RAY`S response to David

OFF THE WIRE
Dave,

Thanks for the courtroom story. The cop's frustration and humiliation was palpable, and the prosecutor's impotence was pathetic. These cops are so fucking arrogant on the street. They can't pull over an old lady for an expired registration sticker without giving her a lecture. And I think one of the joys of having a cop on the stand is that he is no longer in "control," and this cop, apparently, found that so intolerable that he went out of control.

One thing that you could have done when the prosecutor sought the continuance was to object to it. At the beginning of the hearing you answered "Ready" and the prosecutor answered "Ready." If he was unprepared, then he should have sought a continuance before the hearing. You came to court. You came prepared. If the prosecutor can't make his case out then the Court should just dismiss it.

On the other hand, it sounds like you were having so much fun that you may have wanted to continue on with the trial, keep the cop on the stand longer, and have the opportunity also to beat up the prosecutor with FMVSS 218. You know the prosecutor is going to be no more well prepared with 218 in his hand than without it. He might as well have a text of mathematical formulas explaining the space-time continuum.

Indeed, when you go back, put 218 in the cops hands and ask him where 218 says the helmet has to have padding or any other particular fabrication. If you can get the cop to acknowledge that he has no clue how to faithfully apply the helmet law, then you have achieved some good points for a declaratory relief or injunction trial to void your helmet law.

In terms of Jan's suggestion that you get the official transcripts of the audiotape, I couldn't agree more. This is the type of evidence you will need later on for an injunction case.

Ray