jwhill
12-30-2006, 05:14 PM
nov 5th , seen probation officer, she told me there was rumor going around that i was taking oxi-contins, said no, she said ok see ya later, and i left then 3pm in afternoon 2 days later nov 7th 2005 I was pulled over by local dickhead cop that knows me in small town ,, came up to my window, handed him all papers, asked him why he pulled me over soince i know i had done nothing wrong, first words out of his mouth were, JOE you look like your on oxi-contins, i said get the **** out of here, some body told you that. He said no really joe you do, then asked if he could search my truck, i said no,, he told me to get out of truck, searched my truck, found drug paraphinalia, placed me under arrest, wanted me to give him piss for drug test, i refused, automatic als susspension, went to county jail for felony dui, truck, impounded ,this will be my 4th if convicted. Never mention of alcohol at all, please report he admits to asking about oxi-contin as rumored in parenthisies. Later im charged w/ driving left to center, bull**** made up probable cause, but that would normally have been a ticket and a have a nice day. Over a year later,, numerous motions, now case is up for a hearing on january 2nd 2006 in appeals court, judge granted last motion in my favor to drop to 3rd offense do to a journalization error with my first offense. It took us 3 months to get video tape of stop, have numerous signed letters from assistant chief of police telling us that he doesnt know whats up w/ tape from patrol car that officer in question has it etc, get tape finally and nov 7th 2005 to the 10 shows static, then picks back up from 10th to 20th with no problems, they tried saying video equipment had problems, filed motion for repair records, there are and were none, judge denied motion to dismiss case on bad faith because we cant prove that video was ever made, even after so called property controll officer just testified that he put tape in on 7th and there was no problems with video equipment. Why did it take 3 months to get tape. I said from get go that cop was going to make something happen to that tape because he wasnt going to let somebody see him come to my window and ask me what he did then arrest me just because he heard a rumor. Case is still on going. Appeal will be heard on January 2nd regarding the motion to reduce to 3rd offense. I still want to take all to trial. Any advice, can I file civil suit of any kind if I win this case in trial and get found not guilty.?????? And if found guilty, do I have right to another appeal???