Sunofwolf Random Banter Containment Thread

[sunofwolf]

Unfair hearing appeal Doc, I hate doing this but don't know if it will work. Its the first page, but so far I think I might win because so few people ever try to Fight a Judge. I have at least a few more pages to go, I talked to a few lawyers. My cousin owns a Law firm in Westport conn where the Houses are all over a Millions of dollars. Anyway its kind of fun to get my old decayed Brain working. I am open to comments. I have just two weeks to finish the appeal Doc on a speeding ticket. Bare in Mind I left out the swear words and some thing s not in my favor, Censored version LOL. And the Doc didn't come up right mS note word. I am using MS online-doesn't cost anything.

 

[AlmosN8kd]

So, I read through your document, and it reads like a teenager wrote it. Honestly, for someone as old as you are, this does not appear to be a professional document which any judge would take seriously. Is it factual? By your account, yes; however, the way the information is presented is sporadic and inconsistent. Not to mention, the tone of the document is that of whining, not an account of the facts which led to unfair treatment. Quite frankly, and I mean this an objective critic, not an attack, if this was something someone presented to me, I would ignore it as well; it reads like one of your forum posts.

For those on mobile devices:

My Fair Hearing wasn’t fair at all

The Judge never even read my document's I provided!
My car had a Frayed throttle cable controlling the gas pedal which caused the car to speed out of control after I let off the gas. I didn’t know what was wrong with the car, by then I was slamming on the brakes trying to stop the car. I didn’t need the speedometer to know it was to fast just trying to bring the car to a safe stop. Police officer saw me going fast on the other side of road and turned on his lights for a second to get me to pull over. I was all ready pulling off the road at that time. The officer asked or my driver license. I told him something was wrong with the car and I rarely drive it and handed my driver’s License and insurance card to him. I was very upset because I could have crashed and it was very hard to stop with the car engine working against my brakes. He officer went back to his car and wrote a very Huge fine on the speeding ticket $278. I thought the officer was extremely unfair because I explained the car was not working right and caused me to speed without me doing anything to cause it. The throttle cable was frayed not totally Broken and started to work again which really confused me as I did not know what was wrong with the car. I barely made it to my ASC certified mechanics Garage who all ways fix’s the car. I had Greg LeClair auto repair fix the car. Greg found the problem a frayed throttle cable. I got a New throttle cable From Modern performance online and paid for it with a credit card $73 and Paid Greg LeClair $165 for a total of $238. I also took a photo of the frayed throttle cable in the car before it was repaired by Greg. I contested the speeding ticket because it was a car problem not a driver problem. I took a AAA defensive driving course to sharpen my driving skills and got a certificate of completion.

I went to court on Feb 14,2020 Valentine's day. I spoke to the officer in private about the ticket and pointed out my Frayed throttle cable was stuck open causing me to speed and it wasn’t my Fault. We couldn't’ agree on anything so I waited for a hearing with the judge.

The hearing started with the officer under oath saying he clocked me at 68mph on radar. I Asked the officer if he heard me say there is something wrong with the car. The officer said no. The officer then stepped down. I took the stand, but the Judge did not put me under oath and I took the stand. I said my Frayed throttle cable caused me to speed and at that point the car was driving and not me. According to AAA-(the Pope of cars) defensive driving course that’s a Car problem Frayed throttle cable! I then gave the judge three Documents. To support my case. 1.repair bill from Greg LeClair auto repair for $165 with His Business Card and telephone numbers including cell phone. 2. Bill from Modern Performance online with my name and address on it and credit card receipt For a New OEM throttle cable. 3. And a Pic copy of the Frayed throttle cable before the repair. I also gave the judge My completed AAA defensive driving certificate that took me 9Hrs to complete

 

[sunofwolf]

that might be correct. The appeal is being based on what the judge did showing extreme bias towards me. Did you notice the judge failed to put me under oath? Right there it showed nothing I said matter to him. That's a Unfair Hearing. I am not a Lawyer so anyone who reads this knows that as the cover page will have no lawyer signing it, but perhaps I could find someone, I only have 14 days left to finish it. The first page is just about what happened not about the case for Un Fair hearing. I watched the judge-he didn't even read what Doc I showed him especially the online order for the New Throttle cable. In Maine I calculated the fines given amount's to $20 for every person driving in Maine that is a outstanding amount of money to rob people from and most of these tickets are going to people with cars over 100,000 miles and over ten years old and are people living in poverty just like what they do in CA except they have the highest fine's in the country. Yesterday I saw a funny sight a Huge women get pulled over in a suv she must have been 500pounds and maybe had a sticker that allowed her to not wear a seat belt because she couldn't put it on-the cop stopped her a local cop, I assume he left her alone. The MSP might have given her a ticket. The local cops are much more fair. My typing is improving all the time, so my teenager writing is at least a smart one and they can be very good writers. I make a note to change some thing's. That's why I posted it to get rotten feed back Oh it was also written very plainly on purpose, I don't want to confuse the Judges limited fat minds. I haven't finished yet either another full page might be all I need. In Maine we have a bill going to be voted on about Forcing vaccinating Kids 0n anything the pharm companies think kids should have. I know a lot about vaccine's for cats some are good and some cause a lot of harm and are untested. They treat people like cats except for me I chose what to vaccinate them for not some vet that just wants to cheat me out of money and make my cat die. Cats rule! That another topic I am going to write about. This is a new law by idiots and paid off politicians, the same one's writing one stupid law req on cars like seat belts and cell phone bans onto all kinds of stuff cops can give tickets for stealing money from poor people.

 

[AlmosN8kd]

I understand your point, however, you need to build the picture for the appeals judge. And, their time is limited so it needs to be straight and to the point, just the facts, no fluff. Your document as written, has a lot of fluff. Furthermore, just because you did not see the judge review your documents does not mean he or she did not; they may have reviewed them prior to the hearing and made notes on the paperwork to remind them of what was in it. You have to be clear that it was your perception that the documents were not reviewed.

I recommend you approach it like this, just statements of facts; you can put a section below this with your opinions but that has to be clear to the judge and what you are asking for. I'll add that I am not a lawyer nor work in a legal profession; just how I would approach this problem, feel free to ignore my advice (I won't take offense):

Biased Judgement in the Case of Mr. Wolfe

Based on my account of the facts, I suspect that the Judge who presided over my case on 14 Feb 2020, did not review the documents submitted on DD Mmm 20YY.
Facts in the case:

On DD Mmm 2019, at approximately HHMM, I was traveling down NAMED Road in my 2013 Honda Civic (don’t put Si, you want the judge to picture an economy sedan in their head when they read this, anything sporty would sway their perception).

At approximately HHMM, I came over the hill at mile marker ###/passed intersection NAME/some point of reference, and let off the throttle and relized my car was not decelerating. I did not look at the speedometer as I was focused on braking to slow my car.

At approximately HHMM, I was pulled over by Maine State Police for traveling XX mph in a XX mph zone. I was cited by Officer First Last for XX mph in a XX mph zone.

At approximately HHMM, I arrived safely/my car arrived (towed by?) at Name of Shop (don’t put Greg LeClair’s backyard, leaves room for the wrong interpretation); if you drove it (like you said below), you will more than likely lose this whole argument as if it was unsafe and you still drove it then you were in control of the vehicle (my thoughts).

On DD Mmm 2019, ASE Certified Mechanic, Greg LeClair, diagnosed the issue with my 2013 Honda Civic to be a frayed throttle cable causing the abnormal vehicle response.

On DD Mmm 20YY, the throttle cable was replaced and I retrieved my 2013 Honda Civic; vehicle response was normal.

On 14 Feb 2020, I presented my case with all supporting documentation (Exhibit A: Photo, Exhibit B: Repair bill, Exhibit C: ????, etc) explaining the situation to Judge First Last. I was not sworn in during my testimony in court. It is my perception that Judge First Last did not review my documentation as he/she did not review them during the hearing.

Etc.

 

[Honda-Fan]

Oh man! I'd been waiting forever to read this!

Okay, so my mom is retired from the Dallas Courts system-- and from what I've learned from her, @AlmosN8kd is giving out solid facts here. If you're going to present this in court, you've really gotta fix this up. It's fine that it's plainly written-- but you've gotta put the extra effort in when it comes to proofreading ( i.e. all the weird detours in info). To a certain extent, optics (appearance, written statements, etc.) influence your credibility. You definitely want the judge to take you seriously-- so let them see that you're taking your own handling of statements seriously, too.

@AlmosN8kd your follow-up is pretty spot-on; @sunofwolf I'd recommend you use that second post as something of a template if you want success in this venture.

 

[sunofwolf]

Hey that is better then mine, I will change it and rewrite the whole rough draft on the first page, I did not finish writing some other very compelling objections to the hearing. Friday I will change and add stuff. Can't do it today, have to see a doctor about a skin problem on my poor back and it might have been caused by extremely nasty drugs the doctors gave me-but they worked after three try's of the nasty stuff-. Some of them drugs were experimental and not fully tested extremely nasty-I don't have to take them any more= I was cured of a deadly disease. Better drugs are out now=notice the $1,000 pill. I was a test subject just like vets treat poor cats.

 

[sunofwolf]

I don't think I can win a appeal. I would have won if the auto mechanic came to court. Well I still have -1 on my record. I might look again but my chances are less than 50%-that's not very good at all..

 

[AlmosN8kd]

I would tend to agree if not solely for the fact that you drove the car to the Mechanic's shop after the MSP stopped you. Had you not done that, you'd have a better claim that the car was suddenly unsafe to drive and you removed it from the road immediately (maybe winning favor from the judge). Were you traveling faster than the speed limit? Yes, which may be all the first judge cared about (you were violating the law). Was it your fault? No, not entirely due to the mechanical issue; however, you still drove the car after being stopped by MSP which means you were still willing to put yourself and other motorists at risk. Anyhow, that is just my objective opinion from looking at what I know from your argument.

 

[sunofwolf]

New document, I think its very good. This has been very hard for me to write. It might work so I decided to appeal. If anything I missed, I will correct it. Passed word checker, See what you think???????????? second one may be the best. If nothing else I got a super brush up on driving.

 

[Honda-Fan]

Here, I did you a solid and attempted to sort this out for you. Tell me if my edits will suffice for what you need.

Spoiler

Based on my account of the facts, I suspect that the Judge who presided over my case on 02/14/20, did not review the documents submitted on 2/14/20.

On 9/12/20 I drove down Townhouse Road and W Gardiner. My Dodge Neon began to speed out of control after I’d let off the accelerator. I didn’t know what was wrong with the car at this time; I slammed on the brakes attempting to stop the car. A Police Officer saw me from the other side of Townhouse Road and West Gardiner road. The officer turned on his lights momentarily to get me to pull over. Due to the nature of this emergency, I had already begun to pull over before the officer activated his light-bar. The officer asked for my Driver’s License and registration. I told him that I believed something was wrong with the car, as I rarely drove it and handed my License and Insurance Card to him. Admittedly, I was upset during the traffic stop because I was concerned about my wellbeing with the car’s alarming behavior. The officer went back to his car and then cited me with an unfair fine of $278. I reiterate that at this time, I did not know what was wrong with my vehicle. I had the car towed to my mechanic’s garage, Gregory LaClaire, who is ASE certified with 34 years of experience. After some troubleshooting, Gregory LaClaire found the problem – a frayed throttle cable.

Exhibit A. I received a new throttle cable from Modern Performance online on 9/23/19 and paid for it with a credit card, $73.

Exhibit B. I paid Greg LeClair $165 for a total of $238.

Exhibit C. I also took a photo of the frayed throttle cable in the car before it was repaired by Greg. I contested the speeding ticket because according to the evidence given, this was a case of car trouble and not an issue of recklessness on my part.

I took a AAA defensive driving course to sharpen my driving skills and got a certificate of completion on 9/28/19.

I went to court on Feb 14, 2020. The hearing started with the officer under oath saying he cited me at 68mph on radar. The officer then stepped down. I took the stand. I stated that my frayed throttle cable caused the car’s throttle to stay open, resulting in the car speeding out of my control. I also noted the speeding Fine of $278 seemed excessive for a car defect, especially one that I’d happened upon unknowingly. I’d maintained my car rigorously, and tended to fix things that came up right away.

I then gave the judge four Exhibits to support my case.

Exhibit A. Bill dated 9/23/19 from Modern Performance online with my name and address on it and credit card receipt For a New OEM throttle cable

Exhibit B. dated 10/3/19 repair bill from Greg LeClair auto repair for $165 with His Business Card and telephone numbers including cell phone.

Exhibit C. Photo copy dated 10/3/19 of the Frayed throttle cable before the repair.

Exhibit D. My completed AAA Defensive Driving Certificate.

Please consider my Evidence in Exhibits A, B, C, as I believe the judge did not review them at all.

Your Honor,

Brian Hermenze

 

[sunofwolf]

Looks better I may use it, Mar 5 is the dead line so plenty of time to appeal. I retype it again. Just doom of me not calling the mechanic to come and testify-but who knows maybe with this judge nothing would have work.

 

[AlmosN8kd]

My thoughts on Honda Fan's edits:

First part:

On 9/12/20 I drove down Townhouse Road and W Gardiner. My Dodge Neon began to speed out of control after I’d let off the accelerator. I didn’t know what was wrong with the car at this time; I slammed on the brakes attempting to stop the car. A Police Officer saw me from the other side of Townhouse Road and West Gardiner road. The officer turned on his lights momentarily to get me to pull over. Due to the nature of this emergency, I had already begun to pull over before the officer activated his light-bar. The officer asked for my Driver’s License and registration. I told him that I believed something was wrong with the car, as I rarely drove it and handed my License and Insurance Card to him. Admittedly, I was upset during the traffic stop because I was concerned about my wellbeing with the car’s alarming behavior. The officer went back to his car and then cited me with an unfair fine of $278. I reiterate that at this time, I did not know what was wrong with my vehicle. I had the car towed to my mechanic’s garage, Gregory LaClaire, who is ASE certified with 34 years of experience. After some troubleshooting, Gregory LaClaire found the problem – a frayed throttle cable.

My recommendations:
First sentence - 9/12/20? So, this hasn't happened yet???? I think you mean 9/12/19.
What direction were you traveling and on which road? Were you traveling South on Townhouse Rd and passing the intersection on W Gardiner? Or, East on W. Gardiner and passing the intersection with Townhouse Rd? Be specific to build the picture for the judge of where you were.
In this paragraph, you state that the MSP officer asked for license and registration; however, you handed him licence and insurance. Recommend providing clarification on the inconsistency or that you handed him license, registration, and insurance card (or something to that effect).
Was there any dialogue between you and the MSP officer? You mentioned that you told him something was wrong with the car, did he respond to your statement (if so, do you remember what was said)?
Don't state the fine was "unfair" as that is conjecture; you were cited $278 (statement of fact). You believed this to be unfair (statement of opinion).
I would change the sentence, "I had the car towed to my mechanic's garage...." to start something like, "Upon concluding my business with the MSP Officer, I immediately called a wrecker and had my car towed to my mechanic's garage..." This is to shape the sequence of events for the judge.
I would change the sentence, "After some troubleshooting, Gregory Laclaire found the problem - a frayed throttle cable." to something in the effect of, "On DD Mmm YYYY, Gegory LaClaire was able to complete his diagnostic of my car's malfunction, a frayed throttle cable was preventing the throttle plate from shutting when lifting my foot from the accelerator/gas pedal (the throttle would stick open); this caused the car to accelerate without any input from the driver and was the source of my over-speed condition on 9/12/19. Repairs were completed on 10/3/19 when I retrieved my vehicle." Do not assume the judge is mechanically inclined; it has to be clear what the cause and effect is (say what happened and what it means); you do this in the part below much better, maybe take some of the language below and add it to the original statement.


In this part:

Exhibit A. I received a new throttle cable from Modern Performance online on 9/23/19 and paid for it with a credit card, $73.

Exhibit B. I paid Greg LeClair $165 for a total of $238.

Exhibit C. I also took a photo of the frayed throttle cable in the car before it was repaired by Greg. I contested the speeding ticket because according to the evidence given, this was a case of car trouble and not an issue of recklessness on my part.

I took a AAA defensive driving course to sharpen my driving skills and got a certificate of completion on 9/28/19.

I went to court on Feb 14, 2020. The hearing started with the officer under oath saying he cited me at 68mph on radar. The officer then stepped down. I took the stand. I stated that my frayed throttle cable caused the car’s throttle to stay open, resulting in the car speeding out of my control. I also noted the speeding Fine of $278 seemed excessive for a car defect, especially one that I’d happened upon unknowingly. I’d maintained my car rigorously, and tended to fix things that came up right away.

I then gave the judge four Exhibits to support my case.

Exhibit A. Bill dated 9/23/19 from Modern Performance online with my name and address on it and credit card receipt For a New OEM throttle cable

Exhibit B. dated 10/3/19 repair bill from Greg LeClair auto repair for $165 with His Business Card and telephone numbers including cell phone.

Exhibit C. Photo copy dated 10/3/19 of the Frayed throttle cable before the repair.

Exhibit D. My completed AAA Defensive Driving Certificate.

Please consider my Evidence in Exhibits A, B, C, as I believe the judge did not review them at all.

At the end, you ask the appeals judge to consider Exhibits A, B, and C but not D? Any reason why?

Also, there are inconsistencies with Greg LaClaire's name; Gregory to Greg is probably no big deal; however, at the beginning you spell his last name as LaClaire and at the end it is spelled LeClaire; be consistent (and correct).

I recommend getting rid of any contractions; from my experience with professional writing, try not to use contractions. Don't should be do not; I'd can be read as I had (some may read this differently). Then, you get into the statement, "...one that I'd happened..." what does that truly say, "...one that I had happened..." sounds/reads very unprofessional (this is why removing contractions is important, it takes the slang or misinterpretation out of the document). I would make this change throughout the document to improve the tone of it as a whole.

Also, if your mechanic can't be present to testify, you could always ask for a signed and notarized statement from him as admissible evidence in court (if he is willing to provide one, he may not be). Maybe add this as Exhibit E?

 

[Honda-Fan]

@AlmosN8kd Thank You so much for your help .

 

[AlmosN8kd]

I appreciate the kudos but this is a team effort; this is 9thCivic against the Maine Courts system.

 

[sunofwolf]

Exhibits B repair bill was quite a in debt bill, stating on Bill -(the throttle was sticking)! Which is something I forgot about. And will have to point it out that the judge didn't read the bill very closely. I wonder what evidence is accepted in civil vs criminal. I would guess more is acceptable -civil than criminal and the difference does matter maybe. What a puzzle? I try again see if I can win by accident. they are in trouble for stealing so much money from people. ME has one million drivers and a ticket bill of 27 million or $27 fine for every driver one million and growing. I think Ca is around a $100 fine for every driver maybe more. My exhibit C pic is a solid piece of evidence-showing faulty accelerator cable in Car.
My exhibit B or A has my name and credit card on the part ordered.
I may have finished it maybe.

 

[sunofwolf]

I am filing a motion to reopen my speeding ticket cost $25. they could throw ticket out or retry it-then I bring my ace card in the mechanic in person or at least get the mechanic on the phone talking to the cop if he shows up? A lot better than filing a appeal for $175. They almost do the same thing except a appeal is final. Both could throw the ticket out . The appeal paper could be used on both. This motion to reopen was given to me by mistake when I went to get the appeal motion papers which pisses me off because its not even on the court's web site. The reason it's $25 motion to reopen not $175 for a appeal, but does close to the same thing. Just another way for these creeps to steal more money. A article on the front page in the newspaper put out news how the MSP threw a bus driver in jail charging this poor bus driver with all kinds of things even drunk driving-he had zero booze when tested. The charges where thrown out but not before he sat in jail with a $500 bail bond. I actually spoke to him and told him to sue -I know I would, but he wasn't interested-just a kind old bus driver for 35yrs of public service.

 

[sunofwolf]

Going to put on my acurity air filter on the honda si soon. I am going to ask my Mechanic to notarize the bill he gave me about the defective throttle cable and a short note and then file a motion to retry the speeding ticket. The notarized bill statement is a 100% solid argument to retry the speeding ticket. The judge could even dismiss the ticket so I am using motion to retry-$25 instead of the appeal $175. As you can see the appeal is 7 times more which just does to show what a bunch of organized criminals the cops and the court is. The motion to retry isn't even on the courts web site-left out on purpose by this bunch of criminals.

 

[bootyluvr]

Some how @sunofwolf 's boy Scotty showed up in my YouTube recommended videos....

I clicked the video (Mercedes G Wagon video) and couldn't stand more than 10 seconds of him talking. He's so ******* annoying. My ears were bleeding listening to him.

I can see why @sunofwolf likes him. They would be best friends if they lived close to each other.

 

[sunofwolf]

I have a Mechanic Gregory like scotty except he actually works on Cars-LOL, I do agree scotty can be annoying, but for people who know little about cars Scotty is the King. And Scotty's 2nd favorite Car is the older Honda's which I agree with. I am filing a Motion to reopen my Speeding ticket-$25 and Got a Notarized letter ASE certified Mechanic Gregory stated my accelerator cable was defective which I didn't have in court-I did have a bill-the Judge was suggesting I wrote it. Asking for a dismissal the citation or retrial.

 

[mySIck]

Some how @sunofwolf 's boy Scotty showed up in my YouTube recommended videos....

I clicked the video (Mercedes G Wagon video) and couldn't stand more than 10 seconds of him talking. He's so ******* annoying. My ears were bleeding listening to him.

I can see why @sunofwolf likes him. They would be best friends if they lived close to each other.

REV UP YOUR ENGINE'S. Lol could you imagine being his neighbor like god he is doing another video why is he yelling.