Re: The VW Jetta GLX Mailing List Digest V4 #152

["Brian McDonald" <brian@unt.edu>]

Chadwick,

To add a little legal sanity to this "debate" I enter my opinion as no, you
most likely can not get out of the ticket you recieved. I'm not sure which
state you live in, but you will probably be able to go down to your pubic
library and check out a little 700 to 1000 page book detailing the rules and
regulations for the operation of every motor vehicle you can think of.  Some
states include a "margin of error" clause that gives officers leyway when
reporting trivial facts like exact color and or make of a vehicle.  Now back
to your case...In order for you to recieve a not guilty verdict you MUST
proove that you did not commit the crime mentioned on your notice to appear.
For example if the date was incorrect you could easily gather evidence
contradicting the charge.  Items like credit card reciepts from the date and
time of the alleged offence, especially ones printed  a great distance away
from the scene of the offence, work wonderfully.  (Don't forget to sign your
sales slip).  In this case, you are disputing the charge, not a detail about
your care.  I have spoken to various judges (the people who decide your
fate)  and most will not throw out cases in which minor details are not 100%
correct.  Another thing to remember, is that in order to plea not guilty,
you will have to stand trial.  The prosecutor is not stupid.  He will of
course have the first word in the case.  He will call the officer and spend
half an hour going over everything from the location of the alleged offence
to the calibration techniques used on the radar.  He will cover all bases as
he does not know what your defense might be.  You will then take the floor
and say I drive a Jetta.  You will most likely lose and depending upon your
state have to pay court fees.  As for the gentleman who believes in irony
and wishes for you to be charged as if you adjusted your odometer, he's
stretching so far it hurts.

That's all.

-Brian McDonald
2000 Jetta GLS VR6