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Key:
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Joined: Dec 2011
Posts: 168
3 point
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3 point
Joined: Dec 2011
Posts: 168 |
If you want to fight it, you can ultimately win. there are all kinds of potential constitutional problems with the citation. But, even putting that aside, the government still bears the burden of proof, which is generally hard to meet in these cases. Realistically, you may lose in municipal court; however, pretty good chance of winning on appeal (you basically get a new trial in Circuit Court). Obviously, all of this takes time and some money, if you want to hire a lawyer (which you would probably want to do if you are raising the constitutional issues. I fought one and won in Selma that I got when either my wife or daughter was driving (they both blamed the other, but since I owned the car, I got the citation). I spent more time on it than i would have liked, but since i'm a lawyer they realized quickly that I was right and they didn't want to fight it.
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