It's Going to Trial...

Met with the DA on Friday. Was hoping to get this bogus ticket dismissed. Guess I was wrong. The DA was not interested in hearing what I had to say.... only said he could reduce the fine amount. I even tried explaining to him what happened... nope, didn't want to hear it. All he said was it was between the deputy and I and if I wanted to ask him questions then he would set a trial date and mail me the info... it would probably be in thirty days or so.

Yeah and I thought about getting a lawyer, but everyone I have talked to about this thinks I have a pretty good case on my end... I know the law, I know the elements of the law and that reason alone is enough to let the judge know I did nothing fitting the elements of the crime. I have to go in and keep a cool head, but I do have plenty of questions for that deputy. The DA says (and not knowing how he got this out of the three sentence statement in the narrative from the officer) that it sounds like the deputy was just frustrated and sick of dealing with me.... still, not enough for a DC ticket... since I did nothing under the elements of the state statute for disorderly conduct.

On the other hand, some people are telling me to just pay the ticket and let it go. I would, if I knew I deserved it. There's only been two other tickets I have ever fought in my lifetime, because I know if I got the ticket I did it and am more than willing to pay for the consequences. But this one, I did not deserve. Therefore I am fighting. Most others have been traffic violations, some ordinance violations, but the only other two I fought were.... and here's good stories behind both... one was for prowling and the other for violation of ball playing regulations.

Seriously.

The prowling one, a friend and I were playing a game we invented called "Prowler" and just so happens well, we had nowhere to play (all the parks int he city are closed from 11 pm to 7 am) so we made the city block I live on our boundaries. Just so happens I lived half a block away from the PD, and as I was on the sidewalk looking around the corner for my prey, an off duty officer comes out of the PD claiming I was looking in the windows of the house on the corner. He chased and dragged me back to the PD and had an on duty officer come write me a ticket for prowling. That one was thrown out no problem.

The other one was for violation of ball playing regulations. Basketball. There's a nice park on Sand Lake Road with a basketball court so I was up there playing one night.... it was about 1040 ish (remember the park closes at 11) when an officer steps out and tells me they got a complaint about me playing basketball so if I left he would appreciate it. No problem, I left. Few nights later, I was out there about the same time, and an officer walks over to me from Kwik Trip across the street, munching on pretzels and Gatorade, and tells me I need to leave because the park will be closing soon. I said OK and I left.

Just after 1030 a few nights later, I'm out there playing basketball and a squad car flies up to the curb, steps out and yells across the court "Holly get over here and give me your driver's license!" I asked why (yeh I was young and rebellious) and he says "because you've been told you can't be out here playing ball this late and we've been out here a few times for you playing ball this late so tonight you're getting a ticket."

I was like, "a ticket for what?" and he replied for violation of ball playing regulations.... I was at the other end of the court, he was on the other side of the fence, and I was pissed, so I whipped the basketball across the court at him and it bounced off the fence next to him. He yelled "Do you wanna go to jail for disorderly conduct?" I said no and then he yelled for me to get over there and give him my ID.

This is the same officer that wrote me the prowling ticket. So he gives me the ticket and I asked him if the park is open til 11 why can't I play basketball until 11?

He says the park is open til 11, but there's a city ordinance saying no one can play basketball in any city park or playground between the hours of 1030 pm and 7 am.

The ticket was dismissed because even though it's a city ordinance, it''s not posted anywhere in the city in any of the parks or playgrounds. I told the city attorney that and he agreed.

So those were the only other tickets I've ever got that I've fought, because, come on now... they were both pretty bogus. As was this one. We'll see what happens at trial. Bring it on, 132!