Ticket Update - Final Brief for Review

Alexander van Gerbig Audi_80 at email.msn.com
Sun Jan 27 23:35:07 EST 2002


    Howdy folks!  Well after feverishly working for the past week with a
great fellow through the NMA I have finished my brief and case preparation
for my court case on this coming Tuesday.  For those who don't remember or
haven't been around, I was charged with 69mph in a 35mph zone in Shelburne,
VT.  It is literally impossible for anyone to calmly travel at that speed in
the are where I was ticketed, plus the officer was heading towards me
supposedly with moving radar on and functioning properly.

    The real argument I should be going after is that when cresting a hill
the moving radar clocking the cruiser speed may have completely lost contact
with the side of the road causing the unit to believe the cruiser was not
moving or moving very slowly, possibly the cosine error occurred in this
case as well due to the two tight corners where he met me head on.  Since
the cruiser speed display is only refreshed 2 times a second it may have
never visually registered as a slower or even 0mph speed.  I may have just
caught this exact moment when the radar clocked speed of the cruiser was at
a very low rate, thus the extra actual speed of his car is added to my speed
by the radar equipment.  BUT this is next to impossible to prove, so nuts to
that, secondary case.

    Take a look at the brief... http://www.uvm.edu/avangerb/~finalbrief.doc.
The brief explains in quite a lengthy fashion how federal guidelines for
determining the speed limit in question have been ignored.  I have 25-30
pages of supporting evidence on top of this brief and should manage to tie
up the court for quite a while if the judge would like me to present the
case vs. just taking the brief, reading it, and making a ruling later.  Not
sure how it will all go down, but I've got a whole gameplan set up.

    Tell me what y'all think and wish me luck!  Thanks again for the
support!

Alexander van Gerbig
'91 200q20v (Crunched)
'90 90q20v (Sport)
'88 80t (R.I.P)

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