It seems dave33 has similar knowledge of legal proceedings as doodguy.
If we start talking about lies or other matters regarding the truth, that is for trial, not for summary judgment. At least doodguy knew something of the law when he wrote:
"Defendant finds that there are no material disputed facts" because that would be necessary for the motion to succeed.
tranquility; I don't know whether to be offended, or eager to learn for you, so erring on my lack of legal expertise, I will lean towards the eager to learn attitude.
your statement of calling me an idiot for thinking prima facie has not been established is not correct. I am not an idiot just not a lawyer. Here we have one persons testimony to an officer, with no other credible information. There is plenty reasonable doubt of what happened. What if I target you tomorrow sue you for slander at random with no information other than your name. Even better I see your license plate, say yep thats you.
My prior law experience was my divorce in which I was awarded primary custody of my son through asking questions and researching.
That said, please educate me; what is needed for prima fascie, what I see here is I was driving with my then pregnant fiance and son being admittedly followed by an old disgruntled woman thinking she needed to teach me some lesson for flicking her off (never happened) I pulled over told her to go away leave me and my family alone as I was 1 block from my house and did not want a crazy woman following my family there.
She admits to most of that then goes on to lie saying I walked from her drivers side door around her car cracking her passenger mirror. But there's a flaw, why wouldn't I break her drivers mirror or why wouldn't I kick her doors in etc while allegedly walking around her car. Did I calculate on the fly to go break her passenger mirror?What was so special that I would target her passenger side mirror which would case me to walk in front of or behinda crazy womans car?
Further the officer testimony is I damaged her black bmw. The report says the tag belongs to a mercedes; did the officer even see a cracked mirror on a mercedes or did she look at some bmw?
Even the officer expresses concern why this lady left the scene went on to party at a casino then call in a report the next day. Was she drunk or under the influence of some type of narcotic?
I am the victim here. The only thing I did wrong that day was not making this woman follow me to the police station. Thinking quickly, as she was trying to make me rearend her and run me off the road, I wanted to get away from her and happened to be right by the subdivision to my house, so I turned in hoping she would keep driving; she didn't she followed me so I stopped told her to leave.
Furthermore I am a disabled veteran with limited motion in my right arm, being treated by the VA for extreme pain in my right arm. I am right handed. If I were to break her mirror, I would guess that would take some force at least, and if I did it with my right hand I wouldhave been under a great deal of pain.
Lastly, my pregnant fiance who was my witness works for the same sheriffs office and we live together. I am very curious why the cop never contacted me, as she could have easily gotten ahold of me. She doesn't even list how she tried to contact me, and nothing was ever left on my door. The only knowledge I have of this event is a disgruntled road rage lady, and then a court date 2 months later. I didn't even give this woman a thought the next day.
Lastly, she feels she needs to teach me respect; how about this; I lost bothmy parents to cancer before the age of 24. Of course she doesn't know that, but she assumes I have no clue what she's going through. She needs to get over herself.
I believe she was drunk that day, something happened to her mirror while at the casino and she thought of me in a drunken rage and played out a scenario in her head to try to accuse me. When this is over I intend to sue her for filing a false police report.
I am open to any advice/experience on proceeding with my case though is why I posted so many personal details here.
Thank you