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5737
This is page www.lawyerdude.8k.com/5737.html
This page is mentioned on my demurrer page: www.lawyerdude.8k.com/5736.html
This page should be mentioned on personal traffic page:
The page should be mentioned on the page about my previous demurrer:
Winning Demurrer on Vehicle Code 16028 - Driving without Insurance
Tuesday, February 25, 2003 2:39 pm This just in. Lawyerdude wins in traffic court today.
Lawyerdude says: I received an insurance ticket on 2 December 2002. I demurred. Today a commissioner dismissed the case against the will of the district attorney on the court's own motion. This judge is a former prosecutor. I have known him for many years. He was opposing counsel in at least one case regarding sex offender. This guy is Gary Barrett. He is the one who wrote me the letter years ago when I asked the D.A. to prosecute a speeding police officer. "We do not procecute citizen complaints on infractions" he said in that letter years ago.
Today after the break he called us up for a sidebar conference. He told Prosecutor Taylor the following:
"I reread the statute. Mr. Palaschak is right. The ticket is defective if it is written only for insurance." He said to me “I am trying to save you a trip back to court” which means that he is telling the prosecutor to dismiss. She made some kind of excuse to wait a few minutes. We sat down.
Then some well dressed young cop came to court and told the prosecutor something about the case. This was not the cop who wrote the ticket. I am guessing he was a liaison and had been dispatched to get a message to the cop who wrote the ticket.
Then Commissioner Barrett called us up again for a sidebar. Prosecutor Taylor said something that I could not hear clearly, like maybe "I checked with our officer. There was no other offense.” The she said “I guess we will just have to take the hit." But she did not move to dismiss. Therefore the judge moved
to dismiss.
I posted the winning demurrer some weeks ago. it is www.lawyerdude.8k.com/5668.pdf http://groups.yahoo.com/group/lawyerdude/files/5668.pdf
If you cannot read pdf then try the html version at http://groups.yahoo.com/group/lawyerdude/files/5668.htm