Hello - I'm a long time forum reader that has never really had much to contribute. Maybe that will now change. A friend was driving through a construction zone where the local police were conducting a traffic blitz. They pulled him over and charged him with an insecure load. He has asked me to assist with disputing the charge. I have reviewed the ticket and see no fatal flaws however, I will post it for review in case I missed something. I am also attaching a picture of the "insecure" load. If no one else sees a fatal flaw I will submit for option 3 and post disclosure when we get to that stage but for now, I would be interested in opinions. Thanks in advance.
Well - went to court today. Retired officers DO show up for court and provide evidence based on memory. When it was my turn to cross examine I stated I was a little unprepared as there was no indication in the disclosure as to the evidence he was to provide. The prosecution stated that in the officers notes that were provided that the other officer is referenced. In the end it really didn't make much difference. His testimony was that he could not observe if the load was secure or not. The other officer provided his evidence and the prosecution hung their case on "dislodge". I had arguments prepared for "blow" and "fall" but not for dislodge.We bantered about what "dislodge" was interpreted as, as well as that "strapped" is not an element of the charge. In my summary, I used the load was loaded and "contained" argument but in the end, I lost. Interestingly enough, the officer that provided the majority of the evidence was waiting for me outside the courtroom and shook my hand and said I did a good job. Good experience either way. Thanks for the input guys.
Well - went to court today. Retired officers DO show up for court and provide evidence based on memory. When it was my turn to cross examine I stated I was a little unprepared as there was no indication in the disclosure as to the evidence he was to provide. The prosecution stated that in the officers notes that were provided that the other officer is referenced. In the end it really didn't make much difference. His testimony was that he could not observe if the load was secure or not.
The other officer provided his evidence and the prosecution hung their case on "dislodge". I had arguments prepared for "blow" and "fall" but not for dislodge.We bantered about what "dislodge" was interpreted as, as well as that "strapped" is not an element of the charge. In my summary, I used the load was loaded and "contained" argument but in the end, I lost.
Interestingly enough, the officer that provided the majority of the evidence was waiting for me outside the courtroom and shook my hand and said I did a good job.
nice one, wish more people would report there feedbacks on here# txs buddy
nice one,
wish more people would report there feedbacks on here#
txs buddy
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
Agreed. It is nice to hear back from posters on how their cases resolved.
bobajob wrote:
nice one,
wish more people would report there feedbacks on here#
Agreed. It is nice to hear back from posters on how their cases resolved.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
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