Well, we lost the 1538.5. It sucks. Oh well, we just move on and see if we can win it at trial. The hearing went quicker than I expected, I was only on the stand for about 20 minutes and the cop was on for about 10 mins. My only observation about the cops testimony was that he did not once falter during his 10 minutes of straight out lying. I think that the DA must have even believed him.
I'm going to post the pictures I took that we used as evidence when I get home tonight, you'll have a better idea of what I'm about to explain.
Our client was pulled over for DWM (Driving While Mexican) although the cop said he pulled him over for a long 3 foot crack in his front windshield that "obstructed his field of vision." After he was pulled over, it turned out that our client had more than just a crack in the window, he was also driving with a suspended license. All in all, a very common Misdemeanor case.
The investigation request I received was to locate the vehicle (which was towed on the date of the incident, this was also the last time our client EVER saw his vehicle again) and take photographs of the windshield, which I did. Since the date it was towed, the tow company had put a lien on the vehicle and sold it to another individual so I hunted it down and found it parked on the street where I took the photographs.
What did I find? Exactly what the client says I would find. A crack in the window about 2-3 inches long in the upper right hand corner of the windshield (on the passenger side). Other than this crack, there was NO 3 foot long crack in the field of the drivers vision. The 3 inch crack was almost invisible and certainly not visible unless you were either IN the vehicle or standing right in front of the windshield. The Super Cop (parked in a gas station parking lot) saw our client drive by at 25 mph, and was amazingly able to see this a 3 foot crack in the middle of the windshield that magically disappeared when I took the photos a few months later. No, the window hadn't been changed and I just saw the vehicle condition report prepared by the tow company and they did not mark a 3 foot crack in the front windshield although they DID see a little 3 inch crack in the upper corner of the passenger side of the vehicle. Neat huh?
For you people out there that are thinking, "Who cares? This is petty bullshit, why waste the courts time?" The point is that Cops shouldn't be able to pull you over just because they dislike the color of your skin or the music you are playing from your car. They need a reason. A legal reason. Oh and more importantly...they should NEVER LIE!
I'll remember this cock sucking cop for a long time and his name is going in my computer database of "Lying Sacks of Shit." Sure it was a minor lie but he has earned his entry. Next time I come across his name I'm going to comb his fucking sloppy reports with a fine tooth comb and point out every fucking discrepancy I come across to my attorney. Ugh. Ok, I have reports to write.
More later, I hope everyone is having a good week.