Hi Everyone, I am helping my son with his bogus traffic case in New York. The first three motions were to the lower town court. The last two were the removalMessage 1 of 2 , Apr 15, 2008View SourceHi Everyone, I am helping my son with his bogus traffic case in New York. The first three motions were to the lower town court.
The last two were the removal to federal court under the federal question jurisdiction provision challenging the constitutionality of the state law. This is where we are at at the moment.
John Hill <otoman@...> wrote:Here is a thought. I know there will not be a prosecutor at my court hearing. The fact is, if the cop is acting as prosecution, he really does not have the authority to do so, assuming he does not have a license to practice law. A person who is not licensed to practice law cannot prosecute or defend for a third party in court. A civil infraction, traffic ticket, written by a cop is theoretically for the purpose of protecting someone else! In a traffic case the officer would be acting as a prosecutor for the state, assuming there is not a licensed prosecutor present. If the judge allows him to act as prosecuter then the charges would have to become a civil suit since he does not have a license to practice law. In other words, the ticket is no longer the issue. It is my understanding that the one main element that must be present in a civil suit is that some sort of damage must have occured and have been caused by the defendent. Of course if you do not bring this fact to the attention of the judge, then it is assumed by the court that you are in approval of the officer acting as both witness and prosecution for the state. This should be done in the form of an objection before the trial even begins. If there is anything that I have learned in my studies it is to, OBJECT, OBJECT, and OBJECT some more, assuming there is reason to object. The key is to know what the reasons would be for an effective objection. If the judge refuses to dismiss the case based on the above then there is always the usual game plan of destroying the credibility of the laser gun, without going into detail. If anyone see's why my analogy is not correct then please let me know why. Thanks Much
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