Actual audio transcript of a speeding ticket trial held in the Hart County Probate Kourt on October 16^th, 2007 before Probate Judge Bob Smith. Below is a word for word transcript of the audio recording to help you better understand what is actually being said, and what to expect in a typical speeding ticket trial.

This is COPYRIGHTED intellectual property exclusive to the Georgia $peedingTICKETKILLER website. The Author of the Georgia $peeding Ticket Killer is willing to testify under oath under the penalty of perjury that the recording you are about to hear is indeed authentic, and an actual depiction of the events that occurred on 10/16/07 inside the Hart County Probate Kourt.

The voices you are about to here are that of Hart County Georgia Probate Judge Bob Smith, defendant Jeremy Scott Berong and a police officer whose name we do not know.

The first 15-30 seconds are some what garbled as they discuss the fact that the defendant is using a tape recorder to aid if necessary in creating a trial transcript, which is allowed by Georgia Case Laws. Then the audio becomes very clear and we pick up from there.

Click Here to start the recording with streaming audio. (slight delay), Click Here to download the audio.

Transcript

(Police Officer) And you also know that its not, ….we don’t have another hearing, it is just the transcript of this one

(Defendant) Right that’s all this is for is to create a transcript, but I would like to put into record that we are tape recording

(Judge) Well I’m not recording it

(Defendant) OK

(Judge) I’m going to put mine in record, OK on about July 6^th 2007 at uh like about 9-10 is that 9:42

(Police Officer) Yes sir that’s correct

(Judge) 9:42 PM. Jeremy Scott Berong was on Georgia 77 connector

(Defendant) Excuse me your honor ummm….

(Judge) I am stating the facts on the ticket on the citation

(Defendant) Well I just noticed were without presence of a prosecutor, I’m just wanting to know….

(Judge) Well I tell you what lets do lets just don’t have this hearing and you will let you go down to Hart County Sheriff’s department and post yourself a bond and you can get this case transferred to Superior court. You asked for a hearing with just the officer, we don’t have a prosecutor and you don’t have a defendant, you don’t, you don’t have nobody to defend you either…

(Defendant) I am defending myself

(Judge) Well he is prosecuting himself

(Defendant) OK well, you know,….. your honor although the officer is also an officer of the court he is not licensed or certified by the state to practice law or act in the capacity of a prosecutor, acting as both prosecutor and witness he cannot examine himself on the stand, and also there is no one here to object to my motion, you know your objection

(Judge) I’m objection, I’m objecting

(Defendant) But that’s the job of a prosecutor you honor, as a judge you rule

(Judge) Well you asked for a hearing in my court with the officer

(Defendant) No sir you scheduled a hearing in your court with the officer

(Judge) That’s right, and he’s here

(Defendant) That’s right, but

(Judge) Your now wanted so…..what we need to do is we need to call a deputy and let him come up here because the Superior court will not take this without you being bonded. Were going to send you down there and let you be booked you can get someone to come and post your bond for this which is gonna be a 300 dollar bond….

(Defendant) Your honor the uh, the trial is here today

(Judge) The trial is NOT here today

(Defendant) Yes it is

(Judge) No its not

(Defendant) I’ve got a letter stating right here it is here

(Judge) I don’t care what kind of letter you got it’s not what’s going to happen

(Judge) You don’t have someone, you know the courts also says there has to be a prosecutor but it also says there has to be someone to defend you

(Defendant) I’m defending myself your honor I’m not taking trial, I’m not taking the stand

(Judge) I will just call the sheriff deputy, go down and be bonded out because I am going to transfer this case to Superior Court

(Defendant) OK,…. I object to that

(Judge) You objected to everything…you have object to ….. hey

Judge on telephone: (Hey I got someone here that needs, has a speeding violation who needs to come down and be booked and needs to have to post a bond,….. I can, ….I can send that with the deputy, all right, bye)

(Defendant) I believe I have just been denied my constitutional rights your honor

(Judge) You may be, but I don’t think so. You are,…we don’t typically have a prosecutor in a hearing case, ….so we are going to move you to….sup…

(Defendant) Defense is ready for trial right now

(Judge) The prosecution is NOT

(Police Officer) According to you the prosecution is not. The prosecution is ready to go forward, but you objected to it. (note: police officer referring to himself as the prosecution)

(Defendant) I’m just, the only thing I am saying the only thing I am objecting to is I just asked who was the prosecutor, I noticed that we don’t have one.

(Judge) We don’t have one

(Defendant) OK, you said the office is the prosecutor

(Judge) He is ready to go forward, he is ready to go forward with your hearing

(Defendant) Well let’s go

(Judge) No were not going, you’ve objected to it because we don’t have a prosecutor

(Defendant) But what’s that mean,…. why do I have to pay a 300 dollar fine and get booked

(Judge) Your not going to pay a fine, your gonna pay you going to bonded, the bond for this charge right here is 300 dollars, you have to have a bond in order for Superior Court to hear your case. They will not take a case without a bond. And you’ve got to get bonded so I’m going to transfer your case to Superior court. You don’t want a hearing here

(Defendant) I want a hearing here

(Judge) No evidently you don’t

(Defendant) I want a hearing here, I’m just saying I mean we don’t have a prosecutor here that’s all I’m saying

(Judge) He is gong to present his case, you are going to present yours and I’m going to rule on it

(Defendant) OK

(Judge) And then you have a right to appeal it if you are found guilty

(Defendant) That what I am saying, thats what I am saying that’s…

(Judge) But you objected to us having it without a prosecutor

(Defendant) I just I… all I am saying was the officer is not licensed in the state of Georgia to act as a prosecutor

(Judge) We are here today for a hearing you objected because there is no prosecutor here. There is no prosecutor except the officer is here ready to proceed on with the case to present his case and you’re going to be your here representing your self to defend yourself

(Police Officer) are you licensed to practice law in the state of Georgia

(Defendant) No

(Police Officer) all right then

(Defendant) but as a citizen of the U S I have a right to represent myself in court

(Judge) So your saying the officer can’t ah , give testimony

(Defendant) The officer is representing the state, the officers not

(Judge) He is going to present his case

(Defendant) I’m not going to object

(Judge) Basically I guess your saying I can have one without having a jury, is that what your say

(Defendant) Naw, I said… lets just go ahead

(Judge) I don’t think we need to

(Defendant) We already started the trial

(Judge) We haven’t all I started out was reading it and you started objecting. I cut my recorder off. …….

(Pause)

(Judge) You don’t want to hear the officer’s evidence, of why he charged you with this. You know you got Jeremy you know at one time you had a speeding ticket back in my court,….hhhhmmmmm

(Defendant) I’m not on trial for that today

(Judge) I know your not and I, I reduced your speed down on that particular charge, if that’s what you think your going to get here today, if your guilty your going to be guilty

(Defendant) Well lets find out

(pause)

(Judge) Well let me ask you one thing are you willing to go ahead with the hearing with yourself defending yourself and,…. the officer giving his testimony and me ruling on whether your guilty or not

(Defendant) Do you feel like that’s a fair trial?

(Police Officer) You feel like it’s not a fair trial

(Defendant) Well how can a judge, I mean if he is going to act as a prosecutor how is he going to ask his self questions

(Judge) He’s not going to ask any questions, I’m going to ask him the questions if I need to ask any questions

(Defendant) How’s that being impartial your honor

(Judge) I’m going to ask you questions

(Defendant) OK let’s go ahead

(Judge) Then you can appeal it if you want to appeal it

(Defendant) OK

(Judge) If you appeal it your still going to have to go be bonded out because they will look at it.

(Defendant) OK

(Judge) OK I’m taking everything we have said so far has been discussion

(Judge) Both you all raise your right hand

(Defendant) I’m not taking the stand

(Judge) OK your not going to tell the truth so were not going to have this

(Defendant) I’m not taking the stand

(Judge) So your not going to tell, your not going to swear, No No No I think you know to much about the law for me to try to hear you. You don’t even, want to, … when I want to give you the oath to tell the truth and nothing but the truth, you don’t want to do that, certainly

(Defendant) I’m not taking the stand

(Judge) You going to set right there and tell what you want to tell, I can’t ask you no questions No, you need to be bonded out, you don’t need a hearing in my court

(Defendant) OK

End of Recording

So what happened? Jeremy Scott Berong was handcuffed, and taken by a deputy down to the Hart County Jail where he was booked and fingerprinted and had to post a 300 dollar bond. Now Jeremy will one day get his day in Superior Court, maybe?

Several VERY scary things here.

The police officer doesn’t seem to know that citizens of the United States have the Constitutional right to defend themselves in kourt, AND this judge decided this citizen knew to MUCH about the law to hear his case.

No defendant is EVER required to take the stand and testify against himself. That is what the judge was trying to FORCE the defendant to do. We at the Georgia $peeding Ticket Killer.com recommend NEVER taking the oath and NEVER taking the stand and testifying. Now you see why. The judge was blocked from asking the defendant any questions.

Remember in the state of Georgia, a Probate Judge does NOT have to be a law trained licensed lawyer to be a Probate Judge. In all other Georgia courts a judge MUST be a trained lawyer. A Probate judge can be anyone who suddenly wakes up one morning, decides to run for office and gets the most votes. Then he or she is presiding over your case and that’s why they don’t have a legal clue. Scary?

How about this? In the state of Georgia, every time a Probate judge finds a defendant guilty, a portion of their fine goes to the Probate Judges Retirement fund.

WTF???

Unbelievable but true that a Probate Judge in Georgia does not have to be a law trained licensed lawyer AND has a financial incentive to find YOU GUILTY. And it’s all legal. Ever wonder why everyone loses in a Georgia Probate Kangaroo Traffic Kourt? Now you know.

My hats off to the defendant Jeremy Scott Berong, who did such a good job prepping himself for what we call “Trial By Ambush” from the Georgia $peeding Ticket Killer CD.

My guess is his case is OVER and the defendant will eventually get his bond money back. My guess is the Hart County Superior court will never touch this case.

Think about it this way. Had he finished the trial with Billy Bob, that incompetent judge would have certainly found him Guilty and imposed a HUGE fine, probably a lot MORE than the 300 dollars he would NEVER get back. Billy Bob stated he had already cut the defendant a break before and would not be doing so this time. Think about it.

The Superior courts are NOTHING at all like the crooked traffic kourts. That is the ONLY place felonies can be tried. They usually have a backlog of 3000-5000 pending cases. They usually try on average 20-30 cases each year in Superior court. Guess what happens to the rest of them? The charges are either dropped, or are plea bargained out. Do you think they will put this man’s little speeding charge ahead of murder, or rape or child molestation cases? I don't think so. Jury trials also cost them a lot of money, way more than they will ever make even if the defendant were found guilty. It’s a loosing proposition for the Superior court.

Also, by Georgia law, the Superior court only has jurisdiction over a case if you ask for a JURY trial. Did you hear the defendant ever ask for a jury trial? NO, so by Georgia law the Probate Kourt has exclusive jurisdiction to try his case. By Georgia law it has to be in the Probate Kourt unless you ask for a jury trial because Probate courts can’t hold jury trials in criminal cases.

The Superior court people know all of this, and they “ain’t” stupid like this buffoon Billy Bob Smith. My best guess is he has WON and nothing else will ever happen. If it ever does we will let you know.

The defendant did a FANTASTIC job and should be very proud of himself.

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