Thursday, November 10, 2011

Speeding Ticket/350 Man Appeal

I pulled 2 surprises out of my mailbox today.
First was a letter from the city of Chandler, AZ.
It was a photo enforcement ticket.  Chandler
is loaded with photo radar setups at numerous
intersections, I know where all of them are.  If
I were inclined to be excessively speeding, I
certainly wouldn't be doing so through an intersection that
has photo radar doing both speeding and red light infractions.

Further, I didn't remember getting flashed except a few times
a while back while driving the semi - on a green light going 5 mph BELOW
the speed limit through the intersection.  The cameras were
malfunctioning and were flashing every vehicle going through there.

I open it up.  A black car, at night, owned by a woman in Glendale
that has the same last name as me.  Yeah, whatever.  Again, I don't own
a foreign, small black car, I don't know this woman in Glendale and I
never go into Chandler at night.  Yet, the pic of the man driving the car?
Strikingly close to me.  I'm not going to reply to this thing at all.  If I
get served, then I will go to the courthouse and deal with it.

Second thing in the mail.  Well, not completely surprising, though I hadn't
really given it consideration.  350 man wants to appeal the lower court's
ruling against him for an injunction against harassment.  He has filed with
the superior court to appeal it, but no date has been given for a court date.
That's because the notice came from the Justice Court that issued the Injunction,
which is only telling me what is going on.

The thing about an appeal? Oh I have done my research on this one, long ago.
They can't bring new evidence.  They can't "retry" the case. The only argument
is about whether the facts that were presented were valid and whether the
judge erred in considering the facts that were presented.  These kinds of appeals
are rarely over-turned, but I expect this time 350 man to show up with a lawyer.

All well and good, I won't be showing up with a lawyer, as I don't need one.
This time? He will have to prove his appeal, I don't really have to prove anything.
But I may have to pay to appear.  In this case, if it isn't exorbitant, I will do so.

If it were a normal person, I wouldn't understand why this guy is going to this much
trouble.  But this isn't a normal person. He has a felony record.  If I call the police
and file a complaint that he has violated the order, well, that record will come into
play against him. The thing that he doesn't, can't or won't realize is that I will not
call the police unless he does something that crazily violates that order.  Like cussing
me out or approaching me or anyone here - at all.  In an appeal, witnesses are irrelevant.
They aren't heard.  The judge only considers the evidence that was ALREADY brought
to the original hearing at Justice Court.

I've been through this process when I won a case against the mobile home park in 2003,
I think it was, and the park appealed it to the Superior Court.  It's just their attorney against
me.  Or 350 man against me if he chooses to attempt to do this himself, but I doubt that is
going to be the case.  After my experiences with lawyers in court, I am at the point where
I have no fear of them.  They can make all kinds of threats and statements and say that
all kinds of junk is going to happen - but in the end, only the court can and will make those

I'm liking the peace I have now and don't want to lose it because this "man" might win in
appeals court, so, I will be doing my homework.  Refreshing my memory, more like it.

I'm already digging into this.  This will not happen overnight. Number one, he CANNOT get
a stay on a harassment order.  So, the order is in effect until/if/when the judge makes a ruling.
Well, this is usually a long, drawn-out process.  I find Superior Court appeals to be extremely
stimulating, to be honest, not scary or arduous. Though, going through all the information
necessary can definitely be time consuming.

Lots on my plate.  But, the photo radar ticket can go blast.  I don't have to do anything unless I
get served and then I need only show up in court.


Long interlude.  Spoke with my mother - she goes on Thursdays early morning to the yard sales in her area to find the good deals, of which she scored quite a few.  She has taken personal interest in attempting to secure items for my trailer once it finally gets up there - which doesn't matter, she won't be up there until next summer anyway.

I am thinking of getting up on the roof of that trailer and taking a stab at getting the leak fixed.  Except - it may rain this weekend.  I'm not going to be up there in the rain, thank you very much.

Also have read quite a bit of material on appeals already.  Pretty easy to find all kinds of sites dedicated to it - both from the courts and from attorneys.  The first thing that comes to mind in responding to 350 man's brief - whenever it is submitted - is that his reply to my filing for the injunction was that "I have NEVER (and he underlined the word never) had any contact with Mr B.".  That was IT, that is ALL he stated in it.  The judge, at hearing, tore that apart after asking him a series of questions, which, of course, totally undermine's 350 man's credibility.

No need to go into all of that now.  This thing will wind itself out over time. I have been through an appeals process, as I said earlier, it's not an overnight thing, in fact, it's not even in a few weeks.  It can take months and months to go through the full circuit of an appeals process.

With that, I bid you...........g'nite.


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