Case Dismissed

So, not necessarily the outcome I expected, and it may not be over, but I suspect it is. The judge dismissed the case, though allowed the prosecution to refile if they so choose. How did this happen? Here’s a play-by-play.

I showed up to the courthouse at approximately 2:40pm for my 3:00 pm hearing. I was directed to Courtroom A, where I sat amongst about 5 other people. About 5 minutes later, the city prosecutor came in. She started asking everyone in the room for their name and looked up each person’s case. When she got to me, she asked “You want a trial?” My response: Yes, I do. “So, you’re going to say you had your seatbelt on and the officer is going to say you didn’t” “Pretty much so,” I responded. I could tell she was surprised/disgusted.

Give it five more minutes, and in waddles “Officer” Sheperd, fully dressed in his police gear. He walks up to the prosecutor and hands her a DVD. I couldn’t believe he actually brought it. I had been sitting there writing down questions I intended to ask him, certain he wouldn’t bring the video of the incident since it clearly wouldn’t show me not wearing a seatbelt. She hands him a copy of my ticket, he reviews it, and then I overhear him tell her that “his partner was actually the one who saw my infaction, but he is out of town on vacation.” Well, kudos to “Officer” Sheperd for not wanting to take the stand and purgor himself. They chatted for a few minutes, and all of the sudden it was time to rise for the honorable judge.

The judge called up five people, one-by-one, and looked at their proof of registration of vehicles, handed a few files out, and then it was me. I approached the bench, only a minute or two after 3:00 pm. She was moving right through her docket. The prosecutor informed the judge that they would like to have a continuance since the officer who allegedly saw me was on vacation. She shuffled through a few of Nick’s tickets saying those infractions were taken care of seperately. I pointed out to the judge that these were not my infractions, and she said, “Oh, you were a passenger?” Yes, I pointed out. She then asked the prosecutor if she had notified me in advance of wanting a continuance. “No, the city just learned of this,” she responded. “Continuance is denied,” said the judge. She then turned to me and said, “Good news and bad news. The good news is, I am dismissing this case. The bad news is the City can refile if they so choose at a later date. You are free to go.”

With a thanks to the judge and a smile to “Officer” Sheperd, I departed the courtroom.

So, the end result is what it needed to be, but it came about in a less desireable way. You see, I really wanted to see the video, despite the fact that I was too lazy to subpoena it in advance. And, thinking “Officer” Sheperd wouldn’t bring the video, I actually wanted to ask him questions about the event, and if he had told me he had it on video and that he would bring it. All for naught.

I guess for now it is over, though Nick has his court date on September 2. While the City can refile, I highly doubt they will. If they do, it will only be because “Officer” Sheperd is upset over me filing a formal complaint against him. But I suspect the City won’t waste any more time and money over a $30 seatbelt ticket for a passenger, especially considering the video won’t support their charge.

So, in the rear view mirror this is. But, when Nick returns from vacation, he is going to subpoena the video, and I will enjoy watching it and hopefully getting it posted here. Hopefully Nick won’t be as lazy as me and will actually get the video.

Now, with it behind me, I guess it is time for me to tell the truth, whole truth and nothing but the truth….

I really WAS wearing my seatbelt.

Justice was served…. sort of.

Peace from the OP,

–RE