Photo Enforcement P5: My Motion

So here I was, waiting to here back from the “no-show” court about the snow day that I braved in vain. I was talking to a friend of mine that said, “You shouldn’t wait for them to do something. While you can’t beat the King in the King’s Court, you may have grounds for dismissal based on their failure to produce any witnesses against you. But don’t wait around, put it in writing, make a paper trail, and do it before they contact you.” While this went against my feelings to avoid making contact with the court and hoping that I would slip through the cracks, I figured that I was already in the system and something should be done. I found a couple of legal looking documents online, and wrote up the following letter. I sent it to them on Jan. 10th, 2011. I thought that I summed things up pretty good.

Star Valley Magistrate Court
Court Number:0447
714 S. Beeline Hwy, #103
Payson, AZ 85541-9943

State of AZ,
Plaintiff,
vs.
Brinkerhoff Spencer,
Defendant
Case No.: ********************

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

FACTS

Defendant Spencer Brinkerhoff was summoned and ordered to appear in the Star Valley Magistrate Court on December 30th, 2010 between the 9:00 AM to 11:00 AM on a complaint charge of the offense of: Speed Greater Than Reasonable and Prudent. The defendant was warned that a failure to appear as directed may result in a default judgment against him, a civil sanction imposed, and resulting in a suspension of his driver’s license. The Defendant appeared at the court house on the assigned date and time, checked in with the court secretary and waited to see the judge, but no one showed up. Court house employees provided the Defendant with two separate phone numbers to make attempts to reach the Star Valley Magistrate Court. The first number (480.474.5267) was not in service and a message was left on the second number (480.474.7172).

ARGUMENT

The Plaintiff failed to appear in court on the assigned date and time and failed to present witnesses against the defendant.

CONCLUSION

For the reason stated above, Defendant’s Motion to Dismiss should be granted.

Dated this 10th day of January, 2011


Spencer Brinkerhoff

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1 Response

  1. Matt says:

    YEAH! Take that Star Valley Magistrate! Good Job!

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