Re: Do I have a chance?????

["Ken Cory" <kcory@xxxxxxxxxxxx>]

My response below--KCC
- ----- Original Message -----
From: "Ron Buchalski" <rbuchals@domain.elided>
To: <ddrk1@domain.elided>
Cc: <bmw-digest@domain.elided>
Sent: Thursday, January 04, 2001 8:49 PM
Subject: Re: Do I have a chance?????


> >Date: Wed, 03 Jan 2001 18:24:19 -0000
> >From: "ddrk1 **" <ddrk1@domain.elided>
> >Subject: Do I have a chance?????
> >
> >Happy New Year All!
> >
> >Here is the first one of the year for me.  I have an interesting
situation
> >that I'm hoping some of you police officers or lawyers might be able to
> >help me with.
> >
> >Last year in January I recieved a speeding ticket here in Los Angeles.  I
> >was cited for 91mph in a 65mph by the CHP.  Now the interesting part of
> >this ticket was that I wasn't going 91 and that the officer didn't tell
me
> >anything about how fast I was going until I read it on the citation
before
> >I signed it.  When I asked him about the citation and what he put down he
> >simply threw an attitude and said that's how fast I was going.  Anyways
> >back in around September or October I recieved a call from a CHP
> >investigator. She told me that this officer that gave me that ticket had
> >recieved so many complaints about his behavior that an investigation had
> >been opened on him. She interviewed me about what happened and I haven't
> >heard from her since.
> >
> >Now my question to you all is what are my options?  Is there any chance
for
> >me to have that ticket removed from my DMV record?  Is there anyway I can
> >file an appeal?  If I'm not mistaken in a court all you have to to is
> >create a doubt in the judges mind.  Isn't this investigation enough to
> >doubt the officers credibility? Is it too late??
>
> Did you already admit guilt and pay the fine?  If so, you're S.O.L.
>
> The officer's credibility doesn't mean $hit if you admitted that you were
> driving 91 in a 65 mph zone.  By paying the ticket, you admitted guilt.
>
> You needed to create doubt in the judge's mind by going to court and
> fighting the ticket.  What do you want to do?  File an appeal and tell the
> judge that you really lied when you said you were going 91 mph?
>
> What's going to sound like a _real_ lie?
>
> Sorry...
>
> -rb

Au contraire, mon ami.  While it is generally true that withdrawing a guilty
plea after rendition of sentence is difficult, this sounds like one of those
times you could get it on.  Assuming, that is, that there has been some
finding that this officer was doing to others just what he did to you, or
even that CHP launched an investigation into these allegations.  The records
of that investigation may be obtainable by subpena, but you might have to
file a motion to withdraw the plea first.  Hey, I didn't say it would be
easy.  Depends on how important it is to you.

It is readily believable that the average citizen would pay the ticket
rather than take the time to take it to trial, even when the citizen did not
believe himself to be guilty.  It would be less believable if this were a
major crime with big sentencing consequences, but it was, after all, "just a
traffic ticket."  Using an attorney would greatly increase your chances of
getting it on.
KCC

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