automan1223
Active Member
- Joined
- Nov 3, 2003
- Messages
- 3,760
- Location
- Oriental, North Carolina
- Aircraft
- 2p Tandem Air Command "Big Red"
- Total Flight Time
- 250
Hey guys,
I know you are a busy bee these days but it was a shame that you missed my "big" trial. I was charged with 58mph in a 45. in Merritt. . For starters the cop did not even know where he was. He put Oriental on the ticket location. Don't laugh. I know a bit about radar, moving radar and decided to fight this ticket because Trooper J A Rink could not cite my speed when he stopped me in the parking lot at Williams in Merritt. He had to go back to his patrol car to look at his radar display to "refresh his memory" . This traffic stop was the strangest stop I have ever had. I was stopped by a cop who had no idea what my speed was. Here is the problem with that. According to case law, NC statutes and the NC Radar Operators Manual an officer is supposed to FIRST develop a tracking history, and form an opinion of the "targets" speed. then confirm that "opinion" with the radar speed meter readout. This is all they do at the Justice academy, this is what they eat, breathe and sleep during their hours at the academy....this is all this trooper is supposed to do for the last 3 years on the job.... There are several other important tasks the officer is supposed to do during the speed estimation function that I do not have space to go into here but the crux of the matter is how can one believe an officer did all these other critical things, and then have forgotten what
1: the speed he estimated you were going ? and
2. The speed readout of the radar .?
I mean, to believe that anything an officer says (after critical lapse of knowledge), would be credible is like selling someone a bridge."trust me".... sure thing.
The trooper insists under oath...."I did all those other critical things but my opinion of your speed and my radar numbers just fell right out of my highly trained noggin". ........I do not think anyone has actually seen this on "Cops" yet.
I had filed a subpoena for certain materials relevant to the case but the DA filed a motion to quash and would give me nothing.. I filed a motion to compel discovery and a motion to dismiss for improper foundation. Today was supposed to be a motions hearing.....I was not prepared for trial lacking certain discovery materials. I told the judge that I could not proceed today because I had not even gotten discovery ! Judge Paul Quinn dismissed both my motions without explaination, and dismissed my motion for a continuance even though my case was not ripe for trial and forced me into his Kangaroo court. I made the best case I could which was a mistake since tipping your hand to the DA for your future attack plan (read appeal) will only make things harder for the future. I was able to get the officer (squirming all the way) to admit that he in fact had to return to his patrol vehicle after stopping me to get my speed. 2. Tell me his brand new patrol car is not equipped with audio or video. 3. Had him admit that he has a digital personal voice recorder in the car, velcro'd to the door which he uses,on stops, but somehow this time he did not take it out for this stop. (now I know why it took him an inordinate amount of time to refresh his memory reading the radar, he was erasing his recorder! ) Can you smell the stink yet ? Of course he lied about the encounter and then lied where ever he could to bolster his case which was very very disappointing . I mean to lie about a traffic stop to this degree puts my faith in any officers statement concerning any other serious matter in serious doubt. AND I mean this from the bottom of my heart. I am guessing the outcome of the Flower murder case (2 hung juries) is the result of the publics experience with this kind of L.E. On a bright note I did get to see Officer DS tell the truth that was not in the states favor and the perp walked on probable cause, (many many charges) Really pissed me off. I know there are good cops out there, somewhere,wink wink, the problem is I never get them to stop me.... [The last trooper I encountered a year ago who wrote me for the same exact charge, had the video tape disappear and then shortly there after so did the officer, word was they moved him like bad catholic clergy to another parish.....]
In addition to other critical paperwork problems getting the officer to admit that he never checked to see if the tuning forks were the ones that were supposed to come with the radar unit, something he has used for 3 years, "they are the ones cause they were in the box" and "the forks returned the stamped speed on the radar unit" was good enough...wrong again.... the judges failure to rule in my favor on over a dozen undispensable points, on this battle that lasted about 3 hours only convinces me to thank god we still have a jury system in this country (for the moment) .
On a positive note I was given points / booby prize by the judge who found me guilty / responsible for the speeding charge but did not have me pay any monetary fines or court costs, (kind of a victory)...... I pleaded to the judge that I would much rather pay the court once than my insurance premium surcharge for the next 39 months. I orally appealed the order on the spot, I have 10 days to withdraw my appeal but having this much fun, at this point it is not about money but the truth. I expect better from NC highway patrol especially over something as minor as a speeding infraction, and I expected more from the Judge Paul Quinn whose charisma, charm and good looks only serves to conceal his contempt for common sense, the truth and the law...unless of course your attorney is the one who got him elected.....
If you do have a case, My fatal mistake was not having a court reporter there to establish all these errors the judge made, or any recording device period, would have made a great family video at the least....ha....Did I mention that they saved my case for last. 299 out of 300 ! God knows the public would not be allowed to hear any of this, It would make the system collapse overnight to see and hear such corruption.....I have to start all over again since none of my issues are appeal-able since with no record, it is like this trial never happened. But now the DA knows my battle plan having exhausted all of my salient points during this fruitless encounter. I should have stopped after the obvious but peppered them with technical points that a law worthy judge would uphold. I am sure they will be much better prepared for next time which is unfortunate in this kind of battle as the deck is already so badly stacked to begin with. I already knew this but figured (at least one fact) the facts would be obvious and the Judge would have to have some semblance of knowing the law, which I provided in memoranda in my motions, especially with all the damaging admissions I was able to get from the officer. My motions to strike, motion to dismiss, motion for a directed verdict for failure of the prosecution to make all the legal points required in a moving radar speeding case....all fruitless. I think they could have put a trained circus animal on the stand as a witness and I would have still been convicted.
In closing I somehow feel that both the DA and the officer felt, at least a little remorseful after I lost. Maybe I was hallucinating, who knows.
I made my points and made them as good as I could. I am no lawyer but I know that if any 12 jurors were to hear this case there is no way his story will ring true and I would have to eventually see some justice. As far as my guilt if the trooper got me going 58 it was in the 55 zone not the 45mph. In addition the troopers vehicle had NO INSPECTION STICKER and his antenna was mounted down low where the sticker would be, on an angle also against operation instructions. With the trial lasting so long it is hard to tell the whole story but you got the high points for now.
J
I know you are a busy bee these days but it was a shame that you missed my "big" trial. I was charged with 58mph in a 45. in Merritt. . For starters the cop did not even know where he was. He put Oriental on the ticket location. Don't laugh. I know a bit about radar, moving radar and decided to fight this ticket because Trooper J A Rink could not cite my speed when he stopped me in the parking lot at Williams in Merritt. He had to go back to his patrol car to look at his radar display to "refresh his memory" . This traffic stop was the strangest stop I have ever had. I was stopped by a cop who had no idea what my speed was. Here is the problem with that. According to case law, NC statutes and the NC Radar Operators Manual an officer is supposed to FIRST develop a tracking history, and form an opinion of the "targets" speed. then confirm that "opinion" with the radar speed meter readout. This is all they do at the Justice academy, this is what they eat, breathe and sleep during their hours at the academy....this is all this trooper is supposed to do for the last 3 years on the job.... There are several other important tasks the officer is supposed to do during the speed estimation function that I do not have space to go into here but the crux of the matter is how can one believe an officer did all these other critical things, and then have forgotten what
1: the speed he estimated you were going ? and
2. The speed readout of the radar .?
I mean, to believe that anything an officer says (after critical lapse of knowledge), would be credible is like selling someone a bridge."trust me".... sure thing.
The trooper insists under oath...."I did all those other critical things but my opinion of your speed and my radar numbers just fell right out of my highly trained noggin". ........I do not think anyone has actually seen this on "Cops" yet.
I had filed a subpoena for certain materials relevant to the case but the DA filed a motion to quash and would give me nothing.. I filed a motion to compel discovery and a motion to dismiss for improper foundation. Today was supposed to be a motions hearing.....I was not prepared for trial lacking certain discovery materials. I told the judge that I could not proceed today because I had not even gotten discovery ! Judge Paul Quinn dismissed both my motions without explaination, and dismissed my motion for a continuance even though my case was not ripe for trial and forced me into his Kangaroo court. I made the best case I could which was a mistake since tipping your hand to the DA for your future attack plan (read appeal) will only make things harder for the future. I was able to get the officer (squirming all the way) to admit that he in fact had to return to his patrol vehicle after stopping me to get my speed. 2. Tell me his brand new patrol car is not equipped with audio or video. 3. Had him admit that he has a digital personal voice recorder in the car, velcro'd to the door which he uses,on stops, but somehow this time he did not take it out for this stop. (now I know why it took him an inordinate amount of time to refresh his memory reading the radar, he was erasing his recorder! ) Can you smell the stink yet ? Of course he lied about the encounter and then lied where ever he could to bolster his case which was very very disappointing . I mean to lie about a traffic stop to this degree puts my faith in any officers statement concerning any other serious matter in serious doubt. AND I mean this from the bottom of my heart. I am guessing the outcome of the Flower murder case (2 hung juries) is the result of the publics experience with this kind of L.E. On a bright note I did get to see Officer DS tell the truth that was not in the states favor and the perp walked on probable cause, (many many charges) Really pissed me off. I know there are good cops out there, somewhere,wink wink, the problem is I never get them to stop me.... [The last trooper I encountered a year ago who wrote me for the same exact charge, had the video tape disappear and then shortly there after so did the officer, word was they moved him like bad catholic clergy to another parish.....]
In addition to other critical paperwork problems getting the officer to admit that he never checked to see if the tuning forks were the ones that were supposed to come with the radar unit, something he has used for 3 years, "they are the ones cause they were in the box" and "the forks returned the stamped speed on the radar unit" was good enough...wrong again.... the judges failure to rule in my favor on over a dozen undispensable points, on this battle that lasted about 3 hours only convinces me to thank god we still have a jury system in this country (for the moment) .
On a positive note I was given points / booby prize by the judge who found me guilty / responsible for the speeding charge but did not have me pay any monetary fines or court costs, (kind of a victory)...... I pleaded to the judge that I would much rather pay the court once than my insurance premium surcharge for the next 39 months. I orally appealed the order on the spot, I have 10 days to withdraw my appeal but having this much fun, at this point it is not about money but the truth. I expect better from NC highway patrol especially over something as minor as a speeding infraction, and I expected more from the Judge Paul Quinn whose charisma, charm and good looks only serves to conceal his contempt for common sense, the truth and the law...unless of course your attorney is the one who got him elected.....
If you do have a case, My fatal mistake was not having a court reporter there to establish all these errors the judge made, or any recording device period, would have made a great family video at the least....ha....Did I mention that they saved my case for last. 299 out of 300 ! God knows the public would not be allowed to hear any of this, It would make the system collapse overnight to see and hear such corruption.....I have to start all over again since none of my issues are appeal-able since with no record, it is like this trial never happened. But now the DA knows my battle plan having exhausted all of my salient points during this fruitless encounter. I should have stopped after the obvious but peppered them with technical points that a law worthy judge would uphold. I am sure they will be much better prepared for next time which is unfortunate in this kind of battle as the deck is already so badly stacked to begin with. I already knew this but figured (at least one fact) the facts would be obvious and the Judge would have to have some semblance of knowing the law, which I provided in memoranda in my motions, especially with all the damaging admissions I was able to get from the officer. My motions to strike, motion to dismiss, motion for a directed verdict for failure of the prosecution to make all the legal points required in a moving radar speeding case....all fruitless. I think they could have put a trained circus animal on the stand as a witness and I would have still been convicted.
In closing I somehow feel that both the DA and the officer felt, at least a little remorseful after I lost. Maybe I was hallucinating, who knows.
I made my points and made them as good as I could. I am no lawyer but I know that if any 12 jurors were to hear this case there is no way his story will ring true and I would have to eventually see some justice. As far as my guilt if the trooper got me going 58 it was in the 55 zone not the 45mph. In addition the troopers vehicle had NO INSPECTION STICKER and his antenna was mounted down low where the sticker would be, on an angle also against operation instructions. With the trial lasting so long it is hard to tell the whole story but you got the high points for now.
J