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  1. #11
    Join Date
    Sep 2008
    Posts
    16

    Default Re: Can You Try to Prove in an Appeal that the Officer Lied During His Testimony

    Quote Quoting L-1
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    Before you accuse someone of perjury your need to consider a couple of things.

    First, every court in the nation has standard instructions that are given to jurors when it comes to considering witness testimony. The exact language may vary from state to state, but essentially the court's view on evaluating testimony is as follows:

    Sometimes a witness may say something that is not consistent with something else he or she said. Sometimes different witnesses will give different versions of what happened. People often forget things or make mistakes in what they remember. Also, two people might see the same event but remember it differently. You may consider these differences, but do not decide that testimony is untrue just because it differs from other testimony.

    In other words, just because the officer perceived a portion of your event differently than you doesn’t mean he perjured himself.

    Additionally, if you believe it appropriate to accuse the officer of perjury because his testimony differed from yours, then all things being equal, it is just as appropriate for him to accuse you of perjury because your testimony differed from his.
    I get everything you're saying, maybe perjury is not the correct accusation here. If he's not able to discern "clear & good visibility" from the actual hail and snow we experienced then who's to say that he is capable of even seeing my turn signal, or perhaps he mistook my car for someone else's. He pulled me over about two minutes after the turn, plenty of time to lose sight of my car for a person who can't tell the difference between clear weather and hail. I just think his credibility should be in question here.

    The problem is that I wasn't prepared with the proof that I needed to show the actual weather conditions at that particular time. There are plenty of online sources that can give you the weather conditions in the NYC area on April 15th at 11pm. If I had known beforehand that our testimony on the weather would differ in the opposite directions, I would have pressed the issue with actual weather archives to put the officers credibility in question. Unfortunately, I just brought a photo taken that evening, and the judge didn't accept that.

  2. #12
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Can You Try to Prove in an Appeal that the Officer Lied During His Testimony

    You were claiming the weather was a factor but failed to bring proper, admissible evidence of said weather with you.

    If you have no matters of law to argue in the appeal, it will fail. It could fail even if you did.

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