Monday was an interesting day in county court

County Court

It was county court day, Monday at the county courthouse in Nelson.

There were the usual no-shows, one of whom had a legitimate excuse: no one had arranged his transport from jail to court. Another messaged in sick (supposedly) from Kansas City. Another called in late and earned the displeasure of the judge.

The docket was unusual in one respect. A trial for a speeding ticket which covered 90 minutes.

Jason Miller, a deputy with the Nuckolls County Sheriff’s Department, was on patrol duty February 9, 2024. He was traveling north on Highway 14 when he observed a semitractor-trailer in the southbound lane. Based on his training and experience, he determined the vehicle was traveling at a speed greater than the posted 65 miles per hour speed limit. He verified, with the radar equipment in his patrol vehicle, that the suspected speeder was traveling at a speed of 72 miles per hour.

Miller proceeded to initiate a traffic stop. The operator, Amandeep Singh, who was the holder of a commercial drivers license (CDL) issued by the state of California, was apprised of the fact that he was operating his vehicle above the posted speed limit. Singh was on Highway 14 because of a detour from US 81 which was closed between US 136 and Highway 8 because of a bridge failure. Traffic was detoured through Superior while repairs were made to the bridge.

Singh could have paid the $25 fine and court costs associated with the infraction and resolved the issue by mail. He chose to plead not guilty and took the case to trial. What made this case unusual and lengthy was the need for an interpreter. Singh was represented by Logan Hoyt, an attorney from West Point. The defendant requested a Punjabi interpreter. Translator services are provided by a fund from the state. The interpreter appeared via Zoom, a video application which provides visual and voice representation.

The prosecution, represented by John Hodge, county attorney, presented its case. The prosecution would offer its evidence to the court. The interpreter would translate the verbiage for the defendant, Singh. Any response, from either party, would have to be translated. At times the interpreter stated he could not hear the verbal evidence and it would have to be repeated.

Hodge opened with Deputy Miller on the witness stand. He ascertained his qualifications as a certified law enforcement officer in the state of Nebraska.

He was asked to recall the traffic stop for the defense and the court. Hodge led him through the certification process for the operation of the radar equipment as well as his training for said device. Hodge entered copies of the traffic report and the current certification of the radar equipment as evidence.

Hoyt was next to question Miller. He sought to challenge the accuracy of Miller’s testimony. He noted that at no time was the actual speed of the infraction mentioned. He asked the case be dismissed.

Judge Burns read from the transcript (all of the on the record court proceedings are recorded and transcribed) that Miller had indeed, on two occasions, mentioned the specific speed.

After more legal maneuvering the defendant was asked if he wanted to testify. The courtroom was cleared of all but the defendant and his attorney. The interpreter spoke with the two in private.

Singh decided to testify in his own defense. He stated he had picked up a trailer load and was headed south when he encountered the detour. He noted he was unfamiliar with the roads as he normally traveled main traffic arteries. He stated he was under the impression that he was observing the speed limit.

The attorneys presented their rebuttals and closing arguments to the judge. This occupied a considerable amount of time as every exchange was translated.

Singh then asked, through his attorney, if he could address the court. Judge Burns granted his request. Singh made an impassioned plea for mercy claiming a guilty verdict would have a ruinous effect on his CDL standing. The sheriff’s department was unable to obtain an abstract of his driving record. California does not release that information.

Judge Burns wasted no time in rendering his verdict. He found that the state, with a preponderance of evidence, had proved beyond a reasonable doubt, that Singh was guilty of the infraction of speeding between six and 10 miles over the posted speed limit. He was ordered to pay a fine of $25 and $49 in court costs. Judge Burns noted he shared Singh’s concerns but the law was the law and he could not make an exception. The case was closed and the 90 minute ordeal was over. The judge thanked the interpreter. Justice and lunch were served an hour later than usual.

 

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