Saturday, August 8, 2009

Take your time and BREATHE...

The trial will proceed at an extremely fast pace. The prosecutor already knows what questions he will ask. The officer already knows what to say to the prosecutor’s questions, they have done this dozens of times. You will not be able to understand everything they say.
*Note*: Pay attention only to the testimony regarding the calibration. When it comes to your turn, only go for the calibration. Ask as few questions as possible, do not open the door for the prosecutor. Once the point is made, stop and ask for a dismissal. Do not continue unless your motion is denied.

Try Not to Be Nervous
You will be nervous, take your time, read your notes, ask the prepared questions you have written down. You are allowed to read from your paper. If they deny it, immediately appeal.

Do Not Give In
The prosecutor will try to have you take the witness stand. DO NOT DO IT. You may be tempted to take the stand so that you can tell your side. DO NOT DO IT. Your story is not important and will never lead to a dismissal or not guilty verdict.
*Note*: Only ask questions, never give an answer. A question asked can never be used against you. If you freeze, ask the judge for a moment to regain your composure and read your notes. Most of all, keep the questions to as few as possible, and stay on target.

Reduced Charge
Before the trial, the prosecutor may make you an offer for a reduced charge. TAKE IT. That is reducing the charge to a non moving violation. The judge knows that on appeal his ruling will most likely be overturned, but you have to put up a bond for appeal, hire a lawyer, and spend lots of money.

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