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  #1  
Old 11-03-2004, 08:19 PM
Sircnay
 
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Laid the smack-down in court today

Today's little fiasco:



The officer gave his story about how and why he pulled me over. Then I cross examined him and it went something like this:



"You were pacing me correct?"

"Yes."

"And for how far?"

"About 1/2-1/3 of a mile."

"Do you have any records of your speedometer having been calibrated before that night?"

"Yes."

"I mean do you have them now?"

"No."

"Your honor, I'd like to motion for dismissal, the officer doesn't seem to have enough evidence to prove beyond a reasonable doubt that I was speeding."



The judge denied my motion and I stopped questioning. Then I brought out a map of the area where he pulled me over on. It measured out to be a little over 1/4 mile around 1800 feet. That is nowhere NEAR 1/2 a mile.



So I explained to the judge about how I didn't think that it was possible for him to catch up to me, pace me and then make room for braking.



Then he questioned my friend who was there. The scary thing is as soon as she mentioned "He had a fresnoracing sticker on his car." The judge stopped her and asked what kind of car was it (nobody had a copy of the ticket there, not even Mr. Po-po.) and I freaked out because he hadn't asked any of the other witnesses about what kind of car it was in the cases before mine, and all of them lost their cases too.



When we finished he announced me to be guilty for speeding and I told him I'd appeal because he should've dismissed the case when the officer didn't bring his records of calibration.



As I went to the clerk's window she told me that the Judge changed his verdict and decided that I was not guilty and I smirked.



End of story.



Cliff notes:

-Denied dismissal

-Got named Guilty

-Got name not-guilty after i threatened to appeal.



The end.
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  #2  
Old 11-03-2004, 08:39 PM
HenryBowman
 
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Laid the smack-down in court today

Way Cool.



I applaud you!



HB
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  #3  
Old 11-03-2004, 09:12 PM
suijuris's Avatar
suijuris suijuris is offline
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Location: South Carolina
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Laid the smack-down in court today

Good one Sircnay, the judge tried to bluff you, way to call him on it and not back down!



Moving this to the success stories...
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  #4  
Old 11-03-2004, 09:40 PM
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KaosTheory KaosTheory is offline
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Posts: 805
Laid the smack-down in court today

Hmm I have read that Judges just love to tell you "If you don't like it, appeal" Like they couldn't care less about appeals. I am wondering if this is the real reason or maybe it was because you basically told him that you didn't consent to the verdict. Just wondering. I have heard of cases where the defendant just said "I can't accept that" during sentencing and the judge actually backed off and let them go.



Anyway, 3 cheers. That's a great win and good tactics.
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  #5  
Old 11-03-2004, 10:00 PM
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charlesa6 charlesa6 is offline
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Laid the smack-down in court today

Sircnay way-to-go. Awesome!!!!!!!!. Welcome to the forum.
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  #6  
Old 11-04-2004, 05:22 AM
gregtu gregtu is offline
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Posts: 823
Laid the smack-down in court today

GREAT!!!!! You tell them what to do; they don't tell you!!!! Way to go!!!
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  #7  
Old 11-04-2004, 07:48 AM
kgod999
 
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Laid the smack-down in court today

Khaos, i think there is some that needs to be researched (not accepting the sentence). it makes sense that if this is all administrative commercial ventures that they cannot force you to consent to their rules.
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  #8  
Old 11-04-2004, 09:10 AM
Sircnay
 
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Laid the smack-down in court today

Thanks everyone for the words of encouragement and applause, couldn't have done it without a lot of your help though and help from the big man up above.



Someone should find out though, because he didn't even offer me open court verdict announcement or by mail, he didn't ask me how I was going to pay my fines, whether a lumpsum or installments.



*shrugs shoulders* Who knows. Either way score one for the good guys.
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  #9  
Old 11-05-2004, 10:02 AM
Sircnay
 
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Laid the smack-down in court today

I was just thinking... I think that the Judge changed his mind afterwards so that the other people in the court house would see that my tactics "wouldn't" work. Damn, what a sly little fella.
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  #10  
Old 11-05-2004, 10:13 AM
gregtu gregtu is offline
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Laid the smack-down in court today

Of course...you know what would happen if their secret got out? You might see public hangings!!!!!!!
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