I have court on July 7th for a failure to obey a highway sign ticket. I recorded the stop because I am 99.99% sure the cop followed and subsequently stopped me solely based on race. I had my cruise control active and was 28 in a 25 the cop said on the video he was driving 38 and I pulled away and that I was speeding and my speedometer was broken...on the the notes I requested via Duces Tecum he stated a different speed. What is my defense...when I know I was not speeding and is there any case law with a similar situation?
Answer
Your defense in this "he said vs. you said" situation should focus (in my opinion) on the inconsistency in the cop's assertions as illustrated by his notes which you apparently secured via a SDT and let the judge draw his or her own conclusions regarding any issue of racial profiling
that might be involved.
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