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Wednesday, January 28, 2009

Chat with Judge Can Make it All Right - but not here

Apparently a neighboring state differs in its procedures for resolving speeding tickets. In that state, the violator can just show up and "chat" with the judge about the situation and the judge will make things alright, at least cutting the fine in half--the officer who issued the ticket doesn't even show. In our state, no chatting is allowed; you get to make your plea and if you plead not guilty you get to go to trial. Today a citizen of a neighboring state just wanted to "chat" with the judge. I did, with the officer's agreement, reduce the charge by 3 miles to get the fine down and the citizen pled guilty; then he got to ask the judge some questions. The judge explained the differing procedure in our state-no chatting. He also explained that there was no way in our state, without taking some defensive driving course, to have the ticket not count toward points on your driving record. I appreciated the education the judge gave, as I had no idea what the procedure was in the neighboring state or why this gentleman thought he could get a special deal by chatting with the judge and not having the trial.

Saturday, January 24, 2009

The Case for The Prosecution

Two weeks into a new job as a deputy prosecutor in a rural western county. Make that chief deputy prosecutor in a rural western county. So far I've probably irritated juvenile probation and parole by giving a juvenile a complete gift on a plea deal, and definitely disappointed the fish cops by dismissing their charges against a pair of fishermen (husband and wife) for lack of probable cause on one of the elements of the crime. The crime only had two elements and the second element is triggered by the first, which must be in the form of a request to see the catch. The second element is the failure to show the catch. They wrote the ticket for failure to show the catch, but never actually requested to see the catch -- they felt the request was implied when they asked the folks how many fish they had caught. Later, the judge asked why I had dismissed the charges, he entirely agreed and mentioned bad or overcharging by the fish cops.

Saturday, January 03, 2009

UTAH #1

At least there's one "bama" that lost.

Utah played a great game. The Crimson Tide seemed incapable of consistently stopping the consistent pass attack. Bama just couldn't seem to put together the SEC trademark "smashmouth" football - and it looked like they quit trying and went to the air, only to go down in flames.

The Utes are the only undefeated team and are, without a doubt, the number 1 team in college football this year. They played several good, ranked teams. The big money BCS won't give any team from one of the "other" conferences a shot for number 1 - but the truth is there for anyone willing to see it. The SEC has feet of clay and so does the BCS system. The BCS is rigged for the big conferences with the big money.

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