Traffic violations aren't handled by juries, nor are evidence hearings in criminal prosecutions. Judges, not juries, decide whether evidence is admissible in court.
Verbal warning
Discussion in 'Trucking Industry Regulations' started by RMc87, May 2, 2018.
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A traffic infraction would be PC for the stop, so there is zero chance a random stop will end up in traffic court. In a criminal trial, a jury has the right to acquit for whatever reason they deem worthy...including a belief that the stop never should have happened in the first place. The jury even has the power to say "yes, we know he's guilty of breaking the law but we believe the law is wrong, therefore we acquit"...it's called jury nullification.
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This reminds me of my first year driving. I got a written warning for 59 in a 55. Had to get it signed by the company. Boss was like "wtf is this?"
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Here in Mississippi the DOT or the MHP motor carrier division randomly stops trucks with no PC for inspections. They sit in the median and will turn on their blue lights as you approach and perform the inspection in the medians and assign a citation or clean inspection.
If a ruling on a trial is possibly incorrect or challenged, it moves to the next court up until the Court of Appeals/State Supreme Court. That’s where people like my wife, who is a staff attorney for the State Supreme Court, review the case and either uphold the decision, or rule against it based on procedure and pass it back down to the lower court to rehear. The decision has to be signed on by a majority of the judges before it’s passed back down. Part of the checks and balances in the state. -
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I believe in the Jury Nullification, however that is one of the things told to a selected jury usually that is seated for trial as not a option. It's a either or or not (Guility or not etc.)
Most people who are swept up into a Jury Box wont have the knowledge to comprehend or apply Jury Nullification within our Laws.
I myself was called to serve a number of times until the doctors made them stop that. And did some reading directly from our laws related to that subject.
As far as the truck's speedometer with a accuracy of +/- 5 mph tolerance has become obsolete. My laptop GPS revealed a FFE practice of running max 63 gps while showing 65 on the speedometer when the averages against several appointment times kept getting towards being late and not quite 65 on the stopwatch mile markers to check it.
FFE told me that thats it is the way the company trucks are set up and plan on 63 trips instead of 65 or whatever. It was not something generally advertised to drivers back in those days.
As far as speed tickets etc. Those can be fought by the data saved off the GPS in real time down to 10 feet anywhere on the planet surface in real time when combined with a camera that has it. Essentially I dare a officer tell me I did 80 in a 55 with a 63 governed truck upgrade. A few minutes of court time will dispose of that ticket in a hurry. For example with the video, gps speed etc. Which will also include the length of time sitting at Zero in front of the police car during the traffic stop for a certain number of minutes.KB3MMX Thanks this.
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