secondly I would go there and take photos of where the "NO TRUCKS" signs are, and create a map graphic to show where they are placed in reference to the routes that access the forbidden path.

I would address the Judge in a respectful tone, and state that "Your honor, I am a good, law-abiding person and do not have a criminal record of any kind. I have a clean driving record with no moving violations, and have been a professional driver for "X" amount of years equating to "XXXXXXX" miles of safe, accident and violation free driving. In light of the evidence I have presented today, in conjunction with the fact that I have a clean record, I move that this violation, as well as all of the other violations I have shown in the evidence presented as well as with the Officer's statement that "he sits there regularly and cleans house" that this is nothing more than a revenue-collection farce by the Municipality and/or an attempt by the Officer to pad his stats. I am not denying the fact that I violated the local ordinance, however due to lack of ample notification through signage prior to reaching the roadway in question, I respectfully request your mercy and dismiss the charges, or at the very least a reduction of the fees.

..................or something like that. I played the game a few years ago and got a bullshit speeding ticket thrown out........GOOD LUCK let us know

I'm out again, but

Producer of poorly photo-chopped pictures since 1999.

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Dibs on the mixer.

Oh, good luck Tom. Having your bosses with you can help a lot as they were not aware of the Needed permits

Thanks Ed. You can have the mixer, but you have to drive it back to sunny south Florida- I might even be out of the slammer by the time you get there.

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Producer of poorly photo-chopped pictures since 1999.

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If it seems that the court is going to stick with the officer you can ask for a few things to see if there is a way to get it thrown out...

1: Ask about the scales that were used and how they are calibrated. When are they required to be calibrated and who does the calibration. Ask for verification/certification with regard to the scales being in compliance with their required calibration at the time of the violation. You're looking to find something that throws out the credibility of the scales measurement.

2: Ask about the type of certification that the officer must have to perform such a stop and if training is provided on how to use the scales that were in operation that day. Is the officer up to date on any annual or periodic training required to operate the scales or perform the stop in question. You're looking to find something that throws out the credibility of the officer.

3. Make sure that all the information on the violation/ticket is correct. If the officer improperly documented something then there may be grounds to throw it out.

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Ed Smith

1957 B85F 1242 "The General Ike"

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If it appears that they hassle you about these questions (if the Judge is siding with the Cops) you should immediately stop and politely ask for a continuance so that you can gather evidence, IE records of the calibration, the officer's training records, etc etc. If you appear serious about this, the judge may take you seriously and decide "yeah you know what this isn't worth anyone's time" and throw out the whole case. Or he could grant it, or outright deny it. Either way you don't lose anything.

I mentioned fighting a BS speeding ticket- it was a VASCAR ticket in Pennsylvania. The two white line method. I got it dismissed by advising the Judge that I filed several motions for discovery prior to the court date- I asked for the Officer's medical records- I wanted to see when the last time he had his eyes checked. When I got the ticket it was at night, well after dark, and the white lines were very weathered. They never sent me his records even after two certified letters. I showed the judge the letters and the return receipts, advised they never sent me the records. The Judge asked the Officer about it, and he claimed to have no knowledge of my request. I then said "Your honor I cannot prove I was not speeding, and he cannot prove that I was. Therefore I respectfully request that you dismiss the charges." He didn't even think twice and banged the gavel saying "so ordered."

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TWO STROKES ARE FOR GARDEN TOOLS

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If it appears that they hassle you about these questions (if the Judge is siding with the Cops) you should immediately stop and politely ask for a continuance so that you can gather evidence, IE records of the calibration, the officer's training records, etc etc. If you appear serious about this, the judge may take you seriously and decide "yeah you know what this isn't worth anyone's time" and throw out the whole case. Or he could grant it, or outright deny it. Either way you don't lose anything.

I mentioned fighting a BS speeding ticket- it was a VASCAR ticket in Pennsylvania. The two white line method. I got it dismissed by advising the Judge that I filed several motions for discovery prior to the court date- I asked for the Officer's medical records- I wanted to see when the last time he had his eyes checked. When I got the ticket it was at night, well after dark, and the white lines were very weathered. They never sent me his records even after two certified letters. I showed the judge the letters and the return receipts, advised they never sent me the records. The Judge asked the Officer about it, and he claimed to have no knowledge of my request. I then said "Your honor I cannot prove I was not speeding, and he cannot prove that I was. Therefore I respectfully request that you dismiss the charges." He didn't even think twice and banged the gavel saying "so ordered."

General Ike wrote:

Yup... I got one thrown out in Chappaqua, NY (hometown) when I was in college.... Officer had me doing 46 in a 35.... Looked like the judge was going to go with the cop so I asked about how he knew that his radar was functioning properly. He said that they're calibrated every few months. The gun was in calibration at the time and he had the certification to prove it. I asked what method was used and he said a set of tuning forks. The judge asked if the forks were available for inspection and the PO went downstairs and grabbed them... They were 6 months expired... apparently the forks need to be replaced every so often. Case dismissed.

Edited by General Ike

Ed Smith

1957 B85F 1242 "The General Ike"

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Looks like a lot of good advice listed above. All I can offer you Tom is GOOD LUCK!! And your company's VP and lawyer show they are serious about getting your citation dismissed.

Again, GOOD LUCK! :twothumbsup:

Ken

HOF City, PRR Country, and Charter member of the "Mack Pack"

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