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Saturday, February 13, 2010

My Court Date:

DAVIDS DAY IN COURT
I went to court last evening, for my helmet ticket, I was concerned about the judge dismissing my case (they do that a lot out here). It did not get dismissed.
the prosecutor came to court extremely unprepared, He admitted to the judge that he couldn't find the "standard" he needed.(fmvss .218) the Judge didn't look happy, but we started the show.
The Officer took the stand, sporting baggy sweat pants and a Charlie Brown shirt. The prosecutor Started with the typical “base” questions, then quickly turned to the officer and asked “Based on your training and experience” to which I objected.
Turns out, “Thanks to the Quig case, I had a sworn statement from metro stating that they provide no training, regarding helmets.
Upon hearing this, the Judge turned to the LEO and asked if he had received any training, The Officer promptly folded his arms, set his jaw and (no exaggeration) sneered “absolutely not”.
The Momentum had swung, and the prosecutor being unprepared, stumbled around, more or less letting the Cop testify at will, with a question here and there. When they reduced there case to attempted personal attacks, the judge stepped in, and they quickly ended questioning.
When I started questioning, it turned into a wrecking ball, on the prosecution. The Officer behaved like a child in time out. The Judge was eyeballing the prosecutor, who had his arms folded, not having fun at all.
The officer had testified that my helmet contained no impact absorption material, so I asked him where this material is generally located, he replied on the inside, and rolled his eyes, like Duh. My next question was at what point in the stop did you inspect the inside of my helmet? (that he just got done saying he had not inspected). It was at this moment the Cop angrily yelled “I didn’t because you never took it off your head”.
Things were not getting better for the prosecution, as I set several traps, which they gladly walked into. The Judge, sensing this, waited until I was done with my questions, and stated due to the prosecution’s preparation deficiencies, we would continue next month.
The Cop Stormed out of the courtroom, and the Judge didn’t even wait for the “All Rise” command. He hauled ass into his Chambers. Thank you B.O.L.T.
David Stilwell