• There has been a recent cluster of spammers accessing BARFer accounts and posting spam. To safeguard your account, please consider changing your password. It would be even better to take the additional step of enabling 2 Factor Authentication (2FA) on your BARF account. Read more here.

Traffic Court

...
Despite all this, I lose lol. Judge's reasoning was something like "well, it's possible you exceeded the speed limit at some point, despite your distance/time average calculation." So, the burden was certainly not on the state.

Isn't there a way to appeal those?
 
Isn't there a way to appeal those?

The easiest would be if on the spot you could remind, from Case Law, the judge/commissioner on why they can’t act as the prosecutor and assume possibilities….. But like I said system is set up for regular folks to fail and most of us aren’t lawyers…
Could you appeal, sure! If you correctly file on time paperwork. Some stuff in person. Remember the Judge / Commissioner & officer both get PAID to be there, do you? How much time and gas money do you want to invest in proving your innocence?
 
Let me guess Frank Drago? Just looked it up - thankfully retired. There are places where the system is setup so well against the defendant that I will not chance it. Marin County is one of them.

I think that was his name. I actually like Marin courts very much, but that commissioner was absolutely terrible.
 
Who remember that big Marin motorcycle crackdown day for the SMR 15-ish years ago? Wonder if Drago was the judge? Inclined to think not as I understand 80% of the 30-40 people that got tickets ultimately got off...That was sure the buzz at the time.
 
Bo, just want to say your contributions here are great. It seems we used to have a few more leos ‘round these parts, but many have bailed.

I was given a break by CHP only one time, in that he had every reason to throw the book at me, but only wrote me up for 85. I had my ‘98 GSXR damn near topped out going down 87 for what seemed like quite a while (even got a little air on those bumps that used to be there) I decided that was probably not the smartest thing, so I slowed down to 90ish. Not long after that I saw flashing lights, did a quick calculation and decided to just pull over. He asked how fast I was going, I said about 90? He offered a last chance to admit it, so I answered honestly, I have no idea- As fast as I could get it to go, I wasn’t looking down! He had been trying to catch me for quite a while I guess...

Long story short, he cut me a break and I never did that again! Some of us appreciate it.
 
Back
Top