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-   -   bench trial (https://www.offshoreonly.com/forums/general-boating-discussion/63916-bench-trial.html)

dhlaw 11-19-2003 06:41 PM

Cord got sentenced to 10 days in the county jail, and has to forfeit his boat to the state.

US1 Fountain 11-19-2003 07:40 PM

Why would the state want a boat that has no prop? :)

GO4BROKE 11-19-2003 07:47 PM

The state can't have it, it's much too loud!!:p :D

Waterfoul 11-19-2003 08:26 PM


Originally posted by Cord
Must be why people are usually baffled by me. Yea, that must be it!
I've known you for several years now Tim, but I figured out that you are full of bullshi% the very first time we met!!!! I'm continually baffled whenever we are in the same state!!!

rjcardinal 11-19-2003 09:53 PM

One thing that has worked for a friend of mine in the past is to call the Judges clerk and get the trial postponed because you will be unable to attend on the trial date. My friend would do this a few times and by the time it went to trial the officer would not be on the correct court schedual to attend. Sometimes the officers were not even informed of the new trial date. Needless to say he got out of a few tickets when the judge would dismiss the cases because the officer was not there.

Im not saying this is the right thing to do. Im simply relaying an experience.

Me Ive gotten a ticket everytime Ive been pulled over and at the height of my sports car habit I had 14 tickets on my record at one time. I was a habitual offender and knew all the judges on a first name basis.

Ron

SheriTopGun 11-19-2003 10:32 PM

This is more than principal these idiot DNR Wardens are on a power kick, the issue absolutely is the tests are NOT being performed correctly, NOT whether the boats are too loud. You bet you fight this - I just got my notice yesterday confirming my ticket from Aug 24 was thrown out of court. NOW I didn't need to go as far as a bench trial (although I would have) because Brown County requires if you are representing yourself to meet with Asst DA first.

Here's what I brought along (thanks to some folks here); SAE Standards; go to (www)sae.org - print them ALL out, go through and find the areas that pertain to your ticket. I'm sure you can find clearly where the testing was not done properly. Don't pull these out at the beginning tho, feel out the situation before laying all of your cards on the table.

These boys are running around thinking they are hot stuff pulling over the "big boys" as they like to refer to us thinking they have a big fish with lots of bucks and they don't know the first thing about testing procedures.

Now, I agree we need to lobby, etc. but that takes time, fight it Cord - if done correctly you should win this one.

PS - the DA we met with exact words "I've dealt with DNR before (as he rolled his eyes)." I'm sure many of the DNR idiots think it's a small ticket most people will just pay BUT they are so far out of line in WI it's ridiculous. Good luck - can't wait to hear how it goes for you.!!

Cord 11-19-2003 10:39 PM

I thought about doing that, but I really wanted to get this over with. Well it is over. To say the least, things didn't go well. The cop had the book memorized. I'd ask him a question and he'd quote it from memory. Chit. I thought I had him when he said that he performed two tests. I "accidentally" flooded the engine after the first test, so I know he never conducted the second one. Never the less, he had the two readings. Judge said that he didn't believe me or my wife. He reduced the fine to $30 and added $120 in court costs. Still ended up with less than what the DA offered. Sure wish they hadn't switched judges. The other one was throwing all these noise citations out.

Mike, we will never be in the same state of mind! :D


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