So despite my best efforts, I lost my trial in September. I immediately paid my fine and requested transcripts and filed my appeal. The transcripts were picked up and served in early November, around the 10th. I have not heard anything about this since then. Is this normal? They had no issues getting a hold of me for my disclosure or transcript notice so I imagine I would have received notice of my appeal date by now. Should I try to follow up or leave it be? Is it possible that they just want to drop the case based on my notice of appeal and transcripts? Also the traffic stop happened in Jan 2014 so despite a relatively speedy trial, this appeal has now brought the situation to almost 14 months with no resolution. So maybe I can look into a 11b?

Topic

5 months since filing and no appeal date yet...

by: bozotheclown on

16 Replies

jsherk
High Authority
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Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

Re: 5 months since filing and no appeal date yet...

Well a re-trial is better than guilty!!! You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I asked you that question, you said bla bla bla instead which is different from what you said this time." I don't know the rules of perjury so I am not sure whether you can get all the testimony thrown out because they say something contradictory, or if it just helps bring a lot of reasonable doubt to what they said since it is different. Maybe somebody else can answer that (or maybe post that as new question). You should make a copy of the transcript from first trial so you can submit the original transcript as evidence if you need too.

Well a re-trial is better than guilty!!!

You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I asked you that question, you said bla bla bla instead which is different from what you said this time."

I don't know the rules of perjury so I am not sure whether you can get all the testimony thrown out because they say something contradictory, or if it just helps bring a lot of reasonable doubt to what they said since it is different. Maybe somebody else can answer that (or maybe post that as new question).

You should make a copy of the transcript from first trial so you can submit the original transcript as evidence if you need too.

+++ This is not legal advice, only my opinion +++
bozotheclown
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Posts: 11
Joined: Wed Aug 06, 2014 9:35 pm

Re: 5 months since filing and no appeal date yet...

Thanks! This is great to know.

jsherk wrote:

Well a re-trial is better than guilty!!!

You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I asked you that question, you said bla bla bla instead which is different from what you said this time."

I don't know the rules of perjury so I am not sure whether you can get all the testimony thrown out because they say something contradictory, or if it just helps bring a lot of reasonable doubt to what they said since it is different. Maybe somebody else can answer that (or maybe post that as new question).

You should make a copy of the transcript from first trial so you can submit the original transcript as evidence if you need too.

Thanks! This is great to know.

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