What is the name of your state? Virginia.
I actually had a court date today for a littering ticket I received in January,
the officer was there and said the following about my littering ticket.
"The subject pulled up next to the trash can and threw the napkin onto the ground"
I recanted with
"I threw my bag of trash into the trash can, I did not see any napkin."
The judge asked the officer "Did you see the bag he speaks of?" officer says "No. Just the napkin." and just like that I am guilty.
Here is what happened.
I was on my way to make a road trip to northern Virginia to visit some friends and family, so I stopped by the BP on the way and pumped my gas, then proceeded inside to pay for it, and buy a Subway sandwich, a pack of two cookies (from Subway), and a drink (also from Subway). I went to my car in the parking lot, and ate my sandwich there.
I then proceeded to put all of my trash in the bag that Subway gives to its customers, and drove up next to the trash can.
I proceeded to roll down my window, reach out to the trashcan, and toss my bag of trash inside of it.
Now apparently at this point the officer saw a napkin fly onto the ground and accused me of watching it because I sat in my car for about twenty seconds.
Wrong, I was putting on my seatbelt and checking my gauges before I went on this trip.
So I decided to ask for an appeal to the decision, because obviously I was wrongly accused and found guilty.
So my question is, how should I go about proving my story? I stopped by the BP and they said they don't have video surveillance tapes, so I can't do that. But I'm thinking maybe if I show the judge the exact amount of trash that one has left over after eating a Subway meal, and ask her/him,
Why would I just throw a napkin out of my window when I have the rest of this trash to throw away?
Why would I pull up next to a trash can to litter?
Any help would be greatly appreciated, the appeals trial is next month.
Thank you,
Collin
I actually had a court date today for a littering ticket I received in January,
the officer was there and said the following about my littering ticket.
"The subject pulled up next to the trash can and threw the napkin onto the ground"
I recanted with
"I threw my bag of trash into the trash can, I did not see any napkin."
The judge asked the officer "Did you see the bag he speaks of?" officer says "No. Just the napkin." and just like that I am guilty.
Here is what happened.
I was on my way to make a road trip to northern Virginia to visit some friends and family, so I stopped by the BP on the way and pumped my gas, then proceeded inside to pay for it, and buy a Subway sandwich, a pack of two cookies (from Subway), and a drink (also from Subway). I went to my car in the parking lot, and ate my sandwich there.
I then proceeded to put all of my trash in the bag that Subway gives to its customers, and drove up next to the trash can.
I proceeded to roll down my window, reach out to the trashcan, and toss my bag of trash inside of it.
Now apparently at this point the officer saw a napkin fly onto the ground and accused me of watching it because I sat in my car for about twenty seconds.
Wrong, I was putting on my seatbelt and checking my gauges before I went on this trip.
So I decided to ask for an appeal to the decision, because obviously I was wrongly accused and found guilty.
So my question is, how should I go about proving my story? I stopped by the BP and they said they don't have video surveillance tapes, so I can't do that. But I'm thinking maybe if I show the judge the exact amount of trash that one has left over after eating a Subway meal, and ask her/him,
Why would I just throw a napkin out of my window when I have the rest of this trash to throw away?
Why would I pull up next to a trash can to litter?
Any help would be greatly appreciated, the appeals trial is next month.
Thank you,
Collin
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