Quote Quoting blewis
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Here's my $.02. I don't know where you found those "jury instructions", but they rely heavily (along with your "uncle's" advice) on the words "willfully" and "purposely". Yet, the statute reads:Not one mention of intent! Therefore, any interpretation of the law which requires "intent" as an element must be based on case law. Neither of you have cited any cases to that affect.

You are certainly free to follow your "uncle's" advice (reads like something off of one of those "trial by ambush" web sites), but please remember what Chucky said about irritating the court. If you're found guilty:

Keep in mind that the officer is going to testify that you "peeled out" in first AND second gears. If you ask if it rained earlier, he will say something like, "I don't recall, but I'm not in the habit of handing out citations for infractions that might have been caused by the weather." From my viewpoint it's the "first AND second" gear thing that's hard to beat. Anyone can see momentarily losing tracking on a slick road -- but through first AND second gears? Nah!

So, my advice -- get a lawyer.

Good luck,
Barry

Thank you for the responses. And just to clear the air, I have an appointment with an attorney in the morning, so that angle is covered. Here is the website where I found the jury instructions: http://www.justia.com/criminal/docs/...2100/2202.html I'm not sure how accurate or current it is, but it's the most I could find. If someone has access to something more authentic, please post it up.

I know that the best advice in this situation will come from a lawyer. Pretty much the same as any other case where one is to be involved with the justice system. I'm glad places like this site exist, where people can discuss options and strategies in an effort to be more informed when it comes time to go to court.

I will continue to update this thread, as there isn't much follow-through with this particular topic.