Posted on 03/24/2014 7:22:29 AM PDT by PaulCruz2016
Since the court failed to prove that Mr. Dewing was using a cell phone, they went after him for using the electronic cigarette. “The judge asked me if I know what the ‘e’ in e-cigarette means,” said Jason. “I told him it means electronic.” At this point the judge told Mr. Dewing that he was using a portable electronic device which is a violation of New York traffic law 1225-d. Jason, refusing to let the court off that easy, told him that an electronic cigarette was not classified as a portable electronic device under the law. He says, “They were baffled. In fact, they didn't even know the law. The District Attorney had to look it up after I recited it to them. It is ridiculous that I have never been to law school and do not make it a habit of studying the law, yet I had to tell them what their own law was!” Unfortunately for Jason, the law was not known by the court until after they had already found him guilty of violating New York traffic law 1225-d.
There is a bright side to this story for Jason Dewing. “The judge told me that if I would have made them aware of the law before he made his ruling he would have dismissed the ticket, but since he already made his ruling, the only way to overturn it was to go to appeals court.” Jason feels that he has a very good chance of the case being appealed since the law that he was found guilty of breaking does not even exist. “The way the law is written, an e-cigarette cannot make a call nor can it send text or data; therefore, it cannot be a portable electronic device,” said Jason.
(Excerpt) Read more at examiner.com ...
Prosecutors are not interested in seeing Justice served.
At least 50% of all idiots must be in some form of government in NY.
The judge is also an idiot. He can reverse himself. He’s clearly a lazy cog in the machine.
Neither are judges, apparently.
By the way, Mr. Judge, “Ignorance of the law is no excuse.” This judge should be impeached and removed from the bench.
It just goes to show you... Too Damn many laws out there.
It’s time to start Legal reductions. No new laws! Time limit existing laws and if they are really necessary renew them for a ten year period!
Seems like the judge could do more then that to fix it. Time for a judge to be fired.
Peasant law - know it, love it.
There is no interest in seeing justice served, just in getting a conviction. The judge is supposed to be an impartial arbitrator, now they have become revenue generators for the police state.
Good thing he wasn’t using an electric device like . . . an electric car!
Will car radios be banned?
Sounds familiar :
I’m confident that the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress.
If our “Constitutional Scholar” President does not know the Constitution and Marbury vs. Madison, how can we expect more from those in New York?
Sounds familiar :
"I’m confident that the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress." - Barrack 0bama
If our “Constitutional Scholar” President does not know the Constitution and Marbury vs. Madison, how can we expect more from those in New York?
Actually, I don’t think the judge is being stupid - I think he’s being vindictive. They didn’t have enough evidence to convict him for using the cellphone, so the judge (who must believe that he was using the phone illegally) decided he would punish him anyway by using this ridiculous interpretation of the portable electronic device law, and them either make him pay the fine or go through the trouble of filing an appeal.
“Time limit existing laws and if they are really necessary renew them for a ten year period!”
Ten years is too long. two to five years max.
Why an appeal? No law, no crime, no judgement deserved!
Both the Judge and the DA need a new profession!
I see a law suit coming.
He had transgressed the unwritten law.
There are so many judges that need to be impeached.
A citizen who goes to court expecting to find Justice will be severely disappointed.
For there, they will only find the Law. And those who are experts at the Game.
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