My wife and I appeared at the Olivette Municipal Court on Feb. 8, 2006. I had reviewed Missouri Supreme Court Rule 37.35, which states:
37.35. Information - Form of - Contents
(a) The information shall be in writing, signed by the prosecutor and filed in the court having jurisdiction of the ordinance violation.
(b) The information shall:
(1) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;
(2) State plainly, concisely, and definitely the essential facts constituting the ordinance violation charged, including facts necessary for any enhanced punishment;
(3) State the date and place of the ordinance violation charged as definitely as can be done;
(4) Cite the chapter and section of the ordinance alleged to have been violated and the chapter and section providing the penalty or punishment.
I neglected to mention earlier that on the ticket, there is a place for specifying the violation. Two checkboxes labeled, RSMo and Ordinance are available so it can be determined if one is charged with a local or state violation. In this box, only the number 600 is shown with no indication whether it is an ordinance or statute.
I explained to my wife, that when she approached the bench I will be standing behind her and when asked how she pleads, she should immediately make a motion to dismiss for insufficient information pursuant to Supreme Court Rule 37.35. The judge called her name and we approached the bench. Judge Paul D'Agrosa read the charge as "running a red light". When asked how she pleas, my wife said, "I'd like to make a motion". The Judge Paul D'Agrosa said he was not entertaining any motions, he would only entertain a plea. I leaned over to my wife and told her to plead not guilty and demand a jury trial. Which she did. The judge then looked at me and asked my wife who I was. I whispered to her to say that I was her counsel. She told the judge that I was her counsel. He then addressed me and asked me if I was an attorney, which I replied that I was not. He then told me that I could not be her counsel. My wife replied that she was capable of deciding who her counsel was. I again told her to demand a jury trial, which she did. Judge Paul D'Agrosa asked her if she wanted a jury trial for a traffic ticket? She said yes, and he directed us to the clerk to post the jury bond of $90. She later received by mail, her notice to appear on April 24, 2004 in the Circuit Court of St. Louis County for a "certified docket".
I prepared a Motion to Dismiss and Memorandum In Support of Motion to Dismiss in preparation for the April 24 appearance. There are a few typos on the original, which I have corrected in this version I'm posting. It is essentially the same document. My next post will deal with the court appearance itself.
Next, the appearance..............
