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Old 07-02-09 | 04:49 PM
  #128  
MattDC
ITTETAYHSMB
 
Joined: Oct 2007
Posts: 194
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From: Washington, DC
Originally Posted by TheLifeOfBryan
Seems everybody is missing the main point about Constitutionality: the right to face one's accuser. That trumps everything in this case. That doesn't apply to Parking tickets because they're not a criminal matter. But with speeding or running a red light, that is an officer of the law accusing you of a crime. That's also why you get off if the cop doesn't show up in court: you are denied the ability to face your accuser. Various details such as being fined but it not showing up as 'points' on your license also stem from the fact that if there is no accuser that you can confront in court, then it cannot be a criminal matter.
First kudos for at least knowing that there is a distinction between civil and criminal.

But your statements above that there is a constitutional basis for "xyz" still are incorrect. I'll just copy and paste the sixth amendment (the one you are citing) I think you'll be able to figure out why.


Originally Posted by Sixth Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence [sic]."
Seriously folks this stuff is online, and really, really easy to find.

EDIT: I plus one-ed you too fast, speeding tickets aren't criminal offences. So -0.5 for not knowing where infractions fall. Hey you are still 0.5 ahead of that other guy.

Last edited by MattDC; 07-02-09 at 04:56 PM. Reason: retracting my +1
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