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Traffic Court – not the Police Prosecutor is acting as an attorney are two legal grounds for dismissal!
The state of New York decriminalized offenses child trafficking in 1934 with the creation of "civil traffic violation. New York opened the legal path that other states quickly followed by misdemeanor of decriminalization by the adoption of civil traffic violation.
The creation of civil traffic offense, the court allowed to eliminate jury trials of expensive traffic tickets. The court reasoned that jury trials are not needed because the crime had a "wrong" only a "small" civil penalty as a possible penalty and no possibility of a prison sentence.
The following tort causation was the prosecutor. The Lawyers are expensive and therefore, many states have decided that the lawyer / prosecutor was not needed for civil traffic violation – the Conference of the Parties could the prosecutor. Other states like California, streamlined legal reason that the officer could not be a lawyer (People v. Marcroft (1992) 6 Cal.App.4th). However, a court California also (People v. Carlucci, 23 Cal.3d 249) invented the irrational decision that no lawyer was needed to test civil traffic.
The decision that the agent of the prosecution presents a major problem for the constitutional courts of traffic. Justice and the Constitution requires courts must be fair and impartial – not promote one side over the other. The court, by allowing the State to be represented by a non-lawyer (the police), is in favor of the state over the defendant. If the defendant chooses to be represented in traffic court the Court of Justice requires the defendant to go out and hire a lawyer of the Bar Association, at their expense .. Such treatment of the accused by the court is certainly open partial and unfair treatment, solid reasons for the dismissal of cases of trafficking by the defendant.
traffic civil cases, where there is currently no prosecutor in court are handled by the traffic courts as a small claim. In the small claims court both sides simply tell their story to the judge and are entitled to other cons to examine under oath and the judge allowed both sides to ask questions.
traffic courts treat traffic court hearing as a small claims court to the extent it serves their purposes (revenue collection). If employed in court (the threat of loss of income), which deal with traffic court cases as a different animal entirely legal. For example, a lower civil court amount, the applicant must appear at the trial or the case was dismissed. However, in a trial of traffic where no tax, the plaintiff (the state or the people) not appears and not the Court should dismiss the case.
That is present in court to legally grant the request of the State or the people against the accused in the absence a lawyer? The judge? The Constitution requires the judge to be fair and impartial. What about the police? For the reasons already explained, the police can not be the fiscal and for California, an appeals court ruled Marcroft if the officer is a witness, neither more nor less.
When no tax is not present in court who can legally grant the request of the State or the people against the accused. In this case, the State or the people (the applicant) legally abandoned his claim against the defendant as accurate as a plaintiff in a civil proceeding, except traffic.
traffic courts do not have to do with justice or protection rights of persons under the Constitution, but to optimize revenue collection program is real and true that the traffic court. Lest anyone be inclined to think otherwise, try to challenge a judge of the court some time in circulation is moving to close the traffic on your case because the State or the people have left your claim against him for not having a lawyer in court. View temperament and behavior of the judge changed instantly. The judge will be quick to remind that the State gives the court the right to judge a case of trafficking in the absence of a civil attorney. If this does not close immediately, the judge will call a judicial intimidating voice accompanied by expressions strong face, the judge asked to change to something else.
The abandonment of the state or the popular demand for non-prosecution is a sensitive issue that the judges of movement does not want to expose in public. This request exposes the fraud of the world and the court simply because the tribunal.
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