Always video cops after a traffic ticket

THE DRAGONATER WINS IN TRAFFIC COURT AT DEALS GAP, RAISES SPEED LIMIT TO 65 MPH ON THE DRAGON - NOLLE PROSEQUI BY BLOUNT COUNTY ATTORNEY GENERAL. NO TESTIMONY, HEARING NOR TRIAL WHATSOEVER. 60 MPH SPEEDING TICKET DISMISSED WITH PREJUDICE, COSTS PAID BY THE STATE, IN BLOUNT COUNTY GENERAL SESSIONS COURT WITH JUDGE BREWER. THP TROOPER RANDALL HUCKEBY ADMITTED ON VIDEOTAPE DURING TRAFFIC STOP THAT ALL SPEEDING TICKETS NORTHBOUND ON US129 AT MILE MARKER 0.5 ARE FEDERAL JURISDICTION, NOT STATE JURISDICTION (VIDEO BY THE DRAGONATER). HUCKEBY WAS ALSO CAUGHT ON VIDEO SPEEDING AT 60 MPH ON THE DRAGON, WITHOUT THE MANDATORY EMERGENCY LIGHTS AND SIREN REQUIRED FOR IMMUNITY FROM PROSECUTION (VIDEO BY THE DRAGONATER). TDOT ADMITTED IN WRITING THAT THE MANDATORY TRAFFIC ENGINEERING SURVEY SPEED AUDIT WAS NEVER PERFORMED, IN VIOLATION OF TN CODE, THUS THE POSTED 30 MPH SPEED LIMIT ON THE DRAGON REVERTS TO THE DEFAULT 65 MPH IN TN CODE. THE DRAGONATER ALSO MADE VIDEO OF TROOPER HUCKEBY SPEEDING UP TO 60 MPH ON THE DRAGON IN A 30 MPH ZONE, WITHOUT MANDATORY EMERGENCY LIGHTS NOR SIREN, IN VIOLATION OF TN CODE, AND PERJURY IN HIS PERSONNEL FILE, WHICH SHOWED HIS $100,000+ SALARY. 2007 TDOT SAFETY AUDIT REPORT CONFESSED THAT THP'S JOB IS TO BAN ALL COMMERCIAL BUSINESSES ON THE DRAGON, SO THP TICKETS INCREASED 11,400% IN BLOUNT COUNTY. THP'S STALKER RADAR OPERATOR MANUAL CONFESSED THAT RADAR CANNOT MEASURE THE SPEED OF VEHICLES WITHIN 18 MPH OF ACTUAL SPEED. WATCH THIS SPACE FOR FULL EVIDENCE FILE. UPDATE 7 MARCH 2011

The Dragonater has used this tactic to win a stop sign case in Blount County general sessions court, by using the cop's own in-car video of the traffic stop. Seems that during the 30 seconds of "high speed chase", the deputy perped 5 traffic crimes, including running a stop sign, all without the mandatory emergency lights and siren on.

Selective enforcement violates equal protection under the US Constitution and Tennessee Constitution, that require when one group of people (cops) is granted a right or immunity, then everyone else gets the same right or immunity. Either the judge must arrest the cop, or must dismiss charges against the driver. That's THE LAW.

The best way to use this defense is to stay at the site of the traffic stop, turn on a videocam and follow the cop. That way you know it's the same cop. Bonus points for clearly seeing the cop's face and license plate, with audio of the cop's voice.

ALWAYS make an audio recording of every conversation with a cop, especially during ALL traffic stops. A digital audio recorder has an 8-hour recording time, no cassette tapes to buy, and can be downloaded to a computer to make a CD for use in court.




Video of officers helps man beat DUI charges

By Todd Ruger
December 16, 2010

SARASOTA COUNTY, FLA. - Defense attorney Tom Hudson saw the video of a DUI stop and figured it was finally time to turn the tables on law enforcement and film them driving.

The stunt helped a Sarasota man beat a DUI charge.

A dash-cam from the squad car showed Ronald Deveau’s car gently drifting to the left side of his lane and back to the middle twice. Deveau’s car never leaves the lane, over-corrects the steering, speeds, or gives any other indication of impaired driving.

Despite that, the deputy saw enough drifting in those 30 seconds to stop Deveau’s car on suspicion of drunk driving. Hudson saw a normal driver, and the latest example of overzealous traffic enforcement in the name of safe roads.

“Everybody weaves in their lane, even the police,” Hudson said.

So Hudson hired a private investigator to document the driving of the drivers most presume are sober — on-duty law enforcement officers. The video shows them making the same driving mistakes that officers cite as reasons for stopping drivers on suspicion of drunken driving: making wide turns, crossing double yellow lines and riding on lane markers.

Hudson took the video to court Wednesday and played a four-minute clip for County Judge David Denkin.

Hudson admits it was a bit of a stunt. But he wanted to drive home the point that imperfect driving is not enough reason to pull someone over.

“There’s not a person driving on this road that the police couldn’t pull over, and I think that’s too much discretion to give police officers,” Hudson said. “A lot of judges have a tendency to say, if the cop says its good enough then it’s good enough.”

Prosecutors argued that the deputy’s training allowed him to recognize Deveau’s driving as suspicious enough to warrant a stop, and that the video of officers’ driving is irrelevant to the case.

Denkin watched both videos and disagreed with prosecutors, saying he could not see a valid legal basis for the stop since the drifting was the only clue that Deveau might be impaired.

The judge threw out all the evidence in the DUI case, saying a deputy needs more than just a “hunch” someone is drunk to stop their car.

Without the stop, prosecutors will have to drop the case. It is unclear whether the video and argument could help other DUI defendants, but other attorneys have expressed interest in trying it in their cases.

Deveau, 44, was in the right lane going east on Bee Ridge Road at Maceachen Boulevard when Deputy Mike Feltovic turned on his dash cam. It was about 2 a.m. on July 3, and Deveau had just left Siesta Key.

The two times Deveau moved to the left of the lane his car was approaching a side street and the entrance to a McDonalds. During the stop, Deveau reportedly told deputies he had been on Siesta Key and drank a pitcher of beer.

Deveau refused to take an alcohol breath-test, but deputies say he did not perform well on the roadside sobriety tests and arrested him.

Hudson argued his client was only showing good defensive driving skills, being cautious of other drivers who may come out from those side streets.

The investigator who created the video of officers, Nancy Smith, told the judge that it was more difficult than she expected to get video, since officers often exceeded the speed limit or sat idle for long periods of time.

Assistant State Attorney Michael Dear tried to save his case. He pointed out to Smith that she did not know the condition of the officer driving the squad car on her video, who could have been ill, tired, distracted or even drunk.

“For all you know, he could have been three sheets to the wind,” Dear said.

“I hope he wasn’t,” Smith said.