XSG - 1 G 2 Many ([info]xsg) wrote,
@ 2009-03-25 20:57:00
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Mixed Blessings...
All of the preparation I've done for my court trial was for naught.

My first trial date was a week ago Tuesday. St. Patrick's Day. Officer Minor was in SWAT training that day and couldn't attend, so he requested a continuance. I, however, showed up, because I wasn't made aware of this beforehand.

The judge offered me to reschedule my trial date and told me that he wouldn't permit the police department another continuance. He also told me that if for any reason I was unable to attend the trial, I could call in and request a continuance as well. We rescheduled for this Friday, the 27th.

I received mail, today, from Officer Minor, telling me that he's requesting another continuance, and that I can either not show up for my trial in which case the court will automatically reschedule, or I can show up and contest the continuance with the judge.

In other words, I'm off the hook. I've got to show up on Friday and I'll be done. No $175 fine.

I was looking forward to seeing if my argument had legs. Heck, I've spent some time researching and preparing an opening argument and cross examination questions. But I'll take a dismissal instead. Here's me, victorious.



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[info]stigant
2009-03-26 03:19 pm UTC (link)
Congrats! Verdict: innocent by reason of apathy on the part of the citing officer.

I think the officer should have cited you for following too closely. It's not that you were following too close to the guy you hit, but you were following too close to the car(s) that swerved to miss the guy you hit (ie too close to avoid anything that they can see but you can't, like the stopped car in front of them). I think that if he had cited you for that, your case doesn't hold water.

But, as he cited you for driving too fast, I think it's probably a close call. As you said, you could have caused damage whether you were driving 1mph or 100.

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[info]xsg
2009-03-26 04:37 pm UTC (link)
I hadn't thought about it quite that way, and, you know, I think you might be right.

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