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Originally Posted by roybean  There's no convincing this judge; he ain't following no laws. No matter what I do, it will be the same. He will deny any motion. |
Don't just go in there citing the law, give him some examples or make a analogy. If he won't follow the law, ask him if he speeds through the school zone on his way to work or shoplifts. These are laws. Why would the law apply in those situations and not in the situation that you are in if it's a law?
In addition, sometimes the law is implied because it is simple common sense and the people who wrote the statute failed to spell it out as they all implied some type of common sense. There are always exceptions implicit in statutes where to fail to read that exception in is to destroy the purpose and legislative intent of the statute.
You might want to research the intent behind the law you have the show cause order on. Perhaps letting the judge know the purpose and intent of the law will change his perspective.
Course there have been cases made upon not using common sense like the Mickey D's hot coffee case. I would have thrown this case out if I were a judge. You order hot coffee, you get hot coffee. You are a klutz if you spill it on yourself and get burned. Why should Mickey D's pay if you got what you ordered and by your own klutzyness hurt yourself?
