Here Come The Judge! | Page 2 | FerrariChat

Here Come The Judge!

Discussion in 'New York Tri-State' started by Ciao Bello 348, Sep 13, 2006.

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  1. ClydeM

    ClydeM F1 World Champ
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    Nov 4, 2003
    12,094
    Wayne, NJ
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    Clyde E. McMurdy
    Hmmmmm, I can't find that word in either my Random House or Webster's dictionary.

    1. hobblebush
    2. hobblers
    3. hobnailed
    4. hobbledehoy
    5. hobbler
    6. highballed
    7. hobblebushes
    8. hobbled
    9. hobnails
     
  2. Fred2

    Fred2 F1 World Champ
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    Jan 2, 2005
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    nj

    When I started driving in the state, the speed limit on the Turnpike was as high as 70mph. Note that junky detroit iron, drum brakes, bias ply tires, etc was considered safe at that speed.

    Now, I am a threat to society for driving my brand new BMW at that speed?

    The speed laws are designed to raise revenue for the state.

    I'll drive the speed limit as soon as NJ state troopers do.
     
  3. Greg G

    Greg G F1 Rookie

    Hey I like this Fred guy already!!!
     
  4. whart

    whart F1 Veteran
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    Dec 5, 2001
    6,583
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    William Maxwell Hart
    This is precisely why he caved- he makes his living in front of that judge; therefore will do nothing to disturb or upset him since, unlike you, his livelihood is dependent on his appearances before that judge.

    If you really think the judge was misguided, you can probably file a disciplinary complaint. I'm not a NJ practitioner, so I have cannot advise you of the details. . It is also very possible that judges in these small courts may not even be licensed lawyers.
     
  5. ClydeM

    ClydeM F1 World Champ
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    Are you suggesting getting a lawyer who isn't from that immediate area who wouldn't be afraid to raise a few hackles? I was under the impression local lawyers are best because they are familiar with local prosecutors & judges and can apply their charms towards lenient judgements.

    Thanks for bringing this to light.
     
  6. Parikh1234

    Parikh1234 F1 Rookie
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    Apr 9, 2006
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    Shivam Parikh
    2nd that. Also smooth, I agree with Jawad. I will stop the agruement here. Its obviously pointless with you.
     
  7. rpps

    rpps Formula 3

    Aug 20, 2005
    1,828
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    Richard
    so, maybe i like to make my own words.

    i just checked dictionary.com; you're right, it doesn't exist.
     
  8. Fred2

    Fred2 F1 World Champ
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    Jan 2, 2005
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    I think your'e pretty cute, too :)
     
  9. whart

    whart F1 Veteran
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    Dec 5, 2001
    6,583
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    William Maxwell Hart
    Clyde- no easy answer to that. Generally, having a local is best, since they have relationships with the players, know the peculiarities of local practice, and know what not to do or say.
    Yet, they are subject to obvious constraints because they live, breathe and work there; few people will devote the kind of resources, strategy, etc. that are vital for sucess in a big lawsuit or criminal proceeding to a traffic court situation, and if they did, that would probably send the wrong message as well.
    Tell you a story: years ago, representing a celebrity teen singer who was being stalked by an older guy with a history of mental illness and a penchant for hi-powered rifles. He was in love with my client, and at the same time, threatening her in letters, strange packages, etc.
    He was arrested in his local ville right before she appeared in concert, and I travelled there to attend his arraignment-
    the judge was operating from a card table set in the front of a grimy linoleum room- the proceedings before us were largely traffic tickets, unpaid parking tickets and other sordid offenses. (I can't remember if he had jurisdiction over unreturned library books). Toward the end, they brought our 'guy' in wearing an orange jumpsuit and wrist and ankle shackles. The judge bound him over for the 'big' court and the proceeding was over. I attended with a local prosecutor, local criminal lawyer, private investigator and client representative. We spent time the day before the hearing talking about possible outcomes, strategies and the like. A 2 minute proceeding probably cost the client 25k dollars in early 80's money, just for the comfort of knowing she was well-advised. And, frankly, we did not a thing. Had the judge agreed to release the guy, there was probably not alot we could do to stop it. I guess my point is that you can be loaded for bear and it still might not make much difference.
    In any of my alleged driving offenses, I have tried to hire the same lawyer/law firm that does work for the police there. I then try to plead out before the case is heard, if possible. (Sometimes, that is not permitted). I never like having to rely on the whims and predilictions of the judge- and I agree that the quality of justice may not be as great on this level.
    On the other hand, and without being holier than thou, all of us have to be aware that law enforcement, public sentiment, etc. is now strongly against speeding, fast cars, etc. While i agree that much of this is about revenue for the local villes, driving fast is being increasing treated as a crime of moral turpitude that puts others at risk. Not preaching here, just observing that every time you put your foot down, you run the risk of getting clobbered by the law- suspended license, jail time, impounding of vehicle, etc. Should make you think twice, or at least be more selective about when and where you go fast.
     
  10. ClydeM

    ClydeM F1 World Champ
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    Nov 4, 2003
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    I very much appreciate you sharing your experience & insights.
    This is invaluable information when thinking through a legal strategy.

    Thank you.
     
  11. smooth

    smooth Formula Junior

    Nov 4, 2005
    682
    An excellent post by Whart.
     
  12. Nabbs

    Nabbs Formula Junior

    Dec 23, 2003
    909
    Manhattan, NY
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    Naveed
    About a year ago I got stopped in New Rochelle by some local wannabe Westchester cop while on my way to visit a friend in Pelham. I was charged with basically running a red light and failure to signal a lane change. I ended up hiring the lawyer that everybody recommends here: Frank DeSousa. The first thing I did with the tickets was plead "not guilty" and request a written deposition for both, and of course I sent in the notice for both within 48 hours by certified mail (as directed on the ticket). Frank, for his part, did two things: first he called the prosecutor and tried to plea, and then he submitted a 3 paragraph letter requesting a dismissal of all charges (more about that in a second). The plea course was rejected outright by the prosecutor, at which point Frank called me back and told me our only option was to go to court, or he would gladly refund all my money and let me change my plea. At this point, I decided to keep rolling the dice (my outcome was capped as I couldn't be found more guilty). About a week before my trial date I recieved some notification that my written deposition for one ticket was coming, but nothing on the second. So, the day before the trial, Frank submitted a request for dismisal based on the fact that I had never recieved the requested information required to mount a defense -- the judge granted the dismisal and I walked out with no points or fines. For Frank's part, he probablly only spent a few hours on my case in total, so truthfully he made out quite well considering it cost me $500 to hire him.

    I am by no means a lawyer, but I do run a defense contracting company so I (unfortunately) deal with insane contracts on a daily basis. The above event and my continued experience with contracts has led me to believe that the law is 90% proceedural. As such, a lawyer is an important tool in wading through the proceedures out there. Morality and being "in the right" are not enough if you don't file the right paperwork :) My limited experience in court has also shown me that judges have strong disdain for those who disrespect the proceedure and come unprepared. Anyway, I guess my point is that I like lawyers who can work the system and the proceedure, as opposed to one who can mount a blistering cross examination -- it's always my hope that I can stay out of court to begin with.

    Sorry about the ticket dude, just be thankful that you are contributing to the non-existant budget and revenue of the wonderful state of NJ ;)

    -N
     
  13. Ciao Bello 348

    Ciao Bello 348 Formula 3

    Oct 3, 2005
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    John C
    Whart,

    When I say he caved. He got real nervous and starting LYING and making things up about me. The judge ended up blasting him for lying. I got eff you see kay'd because of my attorney, bottom line. He told the judge that, "My client has never had a speeding ticket." Im a 35 year old man--OF COURSE I HAD A TICKET! Its been 14 years, but ive had one. Thats when the judge stopped him and all hell broke loose. What the hey possessed my attorney to say that??!! I never told him that! He never asked me. He also told him I was a volunteer fire fighter?!??!?!?!?! Where did that rabbit come from, Houdini??

    HE LIED! Im regretting the fact that i actually paid him for this.

    Im not a juiliard trained attorney, but I know more then my fair share about procedure, paperwork, case law, etc... I have always represented myself in traffic court and have been pleased with my outcome. I figured with an accusation of driving 105 in a 65 i should hire a "professional" in the jurisdiction of the court for obvious reasons. My attorney came highly recommended and turned out to be weak as circus lemonade in the courtroom. Like I said, im pissed at myself for paying the guy, but I just want this whole experience behind me. Lots of lessons learned thru this whole experience.


    Nabbs--You got lucky. Ive never heard of a judge dismissing charges for lack of/timliness of discovery. Thats as rare as Pegasus and the Unicorn playing poker together.
     
  14. jhsalah

    jhsalah Formula 3
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    Apr 10, 2006
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    Jawad
    Ciao, you got a raw deal here. This is incredible... Bordering on incompetence, especially with a judge like this. I sat and watched that same judge work for about 45 minutes before my turn came up. My lawyer had been able to get the plea down to 20days susp. of driving priv./85mph with a fine, but when it came time to explain to the judge why he should accept the plea, he tried to keep it short and sweet (although he did also claim I'd never had another ticket, which is obviously not true *outside* the tri-state area). The critical difference was when the judge pushed him back. He didn't start making sh*t up. That may work in some courtrooms, but obviously not before this judge (this judge had had a guy arrested moments before, on the spot, for failing to complete community service!)

    Because my lawyer didn't make the situation worse by pissing off the judge, it came down to me to either keep him in a good mood and have him accept the plea, or put my foot in my mouth when he asked me the question ("what do you have to say, why should I accept this plea"). I knew exactly what to say at this point (which obviously involved a lot of ass kissing and talk about the "great state of New Jersey"). Granted, I may have had an advantage here because I'm a lawyer, but it probably would have never gotten to that stage if my lawyer had irritated this judge. Anyone should have been able to see that.

    I think you should tell your lawyer you want your money back. He actually did not serve your interests, which is what he is oath-bound to do. Anyway, easier said than done, I know. Just my opinion. In any case, again, sorry things went down this way.
     
  15. jhsalah

    jhsalah Formula 3
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    Apr 10, 2006
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    Jawad
    On a lighter note, I was invited to this game last week. But the Dragon I was going to ride there was running a fever, so I couldn't go. :D
     
  16. ClydeM

    ClydeM F1 World Champ
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    #41 ClydeM, Sep 15, 2006
    Last edited by a moderator: Sep 7, 2017
    Just as well. I've heard the unicorn runs interference for Pegasus to scam the bejesus out of you. Hook up with the dogs. they run an honest game.
    Image Unavailable, Please Login
     
  17. Ciao Bello 348

    Ciao Bello 348 Formula 3

    Oct 3, 2005
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    Honest game?? Youre mad! I have 3 dogs. Unless food is part of any "deal" or "game" there is nothing honest about them.. Scavengers by heredity.

    I love them all to death, but I wouldnt classify my dogs as honest--especially my Lab Mix.
     
  18. Nabbs

    Nabbs Formula Junior

    Dec 23, 2003
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    Naveed
    Yikes! Well at least he didn't yell "is that the best ya got!? My client can do that stint standing on his head!" when the judge issued the sentence.

    Gotta love those podunk judges who think the center of the universe is smack in the middle of the folding card table which doubles for seniors bingo and doling out ad hoc justice to wayward F-car drivers :)
     
  19. Nabbs

    Nabbs Formula Junior

    Dec 23, 2003
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    Naveed
    I knew there was something slightly askew about you! I always ask my lawyer friends: "do your nipples get hard everytime a speeding ambulance rushes past you?"

    :)
     
  20. Parikh1234

    Parikh1234 F1 Rookie
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    Apr 9, 2006
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    Shivam Parikh
    hahaha so true. My dog only plays if there is food involved.
     
  21. whart

    whart F1 Veteran
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    Dec 5, 2001
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    Ciao- that is disturbing. I'm certainly not going to defend one of my brethren at the traffic bar, but no lawyer is permitted to lie to the court in the service of his client. I can't remember if you told us what your ultimate sentence was, but you might consider contacting the judge's chambers, if only to see if he would permit you leave to write a letter addressing this. I'm not sure it would incline the judge to revisit your case, but you could say that you have in the past appeared without the assistance of counsel, that in this instance, you thought it wise to have a lawyer, and that you never contemplated for a minute that he was going to start fabricating a story to defend you- that he not only disserved you, but the court as well, since this is not what you expected when you hired an officer of the court. To the extent the lawyer's dissembling and fabrication caused the judge to throw the book at you, your honor might consider revisiting the matter- since you never even discussed with the lawyer, his taking this approach, etc. If you want I can help you write it. You could also file a complaint with the disciplinary board there, to make it clear that you are not just back-stabbing your lawyer to extricate yourself. It is certainly possible that this could backfire, but it might be worth the risk if you got a decent reception to the proposal in a call to chambers first....
     
  22. Ciao Bello 348

    Ciao Bello 348 Formula 3

    Oct 3, 2005
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    I certainly appreciate you taking your time to read and recommend. I was going to follow that avenue as it is very irritating to re-live the moment in my head. I decided not to follow through. As the old saying goes, "Some things just arent worth it." The judge is a hard-ass, he made his decision and anything I do now may have future reprecussions (sp?). I can see any further actions on my behalf to be a waste of money, energy and, most importantly, time. I paid my attorney a few bucks less then he asked but agreed to accept.

    When my suspension is done, ill never think of the incident again. I chalk the whole experience under Education. Never hire an attorney (Unless its for the bad stuff like homicide, armed robbery, etc). Since I never plan on commiting such offenses, im done with lawyers except for my and my wife's will.

    I do appreciate the time you took to make recommendations. I always value your opinion and cant wait to actually go on a run and meet you face to face. If we get near a bar, first round is on me. "Three fingers of GlenLevitt with a dash of pepper and uhh.. some cheese"
     
  23. whart

    whart F1 Veteran
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    Dec 5, 2001
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    More than welcome. Look forward to meeting you as well.
    regards,
     
  24. ClydeM

    ClydeM F1 World Champ
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    Clyde E. McMurdy
    Uh oh. He's scarring me
    Whew!
     
  25. Fred2

    Fred2 F1 World Champ
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    Jan 2, 2005
    18,313
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    I consider traffic court pretty much a Kangaroo court. This is based on a speeding conviction where the arresting officer never saw me driving my car, but rather based his ticket on the fact it "Sounded" like I was going fast.
    This was good enough for the Judge.

    Another podunk town to watch out for is Harding Township, located just south of Morristown on Rt 287.
    The State troopers hide in the median to ticket traffic in the 100 yards of Rt 287 that just happen to be in Harding Township.
    Guilty until proven innocent is the rule here.
     

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