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Old 25-02-2010, 22:25   #136
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Doesn't every cruiser have a Blue Blazer (w/o a funky crest) Gray Slacks and Black Shoes stowed away..along with a decent shirt and tie? You never know where you might be "invited".

Leave the Greek sailor cap or Gilligan Captain hat on the boat.

Unless, of course, you are Thurston Howell IV.
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Old 25-02-2010, 22:47   #137
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Ready for Court...
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Old 25-02-2010, 23:00   #138
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Originally Posted by Not Sure View Post
Anyone claiming that ignoring such a legal summons, writ or order (in this instance a 30 day notice) because it "isn't signed" or some other 'technicality' hasn't spent much time watching the workings of an actual courtroom (and judge).

How To Get The Proverbial Book Thrown At You:
1) Stand up in front of a judge and tell him that you felt you could ignore the court order because the officer didn't sign it, and therefore you felt it was just a piece of worthless paper.

How To Not Get The Proverbial Book Thrown At You:
1) Move the boat first, and then request the hearing within 10 days in front of the court, and politely ask the court (judge) to explain to you how the recently passed Florida law pertains to moorings in the Miami/Dade area. In other words, ask the court to explain the law to you so that you are better able to abide by it in the future.
Oh, and wear a tie and a jacket, even if you need to go down to Goodwill and buy one.
This only works if the Judge in question isn't part of the problem. Some Judges only enforce the law properly, when forced to by someone who can show them the legal statute that applies in thier case. It shouldn't be that way but it can be! And yes definatly dress for court.
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Old 26-02-2010, 05:54   #139
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How To Not Get The Proverbial Book Thrown At You:
1) Move the boat first, and then request the hearing within 10 days in front of the court, and politely ask the court (judge) to explain to you how the recently passed Florida law pertains to moorings in the Miami/Dade area. In other words, ask the court to explain the law to you so that you are better able to abide by it in the future.
Oh, and wear a tie and a jacket, even if you need to go down to Goodwill and buy one.
Obviously different legal systems operate differently - but IME very important to give respect in both dress and attitude (whether one feels that is another matter). Coherency works well on that - and not basing your position on fair vs unfair, with or without ranting or foot stomping

Whilst asking the Judge for guidance may work in showing you are genuinely trying to follow "the law", if arguing that you are right and the Officers are wrong I would prefer to be armed with the law(s) that support me. and references to any similar cases that do the same......the idea is to both make the Judge's life easier (the elephant in the room is that he don't know everything about the law - just don't point that out in court - cos' he still knows more than you!) and also giving him legal reason(s) to find in your favour.

A bit of good humour sometimes works well (a lot of what the Judges do / see is dull and repetitive and predictable), and feeding the Judge an opportunity for a punchline. "so Mr DOJ, you thought you might as well be hung for a sheep as well as a Lamb?"....."well Sir, I wouldn't have put it quite like that" (accompanied by a suitably contrite and pained expression - with a bit of a sheepish grin in acknowledgement of Judge's great wit ). Didn't get off though - but then again, for technical legal reasons , and problems with the evidence (they had some ) that avenue wasn't ever on the agenda.......but a slap on the wrist was acheived and some learning points
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