Sorry for the delay, I was experiencing some technical difficulties. Regardless....
In response to paragraph one:
You're right, in that case can I move to dismiss the case on grounds that the officer did not follow proper procedure? (providing that a warrant check is required)
- No, whether or not he searched for a warrant has no bearing on 1) whether you failed to stop or 2) whether he properly issued the citation.
(Or, to refute your suggested issue, I can offer the explanation to the Judge that the officer pulled over someone else and he ran through the system ok, however, when writing out the ticket, wrote out the wrong person's information. (I dont intend to use this last theory because its VERYfar fetched, but a Judge might rather go with that theory, than admit an officer didn't follow procedure.))
- I'm inclined to agree with you, I think writing "out the wrong person's information" is highly improbable and not likely to be believed by the judge.
In response to paragraph two:
The Judge will most definitely follow up with said question, to which I assume I have the right to plead the fifth? Or in a more effective (and brazen) way, respond that it is the prosecutions job to prove any guilt, not mine.
- You can either testify OR plead the fifth, you can't selectively plead the fifth. So, you choice would be to testify to everything or testify to nothing. If you plead the fifth on any question, all of your other testimony will be disregarded.
In response to paragraph three:
Yes the officer will be present, but he can only testify as to what his notes say. I don't recall what he looks like, so we can assume he won't remember what I look like! So by him identifying me in court, by means of his report and not memory, my claim would still stand.
- There is some argument to be made that he won't remember your exact appearance. However, I suspect he will state that you provided your driver's license and he confirmed your identity through the use of the license. In other words, there is no compelling argument that it wasn't, in fact, you that was stopped by the officer.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.