From: david@elroy.jpl.nasa.gov (David Robinson)
Subject: Re: Justice!
Organization: Image Analysis Systems Group, JPL
Date: Mon, 27 Jul 1992 19:46:45 GMT

In article <1992Jul24.153946.10610@znext.uucp> erika@znext.uucp (erik astrup) writes:
>david@elroy.jpl.nasa.gov (David Robinson) writes:
>
>: P.S.  Yes I won my case, amazing!
>
> So what was your case??? Anytime someone wins at traffic court, I want to
>know how they did it!!!

Since someone asked....

I was charged with failure to stop at a stop sign, CVC 22450.  My
defense hinged on the fact that there was a huge tree/bush on the
corner that in combination with a limit line angled away from
the intersection would have made it difficult for the officer
to see me stop.  BTW, it was an LAPD motorcycle officer who
was real cordial when he stopped me, although he didn't like
my paint job!

The trial started by the officer showing a diagram of the intersection
where he was, where I was and how I proceeded through the interesction.
He added comments on the narrowness of the street and the
high potential for accidents due to parking on both sides.
I countered by pointing out that his diagram was wrong and
the right angles of the intersection were really 30-45 degree
angles, key point in my defense. I presented numerous
pictures from numerous angles attempting to show how a bike
stopped at the limit line could not be seen.  This was to
establish that I could have stopped.

The next step was to explain what the cop "really" saw, me
moving through the intersection.  I agreed with the cop
that the street was narrow and virtually impossible
for two cars to pass on and was dangerous.  I stated that
I crept into the intersection in order to view
any oncoming traffic, saw the motor officer moving at a
slow pace (20mph by his own admission) determined it
was safe to pass him and continued through.

The officer main counter attack was that he could see 20-30
feet past the stop line which I kept pulling out pictures
to rebutt.  He then claimed that if he were a car and not
turning he could have hit me, I rebutted with that he
waved me over and pulled a U-turn before even entering the
intersection.  The final point was my claimed speed of 20mph
which I had no defense other than claiming I was going 10mph.
The judge tended to side with the cop on the speed issue
since "he is trained in the judgement of speed with many years
of experience".

The judge (actually a temp judge) called it a "tie" and gave it
to me, the officer didn't appear too happy :-)  I think the
key to my defense was the photographic evidence of the
scene, presenting and justifying an alternative account of
what happened, being very vocal and challenging the officers
comments at every opportunity.  

The other trials I got to watch they all lost, defenses of 
"I didn't do it" got no where.  Claims that the officer
singled them out, one for riding a HD looking seedy and the
other for being black at 6am, got no where.  Don't contradict
yourself EVER!  Don't attempt to justify you did something
illegal because it was safe or the right thing to do, the cop
is the "expert" on what is safe.

Best defense is to be VERY well prepared, read up the exact wording
of the vehicle code for your ticket and look for possible ways
out.  And always ARGUE your point strongly and often, the judge
is inclined to convict you, you have to argue why he shouldn't,
guilty until proven innocent :-(

	-David

P.S.  Don't ask if I was "really" guilty! ;-)


-- 
David Robinson	david@elroy.jpl.nasa.gov
Disclaimer: No one listens to me anyway!	'92 GS500E DoD #480
"An addiction is a drag" - Dennis Hopper	'90 EX250R Ninja
"A tisket, a tasket, a condom or a casket" - Dr. Carl Bell