"Leland C. Scott" wrote in message
. ..
On Tue, 20 Dec 2005 04:12:41 +0000, Landshark wrote:



Sorry Lee, Twist is right. The Judge can not throw out
a case like this because the officer littered.

The judge did, and that's a fact regardless of what twist may think. Did
the judge make an error in dismissing the case, maybe. The person
never did tell me the exact reason why the case was dismissed but from
their recollection of the events in court it seems it was due to the
officer littering as well.

Doubt it had anything to do with the officer littering. Most
likely he didn't prove his case or the information on the
ticket concerning the violation wasn't good enough to convict.


I've been to traffic court myself once or twice
for tickets and I've seen people have tickets dismissed even after
admitting they did it with a reasonable explanation. One thing you'll find
is no case is ever a slam-dunk, the judge has a lot more latitude in what
they can do than you may think.

Agreed, but I have been there faaarrrr more times then you, I've never heard
a case dismissed because the officer did a separate violation.
Using that logic, every cop speeding to catch a jay walker, speeder is
guilty. How about running a red light without a siren while responding
to a call? You can not dismiss a case because the officer did something
wrong while doing the performance of his duties. The only way that would
happen, is it had a direct bearing innocence or guilt on the case
to which he's involved.

The last ticket I got was for sliding in
to the back of somebody's pickup truck on a snow covered icy road
one night. The officer that wrote me the ticket "advised" me to take it to
court, which I did, and the officer didn't show so it was automatically
dismissed. How nice of him not to show up. 8-))

Lucky you. Don't always take the advise of the cop, he's not a
lawyer


Regards,

Leland C. Scott

Landshark


--
Real heroes are men who fall and fail
and are flawed, but win out in the end
because they've stayed true to their
ideals and beliefs and commitments.