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Subject 2nd, been there done that
     
Posted by 300zx90 (CO) on October 18, 2006 at 6:54 PM
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In Reply To Nope posted by NytWolf on October 18, 2006 at 04:43 PM
     
Message CO law says you have to cross the stop line before the light turns red. I did, but the cop wasn't watching me. He simply noticed I was in the intersection when the light was red and assumed I entered illegally. I fought the ticket in court and the cop admitted that he wasn't watching me, or the stop line at the instant the light turned red. Furthermore he placed the vehicle in front of me at the center of the intersection when the light turned red with me close behind him. Based on the size of the intersection, his description placed me well beyond the stop line (I had satellite photos of the intersection with me). Finally, based on the timing of the lights and his recollection of events, simple math showed that I had to have passed the stop line. Math, physics, and the officer's own testimony were on my side.

Did it help? Nope. Despite the clear and simple requirement of the written law, the officer's admission that he wasn't paying attention to me or the stop line, and the officer's vindicating testimony (he turned out to be my star witness), the judge ruled in his favor "beyond a reasonable doubt" because he's a trained officer and his accusation of guilt trumps my claim (and proof) of innocence. He says I'm guilty therefore I'm guilty.

I then appealed the ruling based on the fact that NONE of the evidence supported the ruling including all circumstantial evidence (which was all in my favor). The appeals court denied my plea because 1) they are not permitted to review facts, only procedures, and 2) circumstantial evidence is sufficient to support the officer's suspicion. Note that apparantly ANY circumstantial evidence is sufficient, regardless of whether or not it actually supports the officer's accusation.

The next step would have been to appeal to the Colorado Supreme Court which, based on my experience with the magistrate and the appeals court, would have been a further waste of my time. Needless to say I'm completely disgusted with the Colorado legal system.

Nevertheless, it's worthwhile to go to court and plead your case. Describe your recollection of the events, your (hopefully) clean driving record, and hope for leniency. Just don't expect to win unless they made a procedural error.

________________________________________
NA to TT, starting from the ground up...

Proper check valve inspection per the FSM...

     
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