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Pulled out of NAPA parking lot into medium traffic, nailed it, got that nice third gear chirp in the Townie 4BT. Safely into traffic, cruising through town, maybe 5-7 over the limit, slowing to cut into the bank. CHP coming in the opposite direction, slowed down & whipped a hard U across 4 lane 
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A Day in Court....
Posted by: JimmieD (66.81.121.---)
Posts: 1,090
Date: August 10, 2009 07:34PM

Well guys & gals, we had the old showdown today in court. The citing officer is allowed to testify first to 'make his case'. Then the defendant is allowed to question the officer directly in regard to his testimony. Following that the defendant is allowed to testify in his own behalf and present any witnesses favorable to his defense.

CHP & 3 of his buddy officers were there in back and he smirked at me when he saw me, ['Got you by the gonies, hotshot' sort of look] First shot out of the gun the CHP officer knowingly & willingly lied right through his teeth! He claimed that he "...observed that the defendant's seatbelt was hanging straight down and was not in use." Fact is this would not be visible to a passing car going in the other direction at 45-50 mph in the slow lane on a 4 lane road with wide center divider, and me in the slow lane going 45 in the other direction, virtually 5 lanes away, with tinted glass & grey seatbelt on grey interior on my truck.

He then lied about my actual speed. My speedometer was tested by CHP themselves on radar last year and found dead-on accurate & it showed 45-46 mph at the time officer clocked me. He added 6 or 7 and said I was going 52 in a 40 zone. [I was not cited for speed because he knew he had an 'easy' on the seatbelt citation].

I was asked if I wanted to question him and I refrained, then I was allowed to testify in my own defense. I quoted the same section of law I was cited under: 27315 of DMV, and then referred to section F, para 8 & 9:
"This subdivision however does not require installation or maintenance of safety belts if not required by the laws of the United State applicable to the vehicle at time of its initial sale".

This then references Federal Law, as Code of Federal Regulation, CFR Title 49, Section 571.208, and its Subsection S4.1.1.1, S4.1.1.2 & S4.1.1.3:
"Passenger cars manufactured from January 1, 1972 to August 31, 1973 inclusive shall meet the requirements of S4.1.11, S411.2, or S41.1.3. A protection system may be installed that meets requirements blah blah blah".

"Further, your Honor, it will be seen in subsection S4.1.3.1.1 of CFR Title 49, Section 571.208:
'A vehicle shall not be deemed to be in non-compliance with this standard if its manufacturer establishes that it did not have reason to know in the exercise of due care that such vehicle is not in conformity with the requirement of this standard.' Based on my interpretation of the laws of the State of California & the relevant statutes of the Code of Federal Regulations the subject vehicle is exempt from the seat belt requirement under both state & federal mandate, in the same section of law I was cited to be in violation of, due to its manufacture in the 1967 model year."

The officer had his opportunity to rebut my testimony but instead stepped outside of court procedure & told another outright lie, willingly & knowingly in a court of law while under oath: "As I approached the subject vehicle I heard the click and observed the driver fastening his seatbelt..." Well, that sure nailed it down for me.

If anybody here has ever heard a tweaked Cummins 4BT rattling at idle close up with open exhaust you know it's impossible to hear a seat belt click, let alone an SST taking off 20 feet away. Further, the minute I saw John Not-Law spin a U-ie across 5 lanes of traffic and lay the pedal to the metal in my direction, I clicked my seatbelt on. When he approached the vehicle I had passenger door wide open, both hands in plain sight & asked a moment to let the turbo cool down to protect the engine & he agreed. Again: he did not hear the click or see me fasten my seatbelt at that time because it was ALREADY FASTENED!

I started to raise out of my seat on this one and shot a look over at him. Bailiffs & judge saw my reaction and I sat back down, waiting to testify again under procedure. I had the right to respond then but the judge hushed me up & directed me not to testify or comment. Judge then gave a little preamble that I'm going to have to get a copy of, extremely clever and amusing twists of words, deep sense of humor, and demonstrating he also knew the copper was lying a storm, then: "... and therefore after reviewing all evidences & testimony presented I rule the defendant NOT GUILTY!"

On the way home I stopped & bought a great little pudding ring cake & a couple of lbs of French Vanilla to celebrate tonite, I guess I'll have to spoon some ice cream down the filler spout on old Rolling Thunder.... winking smiley

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Subject Views Written By Posted
You young whippersnapper, you! 3074 JimmieD 06/15/2009 09:03AM
Re: You young whippersnapper, you! 621 PwrWgnDrvr 06/15/2009 10:19AM
Re: You young whippersnapper, you! 622 Hobcobble 06/15/2009 11:19AM
Re: You young whippersnapper, you! 648 frankyb 06/15/2009 01:53PM
Re: You young whippersnapper, you! 680 oldmopar 06/15/2009 03:53PM
Re: You young whippersnapper, you! 663 PwrWgnDrvr 06/15/2009 04:32PM
Re: You young whippersnapper, you! 693 MoparNorm 06/15/2009 07:16PM
Re: You young whippersnapper, you! 927 Jerry in Idaho 06/15/2009 07:49PM
Re: You young whippersnapper, you! 598 JimmieD 06/15/2009 10:45PM
Re: You young whippersnapper, you! 658 DB69 06/16/2009 05:45AM
Re: You young whippersnapper, you! 629 JimmieD 06/16/2009 10:51AM
Re: You young whippersnapper, you! 664 JimC 06/16/2009 11:00AM
Re: You young whippersnapper, you! 579 wideblock 06/19/2009 07:51AM
Re: You young whippersnapper, you! 591 JimmieD 06/19/2009 12:30PM
Re: You young whippersnapper, you! 634 PwrWgnDrvr 06/19/2009 02:31PM
Re: You young whippersnapper, you! 647 MoparNorm 06/20/2009 08:41PM
Re: You young whippersnapper, you! 644 JimmieD 06/20/2009 01:04AM
Re: You young whippersnapper, you! 555 wally426ci 06/20/2009 07:13AM
Re: You young whippersnapper, you! 582 JimmieD 06/20/2009 09:55AM
Re: You young whippersnapper, you! 574 PwrWgnDrvr 06/20/2009 05:38PM
Re: You young whippersnapper, you! 587 White Fargo 06/20/2009 11:32PM
Re: You young whippersnapper, you! 566 JimmieD 06/21/2009 12:10AM
Re: You young whippersnapper, you! 597 MoparNorm 06/21/2009 11:30AM
Re: You young whippersnapper, you! 631 DB69 06/22/2009 05:21AM
Re: You young whippersnapper, you! 659 swptln 06/25/2009 08:51PM
Re: You young whippersnapper, you! 592 JimmieD 06/26/2009 12:44AM
A Day in Court.... 569 JimmieD 08/10/2009 07:34PM
Re: You young whippersnapper, you! 549 JimmieD 08/10/2009 07:47PM
Re: You young whippersnapper, you! 579 White Fargo 08/10/2009 07:56PM
Re: You young whippersnapper, you! 536 MoparNorm 08/10/2009 08:38PM
Re: You young whippersnapper, you! 523 JimmieD 08/11/2009 02:21AM
Re: You young whippersnapper, you! 493 White Fargo 08/11/2009 05:30AM
Re: You young whippersnapper, you! 675 JimmieD 08/11/2009 09:43AM
Re: You young whippersnapper, you! 545 PwrWgnDrvr 08/11/2009 02:20AM
Re: You young whippersnapper, you! 519 JimmieD 08/11/2009 02:31AM
Re: You young whippersnapper, you! 483 PwrWgnDrvr 08/11/2009 01:53PM
Re: You young whippersnapper, you! 535 JimmieD 08/11/2009 08:26PM
Re: You young whippersnapper, you! 531 MoparNorm 08/12/2009 01:07AM
Re: You young whippersnapper, you! 569 JimmieD 08/11/2009 02:58PM
Re: You young whippersnapper, you! 571 PwrWgnDrvr 08/11/2009 05:39PM
Re: You young whippersnapper, you! 532 frankyb 08/11/2009 09:37PM
Re: You young whippersnapper, you! 569 JimmieD 08/11/2009 10:28PM
Re: You young whippersnapper, you! 613 White Fargo 08/11/2009 10:53PM
Re: You young whippersnapper, you! 632 JimmieD 08/12/2009 11:18AM
Re: You young whippersnapper, you! 1093 JimmieD 08/12/2009 12:26PM


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