28 July 2011

3rd circuit: speeding conviction and sentence are not appealable judgments

City of Alexandria vs Frank Rambin

On January 14, 2011, Defendant, Frank L. Rambin, was cited in Alexandria for speeding, in violation of La.R.S. 32:63.

Defendant appeared for trial on the offense on March 24, 2011.

After considering the evidence presented, the city court found Defendant guilty as charged, fined him fifty dollars, ordered him to pay $120.00 in court costs, and directed Defendant to serve five days in jail if he defaulted on the fine and court costs.

The record shows that Defendant promptly paid both the fine and the court costs.

Thereafter, Defendant filed a pro se “Motion and Order for Appeal” with the city court;
Under La.Code Crim.P. art. 912.1(B), defendants in criminal cases may only appeal their convictions when their cases are triable by jury.
Therefore, because the potential penalty for speeding does not meet the criteria that would make the offense eligible for a jury trial, Defendant’s speeding conviction and sentence are not appealable judgments.
Though his conviction and sentence are not appealable, Defendant has the right to seek judicial review of those judgments by timely filing an application for supervisory review with this court. La.Code Crim.P. art. 912.1(C).
google image search: zenberg days of 47 - pioneer day 2010

that a speeding ticket even exists, much less that its regarded as a criminal offense with jail time attached is absurd and unamerican.

all the people have done here is to foolishly give the state the power to cashier their money from out their pocket -- into theirs; at the point of a gun and under threat of loss of liberty -- in order to steal it, to give to their criminal friends or to keep for themselves.

so whats an application for supervisory review a/k/a a supervisory-writ?

thats a good question. the louisiana state bar association has a sixteen page .pdf of mumbo-jumbo called supervisory-writ practice in louisiana courts of appeal.

it seems that if the state bar was really interested in helping us out they would draw up an example of a supervisory-writ so that the people could see what one looks like. the proper form, wording, format and so forth. then maybe more people could file them.

the third circuit gave mr. rambin a second chance to file the proper papers, that was pretty cool, so we hope that he takes them up on it. it would be a shame to waste a second chance.