Attention: TDR Forum Junkies 
Back in November I got a ticket for using a center turning lane to drive around a car making a right turn from the driving lane. It was a cop who immediately pulled me over and cited me for doing so.
Fast forward to Friday, when I finally get my day in front of the Judge.
Sparing the all the gory details, the judge asked the officer on the stand,
1) What time was it? (2AM)
2) Were you and the defendant the only two vehicles on the road? (yes)
3) Was the defendant drunk? (no)
During my cross examination (yeah mine, I dont use a lawyer for traffic violations) I asked the officer, "While you had me pulled over, did other vehicles use the turning lane to pass our vehicles?"
"Yes. "
I pressed on, "Was that ok for them to do that?"
"Yes, because they were doing so in the interest of my safety. "
"Would I be within reason using that lane to be sure that while we were operating our vehicles in close proximity that we were also safe from collision?"
At this point, the District attorney spoke up, "Objection Your Honor, defendant is clearly asking the officer to speculate and come to a conclusion without facts. "
I replied, "Your Honor, the defendant just answered the last question using speculative information, I think he can do it again. "
The Judge looked at me, "Thats true, he did," turning to the officer he said, "Overruled, answer the question. "
"Yes, I suppose it is within reason for you to operate in a safe manner. "
I then pressed him on the details of the law.
"Are you familiar with section 3309, where it states I am allowed to use the center lane if I ascertain that it is clear of oncoming traffic?"
"That section does not apply, I did not cite you under that section. "
I replied, "That section specifically refers to the same lane markings and direction of traffic that existed where the alleged violation occurred, does it not?"
"Yes, but it doesn't apply. "
I then slammed the door on him, "I am under the impression that ALL of the vehicle code is in force ALL of the time. So what you are saying is, you as an officer of the law can somehow do away with a section of the code as you see fit, is that correct?"
As he began to sputter, the judge spoke up,"Gentlemen, I've enjoyed both your arguments today," He turned to me and said, "The defendant is not guilty, have a good day. "
A good day indeed, I managed to have two objections by a District Attorney overruled, and got a not guilty verdict without even getting on the stand. In fact, I did not even have to finish my cross examination.
Some days, the good guy wins.
------------------
Y2K 2500 QC Sport 4x4 LWB
72 Dart 340
89 LeBaron GTC 2. 2 TI
Fast forward to Friday, when I finally get my day in front of the Judge.
Sparing the all the gory details, the judge asked the officer on the stand,
1) What time was it? (2AM)
2) Were you and the defendant the only two vehicles on the road? (yes)
3) Was the defendant drunk? (no)
During my cross examination (yeah mine, I dont use a lawyer for traffic violations) I asked the officer, "While you had me pulled over, did other vehicles use the turning lane to pass our vehicles?"
"Yes. "
I pressed on, "Was that ok for them to do that?"
"Yes, because they were doing so in the interest of my safety. "
"Would I be within reason using that lane to be sure that while we were operating our vehicles in close proximity that we were also safe from collision?"
At this point, the District attorney spoke up, "Objection Your Honor, defendant is clearly asking the officer to speculate and come to a conclusion without facts. "
I replied, "Your Honor, the defendant just answered the last question using speculative information, I think he can do it again. "
The Judge looked at me, "Thats true, he did," turning to the officer he said, "Overruled, answer the question. "
"Yes, I suppose it is within reason for you to operate in a safe manner. "
I then pressed him on the details of the law.
"Are you familiar with section 3309, where it states I am allowed to use the center lane if I ascertain that it is clear of oncoming traffic?"
"That section does not apply, I did not cite you under that section. "
I replied, "That section specifically refers to the same lane markings and direction of traffic that existed where the alleged violation occurred, does it not?"
"Yes, but it doesn't apply. "
I then slammed the door on him, "I am under the impression that ALL of the vehicle code is in force ALL of the time. So what you are saying is, you as an officer of the law can somehow do away with a section of the code as you see fit, is that correct?"
As he began to sputter, the judge spoke up,"Gentlemen, I've enjoyed both your arguments today," He turned to me and said, "The defendant is not guilty, have a good day. "
A good day indeed, I managed to have two objections by a District Attorney overruled, and got a not guilty verdict without even getting on the stand. In fact, I did not even have to finish my cross examination.
Some days, the good guy wins.
------------------
Y2K 2500 QC Sport 4x4 LWB
72 Dart 340
89 LeBaron GTC 2. 2 TI
