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this cop got owned

Discussion in 'Exploring everything under the sun!!' started by rydinhigh, September 20, 2002.

^^Searches ExplorerForum.com^^
  1. rydinhigh

    rydinhigh Guest

    Got this from another board. its kinda long but deff. worth reading.



    All the civil case were shuffled into a smaller courtroom. I saw the Trooper on the way into the court so I knew that my 1st line of
    defense had been eliminated. We were both sworn in and the officer proceeded to read his statement.

    I interjected, "Objection, Your Honor! The witness is reading from notes. He should have independent recollection."

    Overruled, continue"

    This threw the Trooper for a curve, as he had lost his place and struggled to regain the flow of the story. I let the him finish his story and he rested. Then I started in on my 3 pages of cross-examination questions. Because I was overruled on the reading of a statement, I couldn't specifically ask him if he had independent recollection of the events. If he didn't, his testimony could have be thrown out because, in reality, he has no knowledge of the events without reading the citation. I asked several detailed questions relating to who, what, where and when, to which most of the questions he had no recollection. This weakened his credibility.

    "At what distance did you obtain the speed measurement?"
    1044ft

    > What part of my car did you aim at?
    > The front

    > Trooper Mackenzie, What is the width of the laser beam @ 1000ft?
    > I don't know

    > Do you hit what you aim at with 100% accuracy?
    > No

    > If not, how can you be absolutely sure you hit my car at 1000ft?
    > I can't

    > Could you hit a target at 1000ft with your weapon?
    > With luck

    Can you attest that the information written on citation K1028597 is
    true andcorrect?
    > Looks at citation for a few seconds...."Yes"

    > ME: The defense offers exhibit A, the vehicle registration for
    > aforementioned vehicle.

    > Trooper MacKenzie, can you recite for the court the plate type as
    printed on the registration?
    PAS (Was VAN for vanity on citation. I have a Veteran plate on
    the Cobra)
    >
    > Let the record show that the plate type on the citation DOES NOT
    match the vehicle registration.
    >

    > Trooper MacKenzie, can you recite for the court the registration #
    as printed on the registration?
    VTJR39 (The Citation said just JR39)
    >
    > Let the record show that the registration # on the citation DOES
    NOT match the vehicle registration.

    > Trooper MacKenzie, did you look at the registration while writing
    the citation?
    > Yes
    >
    >
    >
    > If you testified that the citation is true and correct then why
    does the plate type and registration type on the citation not match the
    registration?
    > Sometimes the DMV can make mistakes.
    >

    > OBJECTION, Your Honor! The Witness is not qualified to speak as to
    what the DMV does.
    >
    > Sustained.
    >
    > Trooper Mackenzie, if the plate was indeed a vanity plate, what
    would it say?
    VAN
    >

    > Trooper Mackenzie, are you familiar with MGL, Chapter 90C, section
    2?
    > No
    >
    > Defense offers an excerpt from aforementioned law. This states that
    the violator shall be requested to sign the citation, acknowledging
    receipt. (Not a defense on its own but it doesn't help the Trooper)
    >

    > Did you ask me to sign the citation?
    > No, but it is State Police policy to....
    >
    > Objection, Your Honor. Non-responsive after No. (He can only
    answer Yes or No)
    >

    > Are you familiar with MGL Chapter 66 Section 10 covering inspection
    of Public Records?
    > No
    >
    >
    >
    > Did you receive my request for inspection of public records related
    to this case?
    >
    > Yes


    > Did you furnish any of the requested documentation?
    > No, I understood that it only could be subpoenaed.
    >

    > Trooper Mackenzie, this is a civil case to which subpoenas don't
    apply (bullshitting here). A public record is a public record and you
    should have complied as the law states within 10 days. The law also states that the burden of proof lies with the state to precisely prove why it is not a public record (This is true..right from the law!) Your honor, I offer exhibits B and C. The request, based on Mass General Law Chapter 66, Section 10 that I sent to Trooper MacKenzie and the
    United Stated Postal Service Return receipt for the letter which was sent
    via Certified Mail.


    > No further Questions, Your Honor.
    >
    > Offer to move into evidence all previously identified exhibits.

    > The judge asked me if I wished to testify. No wanting to
    incriminated myself I answered, "No affirmative defense, Your Honor"
    >
    >
    >
    > I don't have to testify. If I did, the Trooper could ask me if I
    was going 103 to which I would have to say 'yes'. The Judge asked if the Trooper had anything else to add. He said he had a few questions for me. The Judge said no because I was not testifying(ha-ha!)
    >
    >
    >
    > At that point, I went in for the KILL!!!
    >
    > "Your Honor, Motion for finding of NOT RESPONSIBLE on the grounds
    that the people's case is insufficient as it stands now, in that
    >
    > 1.There are both factual and procedural errors with the citation
    >
    > 2. The was no foundation (calibration) shown for the speed
    measurement device
    >
    > 3. The request for public information relevant to the defense's
    case was not acted upon by the Trooper in accordance with the law.
    >
    > 4. The officer did not seem to have have independent recollection
    of the events and therefore his testimony should not be considered.
    >
    >
    >
    With that, the judge looks over the citation and the
    registration and offers his decision, "While I have no doubt, Mr. Robinson, that you were grossly exceeding the speed limit at the time, there are errors on the citation that this court cannot not overlook. The court takes No Notice of this case. Slow down, Mr. Robinson."
    >
    >
    >
    > Wohoooo!
     
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  3. coolchris

    coolchris Elite Explorer

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    it would be a good idea to learn to speak in court like that guy!
     
  4. Mikes95XLT

    Mikes95XLT Active Member

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    Geez! Can you teach me how to talk like that in court?? I'll make it home from school a helluva lot faster with that in mind! Nice work!! :cool:
     
  5. jimbo74

    jimbo74 Elite Exploder

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    i did that once... and got the chrge reduced to 1 point for speeding versus 2 points for wreckless speeding..... cop said i was doing at least 70 in a school zone....judge says i probablty wasnt speeding more than 40.....well, i was actually going 80...but the courts will never know :) and it was at night so no kids around
     
  6. Crankcase

    Crankcase Moderator Emeritus Moderator Emeritus

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    Usually smart alecs lke that get creamed by the judge. If you do the crime, pay the time....:)
     
  7. addkev

    addkev Well-Known Member

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    Yeah, we tried that and to no avail. We still had to pay the fine and take defensive driving.
     
  8. jimbo74

    jimbo74 Elite Exploder

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    i know about the whole if you do the crime be prepared to do the time... and am now a full supporter of that.... but that experience was when i was a senior in high school and had my second girlfriend... she always managed to get me in to trouble (well, i got myself into the trouble, but she influenced my decisions a lot)
     
  9. Alec

    Alec Elite Moderator Moderator Emeritus

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    I got a ticket a few years ago that I was innocent of (stop sign). Through various motions, gathering of evidence, and a little help from the University Legal Services, I got the case thrown out :D There should be a thread about it somewhere....
     






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