I just got home. The judge found me
not guilty!
Here is the long version of what happened if anyone is interested.
I got to the court house about 30 minutes before my trial. I signed in and then had a seat in the waiting room. The arresting officer then showed up. He approached me two separate times and tried to persuade me to settle outside of trial.
The first time he said "I have already given you the lowest fine so there is nothing else I can do for you. Are you sure you wish to continue? The fine is only $25"
I replied "Yes I want to continue, that is why I'm here."
He then approached me again five minutes later and warned "The judge will give you the maximum sentence and you will have to pay the court costs. We can settle now if you want."
I replied "I'm here for my day in court. I am not guilty and want justice. I'll see you in the courtroom."
So about 10 minutes later we get called into the courtroom. It's just the officer, the judge, and myself in the court room. The officer gets sworn in and takes the stand for his opening testimony. He lied his ass off! He said something like...
"I saw the defendant Mr Yates, who is sitting over there without counsel (He smirked like I'm an idiot for coming to trial without a lawyer), staggering drunk on the night of the arrest. I stopped him and he had glossy eyes, appeared highly intoxicated, and was slurring. Mr Yates. claimed to have drank several beers that night. Upon talking with him he became argumentative. He then refused to take a breathalyzer. I explained to him if he refused I would have to take him into custody. I then made the arrest."
The judge (who was pretty damn fair and polite) then cut him off and started asking pointed questions. He said "were there any cars in the area?" The officer starts lieing and it is obvious he is lieing by the way he is answering the question. He says "yea there were cars blah blah." The judge keeps cutting him off and asking more specific questions. The judge then said "the area you are claiming the defendant was in is an alleyway. Are you really telling me there was heavy traffic in this alleyway at 2 AM?"
The judge then asked me if I had any questions for the officer. I prepared several questions beforehand, and I informed the judge that I did. I then asked all of my questions and sort of trapped him into admitting my innocence. He lied a little though so it still sounded like I was guilty.
I was then sworn in and gave my testimony. I was very articulate and passionate, and the judge noticed. I explained that there were no cars in the area, and that I had only drank 3 or 4 beers that evening, not several. He commended me on doing a good job researching the charge.
The judge then asked me "Why did you refuse to take a breathalyzer".
I replied (and this is an exact quote!) " I feel very strongly about liberty and my right to be free from unreasonable searches."
The judge then said he wasn't sure if a breathalyzer was considered a search. I then cited a supreme court ruling that states pedestrians are not required to take breathalyzers, and refusal is not an admission of guilt.
The judge then asked the officer if he would like to question me, and he declined.
The officer was then allowed to make a closing statement. You'd never believe what he said. He said...." I believe intoxication begins with the first drink, and Mr Yates. clearly was drinking beer that evening."
SO WTF? This cop believes that everyone who has one beer and steps outside of their house should be arrested? Jesus christ.....
The judge then replied, "Mr Yates only had 3 or 4 beers that evening, which is far from being highly intoxicated. While I do think you had reasonable cause to stop him and make an arrest, in this court we require proof of guilt beyond all reasonable doubt. I do not think that proof has been established, and I am finding Mr. Yates not guilty."
Then I went home!
If anyone wants me to post the specific questions I used in the cross examination or my testimony I will.
