How to kick ass in traffic court, pro se (without a lawyer):
Quote:
Dear Ms. Monroe-Ball:
This letter is written to apologize for the unfortunate experience you had before the Municipal Court for Knoxville, Tennessee, in September, 2007. I was sitting as Special Judge that day, and I deeply regret any misunderstanding of the process, or resentment for any unnecessary remark that I made during the presentation of your case.
Let me begin my review of this unfortunate incident with my remarks made at my summation, after evidence had been presented in the case. I was asked by Municipal Court to rule on the merits of your case, and not comment on the presentation. That is true whether you are represented by an attorney or not. There simply was no reason for me to begin my remarks with that statement, and it added nothing to the decision that had to be made. For that remark, I am truly sorry.
While I believe that I was technically correct in ruling on the points that you made in your presentation of the case, I should have taken time to explain more clearly to you what I was doing. First, the office presented his evidence, and answered, in response to a question from me, that the calibration of the detection equipment was working properly that day. When you asked on your examination of the officer whether the equipment was in working order, I stopped you, and thought I made an adequate explanation of the reason for doing so. One a Court settles, in the mind of the Judge, that a point is made, such as this technical question concerning calibration, it is not proper for anyone to continue to address that point. I should have explained that more clearly to you.
The other points that you attempted to make, the construction of the highway and the speed limit itself, are issues that are well beyond the ability of the Municipal Court to decide. Speed limits are set by the City of Knoxville, in coordination with the State of Tennessee and, ultimately, the Federal Government where it concerns an interstate highway. Likewise, the engineering that goes into the construction of the highway is mandated by the agencies, Federal and State, that are responsible for building it.
While I made the right technical decision in ruling against you on these points, I should have made sure that you understood why I made those rulings, and given you and opportunity to respond to those rulings. I believed that I did during the presentation of your case, and my review of your brief. However, it is apparent in looking back at the incident that I should have done a better job.
Than you for this opportunity to address the hearing that was held last September. I apologize for any discourtesy that was extended to you, and for any negative impression that you had of the Municipal Court as a result of my actions on the bench. I appreciate the opportunity to make this statement to you, and hope that you will accept my apology.
Very truly yours,
John W. Routh
There you have it. He apologized for the subject violations, but not the objective ones. I never talked about the construction of the road, and he clearly could not stop me from cross examining the witness. But I am the first person I've ever known to actually get a letter of apology from a Judge. It's a moral victory.
To freedom!!!
Tona Monroe-Ball
VoteTona.org
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Tona is currently campaigning for state legislature in the Dragon district at Deals Gap (motorcycle heaven or hell), and is a member of the
National Motorists Association, those nice folks who reversed the 55 mph speed limit. NMA will pay you to fight your speeding ticket if you lose, and
NMA will pay you up to $5,000 to fight robocop tickets. And she's a Southern girl. So what's your excuse?
How she did it:
1. Got suspended license reinstated for free: Tennessee Code forbids city courts from suspending licenses for speeding on interstate below 70 mph, especially when the case is already on appeal! Letter to city attorney threatened legal action if The Law was not complied with. (she read the
state statute)
2. Filed complaint against judge with TN Court of the Judiciary. Judge reprimanded in secret hearing, forced to write letter of apology. (
complaint form on court's website)
3. Won appeal in state circuit court, after city attorney forgot to enter exhibit of city ordinance. State courts are not allowed to take judicial notice of city ordinances without a certified copy entered into evidence. She made a motion to dismiss after plaintiff rested its case. CASE DISMISSED. (per my coaching since I won the same way in the same court, by reading
TN Rules of Evidence)
4. Filed Bill of Costs to refund her $300 appeal bond, plus pay her legal expenses. (
TN Rules of Civil Procedure)
Note that KPD sues 200,000 annual tickets in city court, in a city with only 160,000 residents, and keeps an illegal secret docket, with no accounting of that revenue as proven by state audit (
courtesy of yours truly). They are currently sued in a
federal class action to refund over 100,000 robocop redlight tickets that send $1-million taxdollars a year to AUSTRALIA. Of course it is felony treason for city council to vote to replace KPD, replace city court, and replace city government with a private military contractor in a foreign nation. Under US Code, the punishment for treason is death.
See also:
How to win in traffic court without a lawyer
How to LEGALLY drive 212 mph on a public highway, as seen on History Channel