was this a free stater?

[rmodel65]

http://seacoastonline.com/articles/20081009-NEWS-810090411

PORTSMOUTH — A Dover woman who spent an hour interrogating local police in the District Court about a $100 speeding ticket lost her appeal to the state Supreme Court.

The local court found Christina Downs, 24, guilty of speeding after a one-hour hearing last October, when she represented herself and read from a list of 96 questions, filed motions, raised objections and cross-examined local police officers. After several scoldings from the presiding judge for straying off topic while acting as her own attorney, Downs was found guilty and ordered to pay the $100 ticket.

Downs appealed to the state's highest court, arguing that local police failed to respond to her request for engineering studies used to calculate the speed limit on Elwyn Road, where she was ticketed May 23, 2007, for driving 44 mph in the 25 mph zone. She asked the District Court to dismiss the ticket because she did not receive the engineering studies. Local police said they do not have them, if they exist.

In its order published Wednesday, the Supreme Court found the burden of proof fell to Downs to show relevancy of an engineering study to the posted speed limit and she did not do so.

The court concluded Downs "did not overcome the presumption that the posted speed limit was valid" and that the District Court did not err in its finding of her guilt.

During her October District Court trial, Downs appeared with her uncle, Larry Lemay, who whispered advice in her ear throughout. Officer Timothy Cashman testified during the hearing that after he gave Downs the speeding ticket, she sped off so quickly he pulled her over for speeding again, but that time gave her a verbal warning.

Downs questioned the officer's experience, his training, his work schedule, the radar technology used to determine her speed, weather conditions, traffic flow and his knowledge about law as it pertains to speed. She also questioned whether he knew if any other officer had ever dropped a tuning fork used to calibrate the radar devices and then filed another motion for dismissal.

Cashman responded with a complex mathematical formula used to determine how quickly she could stop in the event of an emergency, given her speed, demographics and using an "average perception reactor time."

The judge urged Downs to "get on to relevant questions," noting a full courtroom of other people with cases waiting to be heard. When the judge then began asking Cashman questions, Downs objected to her "questioning the witness."

[J’raxis 270145]

I don't think so, but she definitely needs to meet some of the people from Keene.

[doobie]

Could she have asked for a trial by jury so as to not be judged by the government on her actions of violating the government's law?

[Lloyd Danforth]

She held the court up for an hour for 100 Bucks!  I would say that they failed to profit and, to some extent, she won.

[FreelanceFreedomFighter]

http://seacoastonline.com/articles/20081009-NEWS-810090411

... Local police said they do not have them, if they exist.

In its order published Wednesday, the Supreme Court found the burden of proof fell to Downs to show relevancy of an engineering study to the posted speed limit and she did not do so.

The court concluded Downs "did not overcome the presumption that the posted speed limit was valid" and that the District Court did not err in its finding of her guilt.

If she introduced into evidence the MUTCD (Manual on Uniform Traffic Control Devices), the basis of Federal law which NH, as well as just about all States, has codified as part of their traffic laws, then she has shown "relevancy". According to the MUTCD, all posted speed limits must be based on an engineering traffic study which follows specific guidelines and formula. Without a proper engineering study, the presumption should be that the posted speed limit was invalid.

Downs questioned the officer's experience, his training, his work schedule, the radar technology used to determine her speed, weather conditions, traffic flow and his knowledge about law as it pertains to speed. She also questioned whether he knew if any other officer had ever dropped a tuning fork used to calibrate the radar devices and then filed another motion for dismissal.

Some of this is relevant, some isn't. If someone has a true understanding of the details of the calibration of RADAR devices, they would know that the whole "tuning fork" BS is just a ploy to convince the ignorant public that the police are "checking to make sure that the device they use is completely accurate" when the truth is far different. Most RADAR device manufacturers require (or at least recommend) that the device be sent to a certified lab for testing, repair, and recalibration at least once a year, tho that is rarely allowed or recognized by the courts. The officer's training in the use, operation, and potential interference of the RADAR device is more important than most of the other questions. 

Cashman responded with a complex mathematical formula used to determine how quickly she could stop in the event of an emergency, given her speed, demographics and using an "average perception reactor time."

The judge urged Downs to "get on to relevant questions," noting a full courtroom of other people with cases waiting to be heard. When the judge then began asking Cashman questions, Downs objected to her "questioning the witness."

Complex mathematical formulas, in court, almost never are allowed or "go over" with Judges that can't understand or follow them... EXCEPT when the person using the formula is considered an "expert with that knowledge". IE: a Judge will almost always disregard and disallow a traffic defendant from bringing up the myriad of "issues and points concerning RADAR" that one can find on the internet; however, if those "issues and points" and complex mathematics are brought up by a defendant who also happens to be an engineer that has a background in that area, then the Judge is hard-pressed to disallow the testimony of someone who can be considered an "expert in the field" and even tho the court is allowed their own "rebuttal expert", they almost never take the time for a traffic citation.

Either her Uncle could have claimed "expert witness" and shown that he was an engineer with knowledge of the device OR she would have been better served to have someone who actually is an "expert" in the field to testify on those issues. Courts don't like that, but..... 

[Lloyd Danforth]

When I related a rather strange speeding case in Plymouth to Silent Bob, mentioning that the cop came up with all of the radar or lydar stuff right up front.  He claimed he tested it before setting up the snare speed trap.
Bob wanted to know if the device had been tested immediately after issuing the summons.  It could have been bumped out of its settings.  If they didn't that would throw doubt on the case.

[Dave Ridley]

would someone be willing to contact her and invite her to taproom tuesday?

[TackleTheWorld]

Isn't this the Cynthia that calls Free Talk Live with license and registration stories and is Cynthia on this and the Free Keene fourms?

[AntonLee]

what a sham this court system is.  You are required to understand what is going on, but if you ask pertinent questions you're told to "move it along"

I feel this bores many of these scumbags that work there.  If I get bored at work and try to cut corners, I get fired.  If they do it, they get a raise.

Another loser judge.

[Fluff and Stuff]

Isn't this the Cynthia that calls Free Talk Live with license and registration stories and is Cynthia on this and the Free Keene fourms?

No, this is not Cynthia but Cynthia does live very close to her and there are weekly meetings in Dover.  So if someone was able to contact this lady, they could introduce her to Cynthia at the weekly meeting or something.  We have several people who don't always seem to agree with cops in our Seacoast group

[FTL_Ian]

Good try at wasting their time, but she should probably have gone the Ryder route and told them she wouldn't pay instead of trying to use the system to beat the system.  She should definitely meet Cynthia.

[Coconut]

Good try at wasting their time, but she should probably have gone the Ryder route and told them she wouldn't pay instead of trying to use the system to beat the system.  She should definitely meet Cynthia.

I went the Krouse route. But I'm flattered you named it after me.

[FTL_Ian]

Good point.  How about the "Manning/Krouse/Ryder Technique"?

David Manning did a refusal to pay first, but you were the first to do it on a speeding ticket, so I chose you.   

[Russell Kanning]

the Keene "Three" route .... and the number can keep growing.

I love it that she hassled them so much.

[Dave Ridley]

it's wierd how this type of civil dis, so unpopular with the general public...is the one folks are most likely to do.  i cant name anything else that 5 different nhfree people have done by way of civil dis except tax resistance.