Re: VC 22102. Made a Legal U-Turn As Far As I'm Concerned
Yeah, but you've gone full course in your case... From traffic stop to the appeal! Not many people can make that claim... Example: I never made it as far as you have! (More on this in a bit).
Primarily, and simply, it is becaause the officer has no vested interest in the outcome (except for the time vested in writing the citation, submitting a TBD, going to trial... etc, none of which are actual monetary costs), whereas the defendant might be more inclined to twist the truth in hopes he/she will safe the fine amount.
Secondary to that, is the fact that your average defendant wouldn't mind perjuring him/herself to save a few bucks! We've got a forum full of them... I guess to a certain degree, we have them to thank!
I did get your PM, by the way... and as I said above, I have not made it as far as you have in the appeals process, so I honestly would rather refrain from giving an answer, instead of giving one which ends up being wrong. I had planned on making an attempt to look into it for you (and to better educate myself) but really have not had a chance. I was going to suggest that the clerks at the appellate division are a bit different than those at the Superior court level in that they know half of what they're doing, and even with as short lived as mine was, they did in fact give me some great pointers. Keep in mind that they will answer general question but they will refrain from commenting on anything which can be construed as "legal advice"!
I'll look forward for an update with hopefully some good news.
I am right 97% of the time... Who cares about the other 4%!