30 months and 13 court appearances i havce made and i cant get a trial, even with the nj supreme court ordering the case to proceed to trial over 2 years ago.

talk about my rights completely taken away, jesus

100 percent of the burden to proceed to trial is on the State.

There is no way as a matter of law the law division of the appealate court can mention the good ole boys network you talk about, in a opinion. they must go by the law.

I have made 13 court appearances with attorney over a 30 month time, …each time ready for trial to meet my fate, win or lose.

there can be no legal justification, after the nj supreme court ordered the cases to proceed to trial in jan of 2006, for the State to not have initiated a trial in any one of my 13 court appearances.

i am entitlted to due process, not the taking away of 30 months of my life for the lowest level first offense dui.

According to Miriam-Webster ( 2008, http://www.merriam-webster.com/dictionary/sanction ), this is defined as:
the detriment, loss of reward, or coercive intervention annexed to a violation of a law as a means of enforcing the law.

According to Miriam-Webster ( 2008, http://www.merriam-webster.com/dictionary/coercing ), this is defined as:
1. to compel to an act or choice
2. to restrain of dominate by force
3. to achieve by force.

According to Miriam-Webster ( 2008, http://www.merriam-webster.com/dictionary/annex ), this is defined as:
1: to attach as a quality, consequence, or condition
2archaic : to join together materially : unite
3: to add to something earlier, larger, or more important
4: to incorporate (a country or other territory) within the domain of a state
5: to obtain or take for oneself

Now that we have a definition of what a sanction is, we can now see that from sanction ( coercive intervention annexed to a violation of a law as a means of enforcing the law ) this is a condition in addition placed on the original infraction of the law. To become a third-party to a legal proceeding by others for the protection of an alleged interest ( Mirriam-Webster, 2008, http://www.merriam-webster.com/dictionary/intervene ) combined with coercion, the state has now become a FORCED third-party to enforce a law. Well, the “sanction” has now become an addition ( annex ) to the original law. In other words what ever the state law dictates for the infraction, the other third-party is adding to the penalties of the state law. Since a sanction is defined as “the detriment, loss of reward, or coercive intervention annexed to a violation of a law as a means of enforcing the law”, how can they say this does not apply additional penalies and/or fines to a state law.
Penalty is defined as the suffering in person, rights, or property that is annexed by law or judicial decision to the commission of a crime or public offense ( Mirriam-Webster, 2008 http://www.merriam-webster.com/dictionary/penalty ).

BOTH SANCTION AND PENALTY are no different in meaning. Each are applied reprocussions to an offense, yet they are applied at different time periods within the Juducial System by different governing bodies. In other words, each time an action is taken on a single offense, a damage is assessed to this action. This violates the double jeopardy law that is supposed to protect the US citizen.

This has additional reprocussions. In the current Judical System, a defendent can be brought to court for the offence in two different court systems. The Criminal and the Civil. This has always been a concern of mine ever since I was interviewed for a cival case jury. The defendent had already been brought under a judicial system and was aquitted. He was then brought before a civil court for punitive damages that were all based upon the original alleged offence in criminal court, in which they was acguitted. If this is not double jeopardy, I do not have any hope for our society. Either they are guilty of a crime or not. The prosecution has one chance to prove beyond a doubt to show that the defendant is guilty of a particular crime or not. You should not be able to then try and apply civil actions based upon the same alleged infraction no matter the what the action is named. This is nothing more than applying a single offence in two different court systems in order to gain a favorable result. In other words, according to the Fifth Amendment, is an action either a crime or not. then try the individual for the crime in the Criminal or Cival, not both. The idea that an individual can be tried in both, “NOT” either, has always sent bone-chilling effects, not matter the case.

And I can understand the 13 appearances, I do feel for you. As I have been exposed to, most of this is the fault of your Attorney. Yeah thats right, First they are nominally on a pay by hour basis, enough said. Secondly 99% of the participate in hallway trials. That is where every attorney and their illegitimate child approach the States Attorney and use the good ole boy club card to help out buddies. Thirdly the meaningless shadow tactics and useless motion that they render to cast a shadow.

A wise man once said, it’s not mans obligation to cast shadow of a doubt, that’s what the sun is for.

Back to the point at hand. You find me 12 jury members for every DUI, which in my state was 114,000 +/- a few, pay the jury members, add the cost of the trial, and watch the taxes, court filing fees, fines and other tax payer expenses sky rocket. All to the end of the Attorney and defendant entering a plea to a Misdemeanor with Community Service. The court system can’t take serious, what the Attorneys treat as Child Play.

i have made 13 court appearances over 30 months time for a simple low level dui first offense, and i can’t even get a hearing on the matter, let alone a trial.

to take it further, the nj supreme court ordered all alcotest dui cases to proceed to trial in jan of 2006…

the entire situation that i keep being ordered into court by the judge, and am not allowed to have a hearing or trial because the State wont initiate a trial, it is beyond belief, but true.