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Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 26788
Experience:  18+ years of high-volume criminal defense work from arraignment through plea or trial.
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I was charged with excessive tint, 35% light 65% tint on the

Customer Question

I was charged with excessive tint, 35% light 65% tint on the ticket and testimony both. On trial I asked the ticket to be dismissed, based on the fact that it is factually untrue - given the same numbers the tint is 35% and the light is 65%. The facts were n o t in question. The judges attitude was simply, that well, if it was the other way round, it would be still a violation so what's the big deal. My understanding is that you can only be found guilty on the charge, and that cannot be adjusted to make it factually true and so establish guilt.
Submitted: 1 year ago.
Category: Traffic Law
Customer: replied 1 year ago.
On other words I believe I can be only found guilty or not guilty by what I am being charged with is in the original charge.
Expert:  Zoey, JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
The charging instrument -- the ticket or the complaint -- sets out the facts that the state has to prove in order to get a conviction. The amount of the tint as stipulated is an essential element of the offense and is what the state has to prove.
I'm agreeing with you. You should file your appeal.
Customer: replied 1 year ago.
Thanks. However. I have some experience - normally the appeal is answered by a Word mail-merge "nyet" document with no specifics just guilty. So a "reasoning" like yours (that was personally lovely to my heart) would not even be read, let alone considered. Are there concrete articles forbidding this practice, or isn't this bordering violating my civil rights that I could print in 5 inch fonts? This to me appears like a cousin of double jeopardy except before conviction or acquittal. Because eventually I am then charged with 2 charges - one that was factually untrue and then a corrected one. ? Thanks
Expert:  Zoey, JD replied 1 year ago.
I would have made the argument to dismiss the case for factual insufficiency before the evidence was even heard. The judge would have either pitched it then and there, or pronounced it a transcription error, allowed the complaint to be amended over objection, and gone forward with the case. In either instance you wouldn't be where you are now.
I'd argue that the court never had jurisdiction in the first place because its facts were wrong.
Customer: replied 1 year ago.
You mean before the officer's testimony? I was sure that he would give the numbers correctly contradicting the written one. In 2 yrs he haven't figured out what the number means on his gadget that I did not expect.
However back to my question: jurisdiction is my strongest argument? My question was whether there is anything that would limit this kind of custom tailoring of the charge after defendant requests dismissal on factual error? Haven't even "changed" - judge just figured it does not matter... so "effectively" changed it...
Sorry I cannot switch to phone right now besides my company owing me 26.000 in pay, have not paid me in 2 mo a dime, so it is my last card on which I had 80 when we started but that is my family's entire budget right now.. Sorry again for that.
Expert:  Zoey, JD replied 1 year ago.
Yes. I know what your question was.
Your strongest argument is jurisdictional. You should never have let the case go forward in the first place because if the papers are defective the court lacks jurisdiction.
Don't worry about not switching to phone, because unlike in non-legal categories where such calls can be made, in the legal categories, phone calls could be deemed representation, which would not be allowed by our state bars on a site like this. I can only provide general legal information.