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This is very long, but very worth the read. :) So today I stopped by Autozone to pickup a few odds and ends for the Z. As I was standing at the counter, one of the employees walked over and asked, "Hey, did you get pulled over memorial day friday?"
Me: "Yeah actually I did." Well, it just so happens that Autozone is across the road from the gas station where the cops were at that had previously pulled someone over - the same cops that ran me down and gave me the ticket. :) Clerk: "Well, I saw the whole thing. He heard your BOVs as you were shifting to second and he looked, said something to the other cops and then got in his car and ran you down." I about dropped a turd right there, but proceeded to contain myself and tell him a little more about it. Me: "Yeah he ran me down and gave me a ticket for failing to obey a traffic control device (speed limit sign) and said he paced me in excess of 60MPH but he cought up to me exactly a mile down the road." Then I asked him, how long do you think it took for him to get into his car and drive out of the parking lot and through the light? He said that the cop got to the intersection and the light had changed red about 10 seconds prior, but proceeded to go through the intersection without his lights on. Traffic was VERY light that evening, the clerk said there were no other cars around. And he said, it probably took him 30 seconds, at least. So, what this coroborates is exactly what I had expected - it took the cop ~30 seconds to get to the other side of the intersection where his attention was directed to me. If I were actually going in excess of 60MPH, the officer would have to go in excess of 120MPH to catch me within a mile. :) I asked the clerk if he would be willing to go to court with me to testify as a witness. He replied, "If you need me I will definately do that for you." I took his number and told him I would be in touch with him soon when I get my court date. So, not only do I have the mathematics to prove that I was NOT speeding, but I also have a witness that saw the whole thing and can state the facts that will leave the cop trying to explain how he caught me within a mile if I were doing in excess of 60. This is totally awesome. Anyone want to come see a really good court hearing soon? The officer will be scrambling trying to defend his testimony with the actual facts staring him right in the face. I think the fact that I have a witness to support the details that I wouldn't know otherwise (i.e. the time it took the officer to get through the light) will tell the truth of the officer's testimony. He saw and heard exactly what the officer saw. What I am hoping will happen is that the officer will state that I spun my tires as I started rather than the truth that the noise actually occured at 25MPH on the other side of the intersection. That will be the biggest damning statement he could possibly make because I have a witness that I have no relationship to, he just happened to see it, and he will state exactly where the noise occured. :) If the officer makes that slip he is certain to face loss. However, that is only an aspect of my case that will help put the officers testimony in the spotlight. The sole fact that it will be me and a witness vs. him will be very intimidating and making him as nervous as I can will be of great benefit to me. This cop is young, probably 23-28. He will be so nervous he probably wont even be able to see straight. This guy has no idea what he is about to face. My primary focus is to keep things level and not get excited. My questions and statements will be spoken in a "matter of fact" tone of voice. Judges do not like when emotion is expressed in a hearing and all they want to know are the facts, accentuated by nothing other than their literal value. Emotional speaking carries with it a sense of insecurity about the validity of what is being said. Words spoken in a montone voice are accepted more as truth rather than opinion or perception. The way I have constructed my "cross examination" (which is really what it has come down to), I will simply ask questions and let the officer give all the details. I dont even have to give my own testimony at all - that actually hurts your case more than hels it because for one, it is obvious that since you elected to go to court that your testimony will be different than the officers. What YOU have to do is get the officer to change his own testimony simply by asking him questions. :) The officer was only looking at what he wanted to see in order to justify his claims. I ask the questions that he overlooked and he will literally be defending me in his own testimony or make himself appear a fool by giving testimony that is contradictory to what actually happened. I am going to do some research on how exactly I need to go about this case with a witness. Im not sure when I want it to be known that I have a witness. If I bring him up with me when my name is called and introduce him as a witness, the cop will be very concerned with exactly how much my witness knows. This will make him very nervous from the beginning and it may make him very inclined to state the facts as close to what actually happened, rather than stretch them, which they are very well known for doing. If he states the actual facts, the simple fact that he would not have come close to catching me within a mile will be easily proven. On the other hand, if he chooses to skew the details about what happened at the intersection with respect to the time it took him to start to chase me, then my witness can give his testimony which will discredit the officer's testimony. I dont think a judge will be very thrilled about having a courtroom full of people hearing that a very credible witness is giving testimony that makes the cop look like a liar in an already very shady citation. We all know that the cop's word will beat your word if its just presented as "he said, she said." However, if there is a witness there, the cops testimony will be very difficult to believe if it isn't consistent. So, new factors involved in this case which further strengthen my claim that I, in fact, was not speeding. :) Constructive comments and suggestions are greatly welcomed.
[ ashleypowers.com ]
[ agpowers@bellsouth.net ] When pigs dance, you better get it on video...
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