Post by lickitysplit33399 on May 23, 2023 8:03:44 GMT
“Always, always, always go to your trial date.”
“What’s going to happen is you’re going to be called, eventually,” he explains.
“The cop is going to come in. He’s going to get up there, and he’s going to talk about how he calibrated his radar gun that morning and this and that. And the various things he does to lay the foundation for his testimony.”
This is where he spills the trick to beating the ticket, so you may want to get out a pen and your notepad.
“Then he’s going to come up with a single-page summary of the traffic survey for whatever speed it was that you got caught speeding at.”
“Now, in California, we have anti-speed trap laws. It’s not legal in California to use a device to measure the speed of a vehicle unless there’s a current traffic survey for the area where they’re using that speed-detecting device like radar or laser.”
“So,” McMillan explains. “This is the deal: The cop will come up. And he has to get evidence in against you to prove that there’s a current traffic survey. So, he’ll come up with this one-page summary.”
“And that’s when you stand up and say ‘objection, Your Honor — Lacks foundation, hearsay, improper authentication. ‘”
If all goes well, the judge then dismisses your case.
McMillan holds the case up to the camera, but it’s a little blurry to see.
It’s called the People v. Ellis (1995), which you can read about here.
“Here, in this case, the court held the mere one-page summary of the traffic survey was not sufficient,” McMillan says as he reads over the case.
He then explains the nuts and bolts of how and why the strategy works.
“Either the original survey and the engineer who conducted it. Or the engineer to come in in talk about the certified copy of the summary, is necessary,” McMillan points out.
“And since the cop didn’t do the survey and he can’t testify about the authentication of the survey, it’s absolutely excluded. And he can’t make his prima facie showing, which means you’re not guilty unless you went in and admitted that you violated the basic speed law.”
“But remember, criminal (or rather an infraction), you have the right not to testify…”
“You stand there; you keep your mouth shut until the cop stands up with his one-page summary that’s inadmissible against you. Then you object. Traffic ticket stricken. You are dismissed. You go on your merry way.”
“What’s going to happen is you’re going to be called, eventually,” he explains.
“The cop is going to come in. He’s going to get up there, and he’s going to talk about how he calibrated his radar gun that morning and this and that. And the various things he does to lay the foundation for his testimony.”
This is where he spills the trick to beating the ticket, so you may want to get out a pen and your notepad.
“Then he’s going to come up with a single-page summary of the traffic survey for whatever speed it was that you got caught speeding at.”
“Now, in California, we have anti-speed trap laws. It’s not legal in California to use a device to measure the speed of a vehicle unless there’s a current traffic survey for the area where they’re using that speed-detecting device like radar or laser.”
“So,” McMillan explains. “This is the deal: The cop will come up. And he has to get evidence in against you to prove that there’s a current traffic survey. So, he’ll come up with this one-page summary.”
“And that’s when you stand up and say ‘objection, Your Honor — Lacks foundation, hearsay, improper authentication. ‘”
If all goes well, the judge then dismisses your case.
McMillan holds the case up to the camera, but it’s a little blurry to see.
It’s called the People v. Ellis (1995), which you can read about here.
“Here, in this case, the court held the mere one-page summary of the traffic survey was not sufficient,” McMillan says as he reads over the case.
He then explains the nuts and bolts of how and why the strategy works.
“Either the original survey and the engineer who conducted it. Or the engineer to come in in talk about the certified copy of the summary, is necessary,” McMillan points out.
“And since the cop didn’t do the survey and he can’t testify about the authentication of the survey, it’s absolutely excluded. And he can’t make his prima facie showing, which means you’re not guilty unless you went in and admitted that you violated the basic speed law.”
“But remember, criminal (or rather an infraction), you have the right not to testify…”
“You stand there; you keep your mouth shut until the cop stands up with his one-page summary that’s inadmissible against you. Then you object. Traffic ticket stricken. You are dismissed. You go on your merry way.”
You're welcome.