Bob Razler on Mon, 11 Mar 2002 16:58:07 -0500


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RE: [PLUG] WAYYYY Off Topic.... [Speeding Ticket]DOOH!!


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If I remember my evidence rules (it's been a while) the record of the
ticket is either a business record or an official record which is not
considered hearsay and therefore admissible.  What they do need to
prove is that the record is the record from the officer (chain of
custody issue).

Robert J. Razler, Esq.
Approvals Manager
Heritage Building Group, Inc.
Suite A-100
3326 Old York Road
Furlong, PA 18925
215.794.0550, ext. 117
www.heritagebuildinggroup.com
brazler@heritagebuildinggroup.com
PGP Public Keys available at:
http://www.razler.com/PGPKey.htm

- -----Original Message-----
From: eric@lucii.org [mailto:eric@lucii.org] 
Sent: Monday, March 11, 2002 4:55 PM
To: plug@lists.phillylinux.org
Subject: Re: [PLUG] WAYYYY Off Topic.... [Speeding Ticket]DOOH!!

I'm not a lawyer but I'll bet if you dig through the rules of 
evidence you'll find that "someone from the department" does not
have "first hand" knowledge... CRITICAL for evidence.  I'll bet
if you had a copy of and could cite this rule you'd be able to
get the evidence (ticket) thrown out. <evil grin>

Say... you were sober, right?  I don' want any 90 mph drunk 
driver slammin' into my family car  some Saturday night!

Eric

On Mon, Mar 11, 2002 at 02:47:10PM -0500, Bob Razler wrote:
> Hello:
> 
> 	Sometimes it works, but the actual officer that wrote you the
> ticket
> doesn't have to show up.  Just someone from the department with the
> records.  So usually someone is always assigned "court duty" for
> that day.
> 
> Robert J. Razler, Esq.
> Approvals Manager
> Heritage Building Group, Inc.
> Suite A-100
> 3326 Old York Road
> Furlong, PA 18925
> 215.794.0550, ext. 117
> www.heritagebuildinggroup.com
> brazler@heritagebuildinggroup.com
> PGP Public Keys available at:
> http://www.razler.com/PGPKey.htm
> 
> -----Original Message-----
> From: plug-admin@lists.phillylinux.org
> [mailto:plug-admin@lists.phillylinux.org] On Behalf Of W. Chris
> Shank Sent: Monday, March 11, 2002 1:38 PM
> To: plug@lists.phillylinux.org
> Subject: Re: [PLUG] WAYYYY Off Topic.... [Speeding Ticket]DOOH!!
> 
> DOOH!
> 
> i've found that if you show up for a hearing, sometimes the cop
> won't and it 
> will be dismissed. also, just showing up and being pathetic has
> worked fo rme 
> in the past as well.
> 
> also - if you have military experience - let 'em know - that can
> help.
> 
> chris
> 
> On Monday 11 March 2002 09:54 am, you wrote:
> > Hi all... Saturday night I got a gigantic speeding
> > ticket on 202. Apparently I was doing 90 in a 55 zone.
> > Sounds a bit faster than I was going but we'll see.
> > Anyway, I was wondering if anyone had any info I can
> > look up/ web sites, etc to help me out with fighting
> > it? Here are the particulars...
> >
> > Officer was a local Tredyffrin Township officer.
> >
> > I was driving on US202 at the time. (Can local
> > officers give tickets on US highways?)
> >
> > The speed timing device was the "Tracker" which is
> > manufactured by Kustom:
> > http://www.kustomsignals.com/product_body2.asp?product_id=39&cat_i
> > d= 6&strpa 
> >gename=speed
> >
> > The last time it was calibrated was February 4th.
> > I got the ticket saturday night, March 9th. (don't
> > these things have to be checked every 30 days?)
> >
> > The distance he followed me was .85 miles. (Is there a
> > minimum distance they have to follow you for using
> > this device??)
> >
> > The penalty is a bunch of money, 5 points, and a
> > hearing so you can imagine I'de like to find enough
> > holes (if any) in this ticket to fight it. Sorry for
> > getting off topic but Im pretty desperate to beat this
> > and this is a local list. Thanks in advance for any
> > suggestions!!!   - JP
> >
> > =====
> > JP Toto
> > ViceClown@yahoo.com
> >
> > __________________________________________________
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- -- 
#   Eric Allan Lucas 
# "Oh, I have slipped the surly bond of earth
#  And danced the skies on laughter-silvered wings..
#              -- John Gillespie Magee Jr.

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