Need some help!

[trav]

What is the name of your state?Kansas
I was found quilty of running a stop sign in court, and again on my appeal. I had subpeoned for the dispatch record, but they didn't show up in court. I was able to get these records a few weeks later. It is my understanding that 10 days is the limit to file another appeal, and that time has passed. The dispatch records prove that the officer lied in part of his testimony to prove the case against me. If I can't file another appeal, what should I do?

[Litigation!]

Originally Posted by trav

What is the name of your state?Kansas
I was found quilty of running a stop sign in court, and again on my appeal. I had subpeoned for the dispatch record, but they didn't show up in court. I was able to get these records a few weeks later. It is my understanding that 10 days is the limit to file another appeal, and that time has passed. The dispatch records prove that the officer lied in part of his testimony to prove the case against me. If I can't file another appeal, what should I do?

My response:

Why are you making a mountain out of a mole hill?

It's not as if you've been found guilty of Sedition, or drug charges!

Geez, take a deep breath, okay?

IAAL

[trav]

It's not a matter of the fine, but of morals. I've been pulled over five times in three years in this town, and not once was i breaking the law. The last time I questioned the officer on his reasoning for pulling me over, and I asked for his name, so he gave me a ticket for something I didn't do. Now that I can prove that he is a lier, am ready to move this to the next step.

[Litigation!]

Originally Posted by trav

It's not a matter of the fine, but of morals. I've been pulled over five times in three years in this town, and not once was i breaking the law. The last time I questioned the officer on his reasoning for pulling me over, and I asked for his name, so he gave me a ticket for something I didn't do. Now that I can prove that he is a lier, am ready to move this to the next step.

My response:

Move. Small towns are like this, and you're not going to change it.

IAAL

[trav]

Since that is the mose sensable thing to do!

[CdwJava]

And what "lie" did the officer allegedly make?

Keep in mind that being in error about a time, place, etc. is NOT a "lie" ... it is being wrong.

- Carl

[poohmantbb]

Originally Posted by trav

The dispatch records prove that the officer lied in part of his testimony to prove the case against me.

Please post what the dispatch records prove that the officer lied about... then we may be able to assist you.

[trav]

In his testimony, the officer stated that the reason that it took him almost a half mile on the other side of the intersection to pull me over was because he was waiting to give dipatch time to enter my information into the system. The dispatch records show that he called in six minutes after his tape started. This backs up my statement, that he was not close enough to see me stop. From where I saw him turn in after me at, he was over four football fields behind me, at 2 a.m. I have had problems with this P.D. in the past. So, when I saw him coming after me, that is why I made it a point to stop and count to three( I know it sounds a little cheesy) before I went through, and got a ticket anyway.

[sukharev]

I'd suggest that you let that one go. Regardless whether you were guilty or not, it's time to accept the inevitable. If you trully believe you have been harassed by PD for whatever reason, go ahead and get an attorney, who can tell you if it's worth filing a lawsuit. However, I have hard time believing that they just stop you for nothing over and over again.

[trav]

kansas

I'm sure they have a reason for pulling me over, it's just not the same as what they give me. I 've been pulled over on my motorcycle, because "It sounded like I was going pretty fast back there". I was pulled over the first time for a taillight out on my truck. When I got home it was working. The second time it was a tag light, so I got out and checked, before the officer left, and it was on, so I questioned the officer, and she said it was out when she pulled me over. So I called it in, they said that when I put my truck in park the light was on, but when I put in drive to leave, it went back out. MY TRUCK IS A STICKSHIFT. So then they started crawfishin. There are a few more, but those are my favorite. I think it's because it's 2 a.m. and they want to see if am a DUI, or if I'm on my motorcyle, I think they want to see if I will run.

[CdwJava]

Originally Posted by trav

In his testimony, the officer stated that the reason that it took him almost a half mile on the other side of the intersection to pull me over was because he was waiting to give dipatch time to enter my information into the system. The dispatch records show that he called in six minutes after his tape started. This backs up my statement, that he was not close enough to see me stop. From where I saw him turn in after me at, he was over four football fields behind me, at 2 a.m. I have had problems with this P.D. in the past. So, when I saw him coming after me, that is why I made it a point to stop and count to three( I know it sounds a little cheesy) before I went through, and got a ticket anyway.

A half mile is NOT that far. Depending on the speed, it can be traversed in a matter of seconds.

Additionally, how do you know that the time on the tape is the same as the audio tape in Dispatch? And, how do you know that ANY of those are consistent with the time on the CAD console (the computerized dispatch console)? In my agency, our clocks are three minutes slower than my watch ... my Nextel is 5 minutes slower than the station clocks, our Dispatch CAD system is two minutes faster than the station clocks, and my computer terminal is two minutes slower than the station clocks.

Plus, if your Dispatch center is like ours, sometimes they write things down and THEN enter it in - thus skewing the times on any Dispatch printout. These are notoriously unreliable documents because they record the time of entry, NOT the time of then incident.

The information you have is far from conclusive that he was not present to see the violation. Plus, why would he just make the whole thing up?

I think you are still grasping at straws and I do not think there is anything here that would compel an appeals court to throw out your conviction. Not to mention the fact that hiring an attorney for the appeal would likely cost many more times the cost of the fines and any possible insurance increase.

- Carl

[trav]

The officer has a laptop i his car, that is directly linked to 911 dispatch. the same tiem from that is injected to the video system. Thanks anyway

[CdwJava]

Originally Posted by trav

The officer has a laptop i his car, that is directly linked to 911 dispatch. the same tiem from that is injected to the video system. Thanks anyway

It still doesn't mean that the times are in sync. I have worked with car computer terminals and video, too. They are not always in sync. In our case the car video was linked to the computer's time and not to Dispatch ... the computers in the cars were not all on the CAD time in the Dispatch center - the times varied.

And, again, I don't think it's enough to get an appellate court to overturn the verdict. You can try, but is it worth spending a few thousand dollars? If the time for an appeal has already expired, you will have to get an attorney to work on an appeal.

I'm not saying it did NOT happen, but it sounds as if your "evidence" may be able to be explained away thus casting doubt on its veracity.

- Carl