Le Roy, New York - 1st Trial
Back around 2017-2018; I had an accident. While driving to the end of the parking lot at my apartment complex, I accidentally hit a parked police vehicle that was monitoring traffic.
My vehicle was still relatively new to me, and as such…the seat may have been a little too low as I didn’t gage properly how far my right hand side was to the vehicle. The parked police vehicle was on the right hand side; facing with outgoing traffic. To the right of the police vehicle was a lot of brush and trees.
Given I brushed up against the left side of the police vehicle; it’s only reasonable to state that I didn’t “Pass On Right”…as the traffic citation from the county sheriffs office indicated; hence why I not only made a plea of not guilty by mail, but likewise refused the plea offer by the DA given I couldn’t possibly have attempted to pass the police vehicle on the right with the brush and trees in the way; let alone the evidence that I brushed up against the left hand side of the police vehicle; not the right hand side.
i even questioned the officer that handed me the citation about it; scratching my head and saying “pass on right?”…
The DA even asked the officer when he arrived (which technically the case should have been dismissed given he wasn’t present after court concluded and I had to wait about 10-15 minutes for him to arrive); likewise puzzled about the “pass on right”.
My main argument at the end was simple; why would I lie under oath? I couldn’t have possibly attempted to pass the police car on the right, and by trying to say that I did would be perjury. Thus, given I never had been to trial for anything previously…I wondered why there wasn’t a jury, why they are proceeding (The DA objected when I used the 1st Amendment as my defense (in regards to lying under oath rather than general immunity from state prosecution); and ultimately conceded when the judge was informed of the definition of the particular infraction, and that it was more of a clerical error in the title of the code rather than a problem with the definition itself.
I couldn’t really hear what the DA said given they were on my left side, and at the time (which I found out years later) my left ear was “clogged” with a small unidentified foreign object which caused me to believe for many years that I had hearing loss in that ear, only to find I had significant improvement in my hearing after removing it using a ear cleaning tool that had a camera on it so I could literally see the inside of my ear canal. Based on that obstruction; I don’t know what the DA said after I said “had I known that, I would have accepted the plea offer”…when the definition of the code was stated…as my argument about perjury was null and void.
i paid the fine, and my insurance raised slightly because of the points on my license.
A year or so after the fact it had more of an impact, which ultimately made me start questioning a lot more things when it came to traffic laws; as it had a more significant impact on my life. Ultimately it worked to my favor, as YAHWEH is a provider, but at the time it made things look dismal and I contacted the DMV about it; advising at that time of how alienated I felt (which I did feel) given my rights were violated when I asserted them…but I also admit that I probably didn’t assert them properly. YAHWEH took care of the situation for me later when the judge, being a modern Christian, was arrested for child abuse a few months later…which made me think to myself “if he had listened to my argument…”; as the argument would apply to him likewise.
My vehicle was still relatively new to me, and as such…the seat may have been a little too low as I didn’t gage properly how far my right hand side was to the vehicle. The parked police vehicle was on the right hand side; facing with outgoing traffic. To the right of the police vehicle was a lot of brush and trees.
Given I brushed up against the left side of the police vehicle; it’s only reasonable to state that I didn’t “Pass On Right”…as the traffic citation from the county sheriffs office indicated; hence why I not only made a plea of not guilty by mail, but likewise refused the plea offer by the DA given I couldn’t possibly have attempted to pass the police vehicle on the right with the brush and trees in the way; let alone the evidence that I brushed up against the left hand side of the police vehicle; not the right hand side.
i even questioned the officer that handed me the citation about it; scratching my head and saying “pass on right?”…
The DA even asked the officer when he arrived (which technically the case should have been dismissed given he wasn’t present after court concluded and I had to wait about 10-15 minutes for him to arrive); likewise puzzled about the “pass on right”.
My main argument at the end was simple; why would I lie under oath? I couldn’t have possibly attempted to pass the police car on the right, and by trying to say that I did would be perjury. Thus, given I never had been to trial for anything previously…I wondered why there wasn’t a jury, why they are proceeding (The DA objected when I used the 1st Amendment as my defense (in regards to lying under oath rather than general immunity from state prosecution); and ultimately conceded when the judge was informed of the definition of the particular infraction, and that it was more of a clerical error in the title of the code rather than a problem with the definition itself.
I couldn’t really hear what the DA said given they were on my left side, and at the time (which I found out years later) my left ear was “clogged” with a small unidentified foreign object which caused me to believe for many years that I had hearing loss in that ear, only to find I had significant improvement in my hearing after removing it using a ear cleaning tool that had a camera on it so I could literally see the inside of my ear canal. Based on that obstruction; I don’t know what the DA said after I said “had I known that, I would have accepted the plea offer”…when the definition of the code was stated…as my argument about perjury was null and void.
i paid the fine, and my insurance raised slightly because of the points on my license.
A year or so after the fact it had more of an impact, which ultimately made me start questioning a lot more things when it came to traffic laws; as it had a more significant impact on my life. Ultimately it worked to my favor, as YAHWEH is a provider, but at the time it made things look dismal and I contacted the DMV about it; advising at that time of how alienated I felt (which I did feel) given my rights were violated when I asserted them…but I also admit that I probably didn’t assert them properly. YAHWEH took care of the situation for me later when the judge, being a modern Christian, was arrested for child abuse a few months later…which made me think to myself “if he had listened to my argument…”; as the argument would apply to him likewise.
