You pay for your legal representation if you choose, the State provides the room & judge. With that being said, heed the warning of how impartial the "retired admin judge will be" being that he/she in essence is there on the BARs $$. We lived this, the BAR lied their ass off and the "impartial" judge ate their crap up.
Thats what pissed me off. I was expecting the defense attorney I talked to simply say. Dont sign a damn thing. Instead I got information that implied I cant win no matter how much I pay.
It seems any licensee gets this kind of treatment. Ive seen lesser punishments handed out for DUI's and neglegant speeding but, accidental oversight on a tamper? What a waste of tax payer dollars when they could be shutting down and convicting the cleanpipers and cheaters.
Unfortunately the reality is the BAR had weeks if not month's to prep the vehicle for the undercover run. They will bombard the "impartial" admin judge with all sorts of smoke and mirror tactics such as how many times the vehicle was checked for the tamper to remain intact, how it would be impossible for you to complete the test "properly" and not catch the tamper they set up. In reality you get very little opportunity in regard to your meat and bones defense tactic, they will make sure to make it seem like you are "purposely" cutting corners and that is why you "obviously" where careless and missed their tamper. In our case, it was noon and the F'n State attorney had not even gotten to the actual tamper yet, was just a bunch of legal jargon about the set up and why per the outlined BAR procedure manual when "x" step is done then "y" should be noticed. For the purpose of anonymity my boss doesn't allow me to go into the vehicle type or what the tamper was but it was unreal how they lied their ass off and got away with it.
Let me be the third person to tell you , that you will not get a fair hearing. I personally called the office of the attorney for bar , found out from an unwitting sec. That the building is supplied by bar ,the judge is also,and even if the judge were to side with you,bar has last choice .
I thought you could appeal the admin law judges decision and take it to a regular court?
Was this a carb or tbi truck. If it was a carb truck the TAC would be listed on the vacuum
diagram and I dont think there would be much of a defense. Usually the fi models dont show
TAC on the label or vacuum diagram which could help you.
Friend of mine had court not too long ago. Says the first thing the judge did was DISCLOSE that the agents wife was friends with the his (judge) wife. That in it self proves how they own that court.......