From: asylvain@felix.filenet.com (The Chipmunk)
Newsgroups: ca.driving
Subject: Re: Speeding ticket fine reduction
Date: 14 Sep 92 20:25:22 GMT
Reply-To: asylvain@fritz.filenet.com (The Chipmunk)
Organization: Foundation for the Increased Wealth of Chipmunks

Written in article <BuFx3D.CKw@storcon.uucp>
 by john@storcon.UUCP (John Hunley):

: In ca.driving, judson@watnxt2.ucr.edu (Michael Judson) writes:
:
:|> Has anybody ever contested a speeding ticket to plea for a lower fine.
:|> [...]

: My experience observing several days of traffic courts (bear in mind that
: this is in Fullerton Division 1, your mileage may vary):
: [...]
: My personal opinion is that in
: cases where one is technically guilty but the "violation" is something that
: didn't endanger/inconvenience/threaten anybody (like exceeding 55 on a
: freeway), one should still use the system to its fullest possible extent.
: This not only gives you a chance to get off on a technicality, but helps to
: show those who observe the system in action how ridiculous some of our laws
: are.

: Maybe if enough of us flooded the courts with speeding and parking
: ticket cases, they'd eventually have to do something to ease the load (like
: stop writing so many trivial tickets).  Perchance to dream...

: John Hunley

I used to think this, but in traffic school last week, I heard something
somewhat troubling.

The traffic court system is now designed *_de_facto_* that you are
GUILTY until proven INNOCENT, the reverse of what it's supposed to be.

This is done in persuit of expediency.

Look at it, it's true.  The cop is considered an "expert witness," even
tho he's NOT a "witness for the prosecution," per se, but is actually 
your accuser.  As the accused, you are automatically put at disadvantage.

Unless you have hard evidence and/or witnesses, your case against this
"expert witness" is very nearly hopeless ... EVEN IF YOU'RE 100% INNOCENT.

You are sent your accusation by mail.  It's horribly easy to simply send
in the payment, like it was a credit-card bill, and just be "guilty."
No arraignment, no trial, no plead, nothing.  But if you want to plead
"not guilty," you must a) pay the bail, b) show up, c) allocate a whole
day to the proceeding, with no guarantee that it will be the ONLY whole
day, etc. etc.

Once upon a time, I showed up to court to plead my case.  The cop didn't
show up, case dismissed, Great!  This time, I showed up, only to find 
that they will CALL the cop if they have to.  Cop's on vacation?  NO 
PROBLEM, the judge gives the PROSECUTOR a continuance.  (They WANT YOUR 
MONEY!!)  The poor victim must come back in 2 weeks, for another whole
day.

You want a public defender?  More trouble.  Jury trial?  More trouble.
They have made nothing easy for you.  Unless traffic school isn't an
option and you're only one point from losing your license, it's very
nearly less expensive to pay the ticket and increased insurance.

In the interests of expediency, you are assigned GUILTY status by mail, 
and sent a bill.  The burdon of proof of your innocence is on YOU.

-- 
The Chipmunk.
Opinions are mine, void where prohibited, taxed, licensed or regulated.
If you make people think they're thinking, they'll love you; but if you
really make them think they'll hate you.