-
- Jr. Member
- Posts: 30
- Joined: Thu Sep 15, 2011 10:40 am
Re: Insecure Load - Open For Discussion
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.