Re: [DMCForum] Re: Administrative law

[Marc Levy <malevy_nj@xxxxxxxxx>]

Traffic court never gets that far anymore (in NJ).  It
is always a plea-bargain so the court gets MORE money
in exchange for saving some points on the license.

Anytime I have been to traffic court I see the same
thing over and over.  That is, the officers testimony
is taken as "fact" by the judge and for the defendant
to have any chance at all they need to prove they are
innocent.

Recently, I had a young lady pass me on a road and
come too close to my car.  In the process, her car
caught my bumper and tore it off.  I called the
police, and the officer that came ISSUED ME A TICKET! 
No point in arguing with him.  When I got the accident
report it was written as if the accident was my fault
(of course).  I also noticed the owner of the car was
a local restaurant in town.  Could it be the officer
was biased?  

I went to court to fight my ticket, but was offered a
plea.  At the risk of having points on my license (and
the insurance charges associated with it), I felt no
choice but to take the offer.

When I went to put in a claim with the girls insurance
company, I got a letter telling me the insurance was
canceled 4 months before.  So, I went to the court to
issue a ticket and was told the officer had to do it. 
I then went to the police station with my evidence and
requested a ticket be issued for uninsured.  The
officer (same officer at the accident) refused!  He
then said to me, "Why are you issuing a ticket, the
accident was your fault".  having no idea what that
had to do with the other driving being uninsured I
simply said "You were not a witness to what happened,
so how can you say I was at fault?"  With that, he
walked away in a huff.

With this law, facts and reality have no impact on the
outcome.  All that really matters is what the officer
"thinks"..  And THAT is why they are the topic of
discussions more than other professions.



--- dmcgman <DmcGman@xxxxxxxxxxx> wrote:

> Well Bob I would disagree with some of your claims. 
> For instance if 
> you fight a traffic ticket you have :
> 
> thge right to a trial
> the right to discovery
> the right to depose accusing persons
> the right to independence of the jurist (i have seen
> judges rule 
> against the enforcing agency on more than once
> occasion)


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