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- Jr. Member
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- Joined: Tue Apr 26, 2016 8:41 pm
Failure To Properly Wear Seat Belt And Witness Question.
Can I use my 7 year old daughter to testify as a witness? I was driving with my mother-in-law from Spain and soon to be 5 year old son to his soccer game in AM. My mother-in-law will be back in Spain when the trial starts.
I approached officer from behind while she was driving. Turned left with her going East facing glaring sun. When I passed she pulled me over. Officer approached car and exclaimed "oh now you are wearing seatbelt" when she peered in and to my mother-in-law who doesn't speak English "where is your seatbelt?". I was charged but mother-in-law wasn't after I told officer she took her seatbelt off when I pulled over into parking lot. If officer didn't even know I had seatbelt on or my mother-in-law didn't until she looked into driver side window how was it she could be certain while driving looking into rearview mirror contending against a strong glare off my windshield?
My last speeding trial I won on appeal. However I should have won the initial trial and transcripts cost a fortune.
I think I can win without my daughter but a second witness is devastating to officer's case. However the second witness is a young daughter which the prosecutor will probably state I have undue influence over. I have never used a witness so I don't know what to do there either. My daughter actually went to the pre-appeal hearing of the appeal I won and wanted me to take her out of school for it which I gladly did. My daughter is a competitive fighter like me and I am not asking her to lie. Even if she doesn't testify I will probably take her again to show her how you have to fight for your rights and that cops for the most part are tax collecting parasites.
I will also take the stand and testify I was wearing my seatbelt. I took all kinds of video evidence and photos to show the sun's glare is so strong that you cant see the seatbelts on the passing drivers. Officer wasn't wearing sunglasses or glasses. I will be asking for vision records of officer along with a ton of other "stuff" to try for failure to disclose.