RANT! stupid san jose judge
02-20-2008, 10:38 PM
#121
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Didn't feel like reading through the whole thread, but I completely agree with this post. Within 6 months of getting my license, I already got pulled over. (though, luckily haven't gotten a ticket since then, for over 4 years) Since I was a minor I had to ask a judge for permission to do a trial by declaration. The judge asked me why I wanted a trial by declaration. I stated that a trial will interfere with school, work, and there's a whole bunch of traffic so it'll take a while to get there. Judge responded with "I will not grant this to you because this court is not that far and I want to see your pretty little face again."
Judges obviously need to make an example because, I admit, most teenagers don't give a crap about speeding laws. Some feel that they need to "intimidate" them more to try and learn, it's just their way of enforcing the law.
Judges obviously need to make an example because, I admit, most teenagers don't give a crap about speeding laws. Some feel that they need to "intimidate" them more to try and learn, it's just their way of enforcing the law.
02-20-2008, 10:41 PM
#122
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Fair or not, I bet you'll avoid going over the speed limit for quite a while. Keep it to below 10 over.. that's what I try to do .. usually 
She might have been racist.. who knows. She could also just be really harsh on young'uns or had a bad day (Roo knows about this when he startled a cop as we rounded a bend a few months back.. dinged him for crossing double yellow when he didn't
). As for the others in the courtroom, I wasn't there, but not showing up is a pretty serious issue for a judge, so not surprised at a $1500 fine. Let's hope for the best and assume she's just a real hardass.
Right now, sounds like there's nothing you can do about that except ask for a rehearing and try to avoid her. The second judge probably can't hit you harder than she did, right?
Also, the judges probably have access to all your records, convicted or not, and that's going to color their judgement. Has there been anything that smells of street racing? Mods perhaps? You say 'first moving violation'... what non-moving violations are on your record? Anything that would make her throw the book at you?
Finally, ask yourself if someone a different race than you had the same age, record, experience, suit, etc., is it possible they'd get the same punishment?
Anyway, sorry to hear you lost your license. Judges want to see that you're genuinely sorry and won't recommit. They don't owe you anything, so the best you can do is to appeal to their sense of fairness and compassion.
She might have been racist.. who knows. She could also just be really harsh on young'uns or had a bad day (Roo knows about this when he startled a cop as we rounded a bend a few months back.. dinged him for crossing double yellow when he didn't
). As for the others in the courtroom, I wasn't there, but not showing up is a pretty serious issue for a judge, so not surprised at a $1500 fine. Let's hope for the best and assume she's just a real hardass.Right now, sounds like there's nothing you can do about that except ask for a rehearing and try to avoid her. The second judge probably can't hit you harder than she did, right?
Also, the judges probably have access to all your records, convicted or not, and that's going to color their judgement. Has there been anything that smells of street racing? Mods perhaps? You say 'first moving violation'... what non-moving violations are on your record? Anything that would make her throw the book at you?
Finally, ask yourself if someone a different race than you had the same age, record, experience, suit, etc., is it possible they'd get the same punishment?
Anyway, sorry to hear you lost your license. Judges want to see that you're genuinely sorry and won't recommit. They don't owe you anything, so the best you can do is to appeal to their sense of fairness and compassion.
Last edited by drtofu; 02-21-2008 at 07:30 PM.
02-20-2008, 10:49 PM
#123
uhm from what i remember they dont get a copy of the ticket but only the violation code. all of the tickets i have recived in the past 2 years have all be fix it tickets including the one with me going "50" in a 25. that was also a fix it ticket for my exhaust. like i said in the very first post, this IS MY FIRST MOVING VIOLATION! and when the judge asked me waht do i plead, i pleaded guilty with the request of traffic school if that is possible. she replies you are ignorant and irresponsible and should learn the speedlimits before you kill everyone.
ok this is how i said it
judge: " mr. heng you have a choice to plead guilty, not guilty or no contest"
judge: what do you plead?
me: your honor, i plead guilty with the request of traffic school
judge: i will not issue traffic school because your are ignorant and irresponsible and need to learn how to drive and follow the speed limit before you kill everyone"
me: in this case then your honor i would liek to plead guilty and pay the 213.50 fee
judge: the fee is going to be 436 now
me: your honor, on the courtesy notice it only says 213.50
judge: thats before you saw me, im changing it now because you have no respect
judge: will you hav eenough to pay?
me: no your honor i only brought 300, i will have to fill out the paper for an extention to pay
judge: then grap a clip board and go sit down and fill it out.
1 hour later....
judge: mr, heng please come up to the table
me: (walks to the desk)
judge: have you finished filling out the form for the extention yet?
me: yes your honor i have
judge: put it into the basket.
me: yes your honor( puts it into the form basket)
judge im going to suspend your lisence for 30 days now because you need to learn how to drive.
me: your honor it will be hard for me to do errands with a suspended lisence as i pick up my little brothers from school and go to work after i drop them off at home.
judge: looks like you will have some transportation problems. tell someone else to pick up your family members and tell your employer he can find someone else take your position or put you on hold.
me: ok then your honor will this be all?
judge: yes, you may leave
me: (walks out)
and that is exactly what i said
judge: " mr. heng you have a choice to plead guilty, not guilty or no contest"
judge: what do you plead?
me: your honor, i plead guilty with the request of traffic school
judge: i will not issue traffic school because your are ignorant and irresponsible and need to learn how to drive and follow the speed limit before you kill everyone"
me: in this case then your honor i would liek to plead guilty and pay the 213.50 fee
judge: the fee is going to be 436 now
me: your honor, on the courtesy notice it only says 213.50
judge: thats before you saw me, im changing it now because you have no respect
judge: will you hav eenough to pay?
me: no your honor i only brought 300, i will have to fill out the paper for an extention to pay
judge: then grap a clip board and go sit down and fill it out.
1 hour later....
judge: mr, heng please come up to the table
me: (walks to the desk)
judge: have you finished filling out the form for the extention yet?
me: yes your honor i have
judge: put it into the basket.
me: yes your honor( puts it into the form basket)
judge im going to suspend your lisence for 30 days now because you need to learn how to drive.
me: your honor it will be hard for me to do errands with a suspended lisence as i pick up my little brothers from school and go to work after i drop them off at home.
judge: looks like you will have some transportation problems. tell someone else to pick up your family members and tell your employer he can find someone else take your position or put you on hold.
me: ok then your honor will this be all?
judge: yes, you may leave
me: (walks out)
and that is exactly what i said
if i were the judge and knew all of this and ask you how you plead (not why are you here) and you say "guilty with the request of traffic school," i would get the impression that you have a disregard for the law and you're trying to get away with more by keeping this ticket off your dmv record. maybe your approach should have been to tell her you were pleading guilty, then wait for her to ask you why you were there.
you then responded to her by saying, "in that case you'll pay the fine." it may have helped to acknowledge that yes, you were being irresponsible by speeding before you said you were just going to pay off the fine instead. that may be why she raised your fine.
now you challenge her by telling her that the fine was 213. that may not have been your intent, but that's how she may have taken it. to her, you obviously have not learned the lesson yet.
so far, you have not acknowledged and/or agreed with anything she has said to you: she asked for one thing, you gave her an answer but asked for more. she said no and told you why and you told her then you'll do something else instead. she tells you the fee is raised and you point out that that's not what the ticket says.
when you return, you get your liCenSe suspended. that may be harsh, but you have not shown much respect for her.
this is all assuming you spoke in the politest tone possible and did not show any signs of attitude when she denied your traffic school and raised your fee. but judging by your rant here and you lashing out at all iclub members that didn't have your back 100%, i don't think that was the case. you also mentioned in your OP that you were offended - she probably noticed that. it's not just about the clothes you wore and the words you used, but it is about your body language and the tone of voice you used.
02-25-2008, 06:17 AM
#126
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if you plead guilty means -- " F... ME IN THE *** "
if you plead NOT Guilty -- " F... YOU YOUR HONOR "
if you plead no contest -- " im very sorry i wont do it again "
and when you plead guilty you pretty much ****ed your self over hahaha. the judge can either lower or give you the maximun fine for it. i always plead " no contest " when it comes minor stuff. and all the time the tickets gets ruduce in haft of the piosted bail amount.
i been to court many many times. from felony, meisdeminor, or simple infraction. and its unfair most of the time. but there are times i felt rewarded
if you plead NOT Guilty -- " F... YOU YOUR HONOR "
if you plead no contest -- " im very sorry i wont do it again "
and when you plead guilty you pretty much ****ed your self over hahaha. the judge can either lower or give you the maximun fine for it. i always plead " no contest " when it comes minor stuff. and all the time the tickets gets ruduce in haft of the piosted bail amount.
i been to court many many times. from felony, meisdeminor, or simple infraction. and its unfair most of the time. but there are times i felt rewarded
Last edited by downsti; 02-25-2008 at 06:25 AM.
02-25-2008, 12:22 PM
#128
Hey man, The whole situation sucks... You can try to get another hearing but If it was me I would have just rolled with the original ticket...
I will admit that I am a pretty lucky guy, most tickets I got out of before the cop issues them...
When I was 16 I got a warning and then a reckless driving ticket less than a month apart... both times I was pulled over by the same cop and I hadn't even had my license for 6 months...
3 months later, I went traffic court and the judge was really cool... I was sitting there with my parents just telling him that I was a good student that they took my license and made me pay then $800 (Which I did) and he amended my reckless ticket to a speeding ticket and dropped the fines from $500+ to $129... I never had the option of driving school before or after the court hearing...
3 months after that (6 months after the incident) the DMV finally kicks in and tells me I have 2 points and my license is suspended for 30 days...
It sucks... In my case it wasn't the judge that got me it was the DMV...
then last October I got two tickets... a fix it for my roof lights and a ticket for losing control on a mountainous road... since the infraction resulted in an accident I didn't have the option for traffic school and I got slapped with another two points...
Long story short... I am an 19 year old driver with three tickets and four points on their record...
You just have to go with what happends man...
I will admit that I am a pretty lucky guy, most tickets I got out of before the cop issues them...
When I was 16 I got a warning and then a reckless driving ticket less than a month apart... both times I was pulled over by the same cop and I hadn't even had my license for 6 months...
3 months later, I went traffic court and the judge was really cool... I was sitting there with my parents just telling him that I was a good student that they took my license and made me pay then $800 (Which I did) and he amended my reckless ticket to a speeding ticket and dropped the fines from $500+ to $129... I never had the option of driving school before or after the court hearing...
3 months after that (6 months after the incident) the DMV finally kicks in and tells me I have 2 points and my license is suspended for 30 days...
It sucks... In my case it wasn't the judge that got me it was the DMV...
then last October I got two tickets... a fix it for my roof lights and a ticket for losing control on a mountainous road... since the infraction resulted in an accident I didn't have the option for traffic school and I got slapped with another two points...
Long story short... I am an 19 year old driver with three tickets and four points on their record...
You just have to go with what happends man...
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