"Ask the Judge" Column continues in La Prensa of SA, 2-12
Ask the Judge: Comments in the Court that make you say, “Huh?”
By Judge Steve Walker
In the three years on the bench in Justice of the Peace, Pct. 2, I have heard many strange comments, accusations and really weird responses in my court.
In the ‘People’s Court” many plaintiffs and defendants represent themselves in Pct. 2. While it may save you attorney’s fees, sometimes you would be better served if you at least seek legal advice before entering the courtroom.
While all business done in a court is to be taken seriously, occasionally some of the conversations and explanations of the cases can be best described as hilarious or comical to say the least.
For example, in the past year, one particular defendant who received a traffic citation for speeding plead “not guilty” and was requesting a dismissal due to a medical condition.
By law, some traffic citations issued can indeed be dismissed if the defendant produces a doctor’s note stating the medical problem that contributed to the situation.
For example, one person who requested a dismissal on a ticket brought in a medical excuse from a physician stating the defendant suffered from broken ribs and because they did not fasten their seat belt they were issued a ticket by an officer for not doing so.
Obviously the restraint of the seat belt could have caused possible irreparable harm if the defendant had done so although they would still be in harm’s way if involved in an accident. It was dismissed for medical exceptions.
Another example of a medical exception dismissal would be a parent cited for speeding while they were rushing their child to the hospital who quit breathing or something as serious that required the parent to rush the child to the emergency room. That ticket with a doctor’s note would be dismissed under certain conditions.
Going back to the particular defendant mentioned earlier, the defendant requested the dismissal and actually admitted to “driving while dizzy!”
Their version was that while at work they felt dizzy and decided to “drive while dizzy” to a nearby pharmacy for some medication to alleviate the dizziness.
According to the defendant’s statement, a Sheriff’s Deputy apparently clocked them on radar going 15 miles over the posted speed limit. The defendant denied the accusation, but openly admitted to “speeding five miles over the speed limit.”
Under the law, speeding is a finable offense whether it is five or fifteen miles over the limit. There is no statute that allows a medical exception for “driving while dizzy!” Remember to be careful to what you admit to in an open court because it can and will be used against you in that court of law.
Lastly, as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
In the three years on the bench in Justice of the Peace, Pct. 2, I have heard many strange comments, accusations and really weird responses in my court.
In the ‘People’s Court” many plaintiffs and defendants represent themselves in Pct. 2. While it may save you attorney’s fees, sometimes you would be better served if you at least seek legal advice before entering the courtroom.
While all business done in a court is to be taken seriously, occasionally some of the conversations and explanations of the cases can be best described as hilarious or comical to say the least.
For example, in the past year, one particular defendant who received a traffic citation for speeding plead “not guilty” and was requesting a dismissal due to a medical condition.
By law, some traffic citations issued can indeed be dismissed if the defendant produces a doctor’s note stating the medical problem that contributed to the situation.
For example, one person who requested a dismissal on a ticket brought in a medical excuse from a physician stating the defendant suffered from broken ribs and because they did not fasten their seat belt they were issued a ticket by an officer for not doing so.
Obviously the restraint of the seat belt could have caused possible irreparable harm if the defendant had done so although they would still be in harm’s way if involved in an accident. It was dismissed for medical exceptions.
Another example of a medical exception dismissal would be a parent cited for speeding while they were rushing their child to the hospital who quit breathing or something as serious that required the parent to rush the child to the emergency room. That ticket with a doctor’s note would be dismissed under certain conditions.
Going back to the particular defendant mentioned earlier, the defendant requested the dismissal and actually admitted to “driving while dizzy!”
Their version was that while at work they felt dizzy and decided to “drive while dizzy” to a nearby pharmacy for some medication to alleviate the dizziness.
According to the defendant’s statement, a Sheriff’s Deputy apparently clocked them on radar going 15 miles over the posted speed limit. The defendant denied the accusation, but openly admitted to “speeding five miles over the speed limit.”
Under the law, speeding is a finable offense whether it is five or fifteen miles over the limit. There is no statute that allows a medical exception for “driving while dizzy!” Remember to be careful to what you admit to in an open court because it can and will be used against you in that court of law.
Lastly, as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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