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Unconstitutional tickets

  • Thread starter Thread starter 09Punkie30
  • Start date Start date

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09Punkie30

Guest
I recently received a ticket in Iowa. A few days after I received my ticket the local news aired a story that indicated that a judge had ruled the tickets used in Iowa as unconstitutional based on the fact that they were not sworn under oath or something like that. I've been told that if I go to court it is possible that the judge will dismiss it. When a spoke to someone from the state today they stated that they felt like the officers could go back and get the tickets previously written and correct them (doesn't seem right to me).
If I go to court.....which I have to admit I've never had a ticket before and never been to court........I suspect the judge will ask "guilty or not guilty"; how do I reply.....I'm really on going because of the tickets being considered "unconstitutional" by an earlier ruling. I have to admit I was speeding; however I don't think I was going as fast as the officer stated so.....would I be guilty or not guilty if asked????
Any information that is available in regards to this ruling would be appreciated.
Thanks!
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, as to the ruling: contact the news station and ask them for the copy of the information or call your local newspaper.

You should plead not guilty and make him show the calibration record.

As to the officer going back and fixing it...I don't think so. Can't go back and just "fix" an unconstitutional document. No retroactive stuff here!
 

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