Monday, March 31, 2008

I Fought The Law And . . . *** *** Won - Conclusion



The 6 jurors were sworn in and we all took our places. The burden of proof would be on the prosecution. The prosecutor started her opening statement. She did a great job. She really chummed up to the jury. She asked them if they had gotten tickets before and told them that she had. She said, "What do you do when you get a ticket? You just pay for it don't you. " She looked at me with a smirk on her face. She was obviously miffed that she was having to go through the civil process that all citizens deserve. (I'm glad I wasn't charged with murder).

After 15 minutes, it was my attorney's turn. I thought she did a great job. She decided to argue the legal placement of the signs. The attorney's spent hours arguing about the Texas code versus the city code and who was responsible for the correct placement of the signs.

The intersection of the crime was under construction. It has been under construction for many months and was deemed a dangerous intersection. So dangerous that the city was given grant money to help prevent accidents. How about using the money to clearly mark the intersection?

Since Tina was one of the witnesses, she was not allowed in the courtroom, so she decided to make this a scrapbooking moment and stood outside and took pictures. This is a picture of Robin, the attorney that testified on my behalf about the poorly marked intersection, and a random police officer.

The prosecution just happened to have pictures of the intersection that were supposedly taken around the end of July 2007 (the date of the crime). Isn't that convenient. I wonder how they got those when they weren't even expecting a trial? They were not dated, but they testified that is when they were taken. That's believable!

The police officer testified. Although he has been working full time with hundreds of traffic stops since July 2007, he testified about my incident just like it happened that morning. I am so sure that he remembered everything. He was so sure that the map he drew was backwards. I did feel sorry for him because he had worked the 7 p.m. to 7 a.m. shift and then came straight to court. He had been awake for over 24 hours. I bet he'll think twice before showing up for a quick stop at the courthouse.

Tina got her chance to testify. We didn't talk about the incident before, so she had forgotten what the ticket was for. Her answers were pretty funny. When they asked her if we were talking in the car, her answer was, "Well we just left a birthday party with 5 women in the car, so I am sure someone was talking."

When it came to the closing arguments, the prosecutor smirked at me and brought it to the jury's attention that "How in the world could I possibly be paying attention with I was driving after "partying" with a big group of people?" She spoke a little more and hinted that my "partying" included drinking. That made me mad since I don't drink anything stronger than Dr. Pepper.

By the time the jury got their charge, the picture they had in their mind was:

* Woman who does not want to just pay her ticket and go on with her life.
* Woman who has wasted their day.
* Woman who was partying with a group of women and not paying attention to anything.
* Very annoyed that they just spent about 3 hours hearing testimony about legal garbage about sign placement.

Unfortunately for the judge, his clerk left at 4:30 and he had to go upstairs and prepare the documents himself. He was not the least bit happy about that.

The jury was sent on their way to deliberate. It didn't take long at all. They were ready to go home. They were back within 5 minutes.

I FOUGHT THE LAW AND THE LAW WON! Fine $75 + court cost. Including attorney fees, a little cheaper than the original ticket. Biggest loss - time. I arrived around 8:00 a.m. and got in my car to go home at 6:30 p.m. Satisfaction level - High, because I believe I was wrongly ticketed and I got my day in court to tell my side of the story. I didn't care if I was found guilty or not because I got a chance to defend myself. Cost - Priceless.

4 comments:

K in the Mirror said...

Oh, that stinks! I really wanted to hear that you won.

Oh well. I'm glad you feel good about getting to state your piece.

Brea said...

Awww man -- I was rooting for you!!

Also, the picture you posted is showing up teeny tiny -- is that how it looks to you too?

Gigi said...

Well Lolly, let's appeal! Really, I was pulling for you too and just knew you had them in your corner!
But, I know you had fun even though it was a long day. And sometimes, it just feels good to speak your mind. You go girl!!

Lolly said...

Brea, I can't figure out why this picture is small and how to get it bigger. I'm not real smart with the computer!

GiGi, an appeal would be fun, but if a ticket too 10 1/2 hours, can you imagine how long an appeal would take?