Tuesday, January 30, 2007

Killervirgo vs. The State of Texas, Part 2

My rant to my sister:
I didn't win. The judge refused to look at my documentation because it wasn't a witness statement, but just my account on how things went. To make things worst, the trooper didn't even know who I was, my case, or the details of the accident. I gave him a copy of my police report because he didn't know why I he was there. I asked him questions and all he can say that he didn't recall the information. I asked him about the traffic and he said it was heavy, and I asked how did he know how the traffic was if he wasn't there ... he said because it is always is. The traffic was light to moderate at best and you could go 55 and be at least 4 car lengths from another car. But since I am not an officer, my word means nothing. The same officer was there for 4 other issues similar to mine but the judge just found us guilty. I think there should at least been some reasonable doubt in my case considering the conflicting information and the fact the officer couldn't accurately recall the information. I am not sure if I should appeal or just pay the $250 and be done with it.

Needless to say, I am not happy. I am taking a half day from work because I am not happy. I was at the court house at 1pm for a 1:30pm start. The judge didn't come out until 2:50. My officer didn't arrive until 2pm. So if we would have started on time, my case could have been dismissed or rescheduled.

So I have 9 days left to figure out if I want to appeal the judges ruling. I wasn't really mad after the judge found me guilty; I was more upset that judicial system let me down. The trooper was clearly confused about what happened but since he is a figure of authority his fallacies are overlooked. The money isn't the issue, it is the principle and the fact the trooper basically lied to the judge about what happened.

My ticket says warning, which I believed because that was told to me by the trooper. His copy says citation and my erroneous copy was deemed a clerical error. If this has been a murder case, I am pretty sure that a clerical error would have meant much more than it does in a traffic violation. It is clearly conflicting information.

I am going to do a bit of research and see if there is any precedent regarding my case. Even if I don't appeal I do plan on filing an official complaint against the trooper.

updates to follow ...

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Comments on "Killervirgo vs. The State of Texas, Part 2"

 

Anonymous Anonymous said ... (January 30, 2007 at 8:40:00 PM CST) : 

You're right, it doesn't seem just!

 

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