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cedarchopper
20th October 2010, 01:19 PM
Had my trial in Municipal Court today for my ticket from last spring for Failure to Yield Right of Way. Even with the video clearly showing a clean and well timed turn...the jury found me guilty.

The cop lied and the prosecutor lied. The jury selection was tricky...we both got to strike off 3 potential jurors. They stuck very carefully...I was off balance because I didn't know who was who...they gave us papers with information about the potential jurors...although they were not seated in their numbered chairs, they were seated left to right. Then the judge recessed them (which I didn't know he was going to do) and I didn't know who was who. In retrospect, I should have made them sit in their numbered chairs and marked on the paper what number they were. The prosecutor artfully discovered who knew me or knew my girlfriend who was with me...which was about 5 people. Then he discovered everybody who had had a ticket in town and even one by the cop testifying against me. The jury ended up being a black retired military guy, 2 young Hispanic women, 2 older white women, and one whitish guy. The black dude led the charge, I could tell.

The prosecutor explained to the jury pool what the charge was and what it meant...he specifically said that FTYRW was when the oncoming car had to take action to avoid a collision...like braking hard! When I was presenting my case and used his exact words, he objected and the Judge sustained...saying he would tell the jury what the law was, not me.

Bunch of sh*t...even with video, they could twist it...plus they had the final word on everything.

I gave notice that I'm going to appeal. But I'm bummed...the jury was a bunch of dumb asses.

chad
20th October 2010, 01:24 PM
you should have just objected to them using some latin words and having a flag in the courtroom with yellow fringes on it. then they would have had to throw it out of court because no one in america speaks latin and that's a fake flag (because the one betsy ross made didn't have yellow fringe on it).

mamboni
20th October 2010, 01:30 PM
you should have just objected to them using some latin words and having a flag in the courtroom with yellow fringes on it. then they would have had to throw it out of court because no one in america speaks latin and that's a fake flag (because the one betsy ross made didn't have yellow fringe on it).

Chad, you're starting to sound like Book! ;D ;D ;D

horseshoe3
20th October 2010, 01:47 PM
How did the cop lie? Does the video directly contradict his testimony? If so, I think you could use that in your appeal.

I thought the defense always got the last word. Is it different in muni court?

milehi
20th October 2010, 02:05 PM
At least in your state you're entitled to a jury trial.

cedarchopper
20th October 2010, 02:33 PM
How did the cop lie? Does the video directly contradict his testimony? If so, I think you could use that in your appeal.

I thought the defense always got the last word. Is it different in muni court?


The way it works is the prosecutor gets the first and last word. The prosecutor made his opening statement and then I made mine. Then the prosecutor rested his case and I presented my defense, which include showing the video, a power point presentation of stills from the video, and questioning the cop. At that point, that is my last time to get to present anymore evidence. Then the prosecutor recalls the cop to the stand and they proceeded to make sh*t up...and I was not able to question the cop again or reshow the video and power point stills to prove his false statements.

He stated the oncoming car had to brake to the point of his front end dipping down...which it didn't (it was a truck with the rear end raked up), but I couldn't show the video to disprove it, he said he was 1 to 2 car links from me when I made my turn when in reality he was 200 to 250 feet behind me when I started my turn. He also lied when he said he moved into the left lane to turn to come after me when the video clearly showed he had turned left from the right lane (4 lane street).

They made their case after I was done and I couldn't present evidence showing that they were not factual. In the closing statements, I tried to set the record straight, but it didn't work.

I can't figure how the jury selection worked...we both got to strike 3 people but none of the people who were on the jury were any of my or my girlfriend's friends or any of the people who had gotten tickets in the past, which amounted to at least 10 or 12 people. I'm guessing the clerk and the Judge picked the jury. And this was the prosecutor's last case... he and Judge have been good friend for 10 years...I don't think they were going to let him leave on a loss.

Twisted Titan
20th October 2010, 02:35 PM
Had my trial in Municipal Court today for my ticket from last spring for Failure to Yield Right of Way. Even with the video clearly showing a clean and well timed turn...the jury found me guilty.

The cop lied and the prosecutor lied. The jury selection was tricky...we both got to strike off 3 potential jurors. They stuck very carefully...I was off balance because I didn't know who was who...they gave us papers with information about the potential jurors...although they were not seated in their numbered chairs, they were seated left to right. Then the judge recessed them (which I didn't know he was going to do) and I didn't know who was who. In retrospect, I should have made them sit in their numbered chairs and marked on the paper what number they were. The prosecutor artfully discovered who knew me or knew my girlfriend who was with me...which was about 5 people. Then he discovered everybody who had had a ticket in town and even one by the cop testifying against me. The jury ended up being a black retired military guy, 2 young Hispanic women, 2 older white women, and one whitish guy. The black dude led the charge, I could tell.

The prosecutor explained to the jury pool what the charge was and what it meant...he specifically said that FTYRW was when the oncoming car had to take action to avoid a collision...like braking hard! When I was presenting my case and used his exact words, he objected and the Judge sustained...saying he would tell the jury what the law was, not me.

Bunch of sh*t...even with video, they could twist it...plus they had the final word on everything.

I gave notice that I'm going to appeal. But I'm bummed...the jury was a bunch of dumb asses.



That is what they do.

EVERY.
SINGLE.
TIME.
WITHOUT.
FAIL.