Re: Casting Doubt, was: Another speeding ticket question

[Nathan Belo <belo@eskimo.com>]

On Mon, 11 Oct 1999, Steve Jensen wrote:

> Greg Johnson wrote:
> 
> >Go back to the "scene of the crime" with a camera and take pictures of
> >the speed limit signs.  When you get to court (fight it) be calm, cool
> >and professional.  So the judge the pictures, tell him you speed and
> >explain that in this instance the officer was simply mistaken.  Not
> >wrong, mistaken.  Good luck
> 
> I whole heartedly agree with this one.  Be sure to "step" the pictures -
> have someone else drive and shoot pictures every 250 ft. or so, so the
> judge can see the natural terrain.  You may want to glue them to a poster
> board with a map showing where each photo is physically located on the map.
>  I did this about 7 years ago when an airhead hit my wife from behind on an
> single lane exit ramp.  Airhead was young, pretty and single; investigating
> officer was young, handsome and single, so he writes my wife an improper
> lane change citation(!).  My wife takes our show and tell project to court,
> judge throws it out.  The look on airhead's face was priceless when she
> realized our insurance was not going to repair her car for an accident
> _she_ caused.
> 
> The job here is to cast doubt: my brother, the former cop now attorney,
> just examines the details.  If he, like any other good attorney, can find
> holes in what they say, he (or you) can pick away at it.  If the officer is
> wrong, prove it.  If you show your map and ask the officer where he pulled
> you over and you have a clear photo of the speed limit sign (showing 35 mph
> speed limit, not 25 mph) on your show and tell, game over for him, judge
> throws it out.
> 
> As Steve B. mentioned, if you can afford it (and when its your license on
> the line, how can you NOT afford it?), get a good attorney.  Be prepared
> and stand up for your rights.  
> 
> End of rant.
> 
> -Steve Jensen
> (who almost got bagged by radar this a.m. for _not_ paying attention, won't
> happen again)
> 87 5KCSTQ
>    
> 
In Washington State, the officer must file an affidavit attesting to the
fact under the laws of perjury that it did in fact happen and the officer
witnessed it.  What this means is any ticket given after the fact where
the ticketing officer wasn't present or actually witnessed it is
dismissable.  It's kind of like hearsay.  So what does one say in court.

Judge says:  Do you have any pre-trial matters?
You say:  Yes your honor!  I make a motion to dismiss for failure to file
affidavit.  The ticketing officer was not present to verify that this did
in fact happen therefore his/her statement is not admissable.
Judge says:  Motion granted, case dismissed.

No pictures, film, video, diagrams needed and only about 2 minutes on the
stand.

If you were in an accident and an officer shows up and tickets you and you
don't fight the ticket the other person's insurance will use the ticket as
leverage to have you and your insurance company shoulder the liability.
If the ticket is thrown out, then it raises doubt.  Now I gladly smile at
tickets given to me (although I've never received any) where the officer
wasn't a present witness.  To be a witness, the witness (officer) had to
be there and see it with their own eyes, otherwise it is hearsay or
conjecture.  You might as well invite the local crystal ball reader as a
witness to what happened.

WARNING:  I am not an attorney.  Laws vary from state to state.  I've been
to court a couple of times representing myself or with representation by
an attorney successfully.  

'88 90Q
Nathan Belo
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