Should I appeal, talk to prosecutor again, try and get officer in trouble?

[FastbackJon]

What is the name of your state? Washington.

In late 2004 I was pulled over on the interstate and cited for agressive/negligent driving 2nd degree, $538 ticket.

I knew I wasn't driving agressivly, but instead of risking the judge believing the cop over me, and thus me losing in court and paying upped insurance rates and a huge fine, I decided to talk to the prosecutor instead, and get a plea bargain for $150, for a non-moving violation (no tabs), and I got that. Time payments to start at the end of March.

Well I recently requested the video from the Washington State Patrol, and to my suprise I got it quickly. I also got the citing officer's sworn statement from the clerk, showing all of the things I was supposodly doing. It says I was paced at 80+mph in a 60, for one full mile at four car lengths back, and also that I was agressivly tailgaiting 3 vehicles at 70mph.

And when you watch the video, and look at the sworn statement, they clearly do not match! The officer wrote down that he paced me for one mile, from milepost 285 to 284, at 80+mph at 4 car lengths back.

And right as the video starts out, it clearly shows the officer driving past the 285 milepost mark, with a car ahead of him. And that car gets out of the way, and I'm easily 1/8 of a mile ahead, not four car lengths! It is so obvious he was lying on the ticket it makes me mad they get away with that kind of stuff.

When the officer does catch up to me, it shows me doing 3-5mph over all of the surrounding traffic going through downtown on the interstate, which I wouldn't consider an incident of dangerous speeding. I don't look even close to speeding. There is no speed readout on the video of how fast the cop is going.

And finally, it shows that I wasn't agressivly tailgaiting 3 vehicles at 70mph like on the sworn statement, but rather that the vehicle I was following at 60mph, slowed down to 50-55mph in a 60mph zone, in the fast lane of the freeway, when going up a long hill, and I had to slow down as well. If I was in a hurry I had plenty of room to pass this vehicle on the right, but I wasn't in a hurry, so I just slowed down with it, and that's when I got pulled over.

So can I appeal the $150 no-tabs fine, and show with the video I wasn't agressivly driving, and that clearly the officer was lying on his sworn statement? Or how does that work since I've already got the plea?

Or should I just talk to the prosecutor instead and show him the video, and he could possibly just have a judge sign a paper, get in the system and drop the fine?

I'd also like to use the officer's video against him to get him in trouble for knowingly lying (under penalty of perjury) to justify writing the ticket, I just don't know whom to contact on that, or whom would really care (i.e. and not just turn a blind eye to that kind of thing).

Again, any help is appreciated.

 

[FastbackJon]

I just reviewed the video again, and I noted the time of day when I passed mile marker 284 (just slightly after where the video started), and the time at mile marker 279, when I was pulled over.

And using the distance of 5 miles between those marker posts, and my elapsed time of 4 minutes, 36 seconds, I calculate that my average speed while being followed and video taped of supposodly agressive/negligent driving was 65mph.

Clearly not 80mph+ for one full mile, and clearly not 70+ for the other 3/4 miles as the citing officer wrote on his sworn statement.

5mph over the posted limit is obviously not dangerous or agressive speeding, as I was cited for. I can account for 5mph in speedometer error, it is a 40 year old car! Or by larger than stock tire/wheel diameter.

It's just ridiculous how I'm being wronged and cheated by my own local law enforcement. I still would like options on how to get out of the plea bargain $150 fine and any suggestions on how to punish the lying citing officer.

Thanks!

 

[Bravo8]

I can only speculate, but is it possible that the tape was turned on AFTER the alleged events occured?

I use a dashcam and it's not activated until the lights come on or I manually turn it on. As such, most traffic violations are not recorded as they occur.

 

[myworld29t]

Sure you do!

So i have two uncles that are cops, and i tell you they are corruptive cops, they say that every now and then, many cops just get together have a party and they all pitch in a story or two about them abusing the law as a repay for their low pay and not the best benifits, and hazardous environmet.
The two of my uncles beat up teenagers, like bruse them and break their ribs and make up excuses for that sort occasion.

Hey cops are human too, and they are all tempted to do, say what every they think when ever they get a chance, even the good ones, do some sins.

You just have to watch out for your own back, after all, how is the cop a good cop, and that you are supposedly obligated to forgive him!

Bravo 8 obviously implied that you should not even consider filing any thing any more; you got caught by the cop, you should respect his actions. As if!(big if).

Bravo 8, did you not just read the part where the cop lied under oat about the incident, did you not realized that the cop him self commited a bigger problem that he is a felon of prejury and not abiding by the law. Is it possible that you just felt that the cop is your own buddy too! Where is your ethical morals at? your implying that even though the cop comited prejury, fastbackjon should consider doing nothing because the camera might (not sure but big maybe) have been not turned on, so just BE QUITE (with no please in that sentence)?
VERY CREEPY JUDGMENT

 

[seniorjudge]

Your case is closed and will not be reopened since you pled guilty. When you pled guilty, that meant you chose to give up all defenses, known or unknown.

 

[CdwJava]

Bravo 8, did you not just read the part where the cop lied under oat about the incident, did you not realized that the cop him self commited a bigger problem that he is a felon of prejury and not abiding by the law. Is it possible that you just felt that the cop is your own buddy too! Where is your ethical morals at? your implying that even though the cop comited prejury, fastbackjon should consider doing nothing because the camera might (not sure but big maybe) have been not turned on, so just BE QUITE (with no please in that sentence)?
VERY CREEPY JUDGMENT

Perjury is a legal judgment, and no crime of perjury has been adjudicated here. We have accounts related by the poster, and an apparently differing account by the officer involved. The camera may or may not show information that supports the poster's point of view. But it is not perjury simply because the original poster says it is.

As a criminal act, perjury is a difficult crime to try. It generally requires a knowing and intentional lie under oath. This is generally a very high burden to meet. In fact, I have never seen it successfully tried ... though I hear it has been.

Reasonable people can have reasonable differences on their observations of the same event. It does not mean that the have lied or committed perjury if they relate their perceptions.

And Bravo8 never said he was dismissing the poster's argument, only offering a possible - and highly plausible - explanation of why the camera may not show the violation. He did not even comment on his opinion of the poster's argument or the possible lie or differing account told by the citing officer.

So dismount that high horse you're on and have a cold one.

- Carl