Subpoena Ducus Tecum Form - Patrol Car video

Discussion in 'Off-topic' started by mrhutch, Feb 23, 2017.

  1. mrhutch

    mrhutch Well-Known Member

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    I was pulled over on a DUI fishing expedition a couple of days before Christmas, and after disagreeing with the officer that my vehicle was not manufactured with tag lights, he added "Oh, and you were swerving back there" and then brought back a citation for failure to maintain lane/improper lane change, which is complete bull feces. There is no way whatsoever that my tires ever crossed the middle line or that I was out of control of my vehicle, and I believe this was a bullying tactic. The fine would be $155, and this morning I went to the arraignment. The Assistant Solicitor would not dismiss it and suggested I get an attorney for the jury trial I requested, which is absurd because I didn't do what I'm being accused of and I am 99% positive that the video will prove that. However, I would like to have the video for the calendar call/presentation of evidence on 3/27 in hopes that they will dismiss the case at that time, and nobody at the court would give me any information on how to get it, just said "that's legal advice, you'll need to have your lawyer handle it." I'm not paying a lawyer hundreds of dollars over a $155 ticket that I'm not guilty of, and I'm not bending over and taking the bullying that they're subjecting me to.

    What details do I need to have in order to complete the evidence subpoena, who do I send it to (Cobb county police or Solicitor?), and is there another way to get a copy of the video without going through the subpoena process?
     

  2. UtiPossidetis

    UtiPossidetis American

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  3. mrhutch

    mrhutch Well-Known Member

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    Well, sherriff oconee's link was dead, but using the info from the thread I was able to find the gentleman in charge of the records for Cobb County and sent him an email. Thanks! Hopefully they don't try to charge me for this crap. They should be stumbling over themselves trying to prove folks guilty, not sitting back and making innocent folks bend over backwards to prove them wrong.

    edit: hit submit before I saw your new link.
     
  4. UtiPossidetis

    UtiPossidetis American

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    Good luck. Cobb and Woodstock run the worst speed traps around these parts. Arrogance combined with a badge has been my uniform experience with those two departments. Cherokee Sheriffs office is completely different and very professional IMHO.
     
  5. mrhutch

    mrhutch Well-Known Member

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    Oh he pulled me over for not having tag lights at 12:18 AM. Happens at least once a year, there are 5 bars on the street and lots of drunk drivers--he was flat out fishing.

    Usually the stop goes "hey, you don't have tag lights. You know, it's awfully late, have you been drinking?" and then I inform them that my jeep doesn't have tag lights, and no I haven't been drinking, and they realize that I am very sober and then give a verbal warning and everyone moves on.

    This guy got super defensive when I told him my car was made with no tag lights and then accused me of swerving, and came back from running my license with a citation of failing to maintain lane. the code he cited states that that means I crossed the center line, which I can state with 100% certainty I did not. My girlfriend was in the front seat, I can assure you I would have heard about it much sooner than from him had I been swerving.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Was it manufactured before 1954?
     
  7. mrhutch

    mrhutch Well-Known Member

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    No, it's a 1995 jeep wrangler. There is no place for a tag light. I've had this vehicle for 7 years now, and that's always been a good enough answer when I've been pulled over for these DUI fishing expeditions. My tag is mounted in the middle of the tailgate and is clearly visible from beyond 50 feet. It IS too high to be read with the automated tag readers mounted on the bumper of many patrol cars though, as the jeep is lifted. I was of course completely polite and never raised my voice, but he continued to argue until I just said "officer, I mean no disrespect and there is no sense in arguing. If you insist that there should be tag lights, I concede and apologize and I will look into it." At this point he mentioned "oh and you were swerving back there", which is completely false.
     
  8. psrumors

    psrumors Well-Known Member

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    Someone removed the tag lights and bracket. Your vehicle was manufactured with tag lights, that is a fact
     
  9. mrhutch

    mrhutch Well-Known Member

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    Here's a stock rear end on a 1995 wrangler rio grande. Show me a tag light bracket. But regardless, he didn't cite me for a missing tag light, or I would have just found a way to mount one and plead compliant in court in hopes of getting the fine dismissed. He cited me for failure to maintain lane, which is BS.
     

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  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Regardless, it is Georgia law if manufactured after 1953.
     
  11. Adam5

    Adam5 Atlanta Overwatch

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    The tag lamp was originally in the bottom of the left tail lamp.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The light on the 95 model is not in a "bracket" but in that tail light housing. You need to figure out why yours is not lighting up the tag and fix it.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Yep, that's what I was saying.
     
  14. awanatech

    awanatech Well-Known Member

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    On that stock rear end of the 95 Wrangler, the tag is mounted directly underneath the left stop/ tail lamp. The underside of that lamp has a clear lens to illuminate the tag whenever the tail lamp is on. Underneath the right lamp is most likely solid black plastic with no lens. There wouldn't be a separate tag light/ bracket. This is also how trailer lamps illuminate the tag
     
  15. mrhutch

    mrhutch Well-Known Member

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    My tag is mounted in the middle of tailgate and the obnoxious spring loaded tag holder is removed from over the gas cap under the tail light. I guess I'll just have to order a lighted tag bracket and mount it to the tailgate when I add the rear facing flood lights this summer.

    I thought the law said lighted OR visible from a certain distance, because my tag is clearly visible and completely unobstructed.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Here is what Georgia law says:
    Either a taillight or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillight or taillights, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted​
    .
     
  17. mrhutch

    mrhutch Well-Known Member

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    well crap.

    Anyway, the cobb PD came back to me and said that since this was an open case, the open records act did not apply and I have to request a copy from the solicitor, who told me to have a lawyer request it because "I wouldn't understand the process as a layman." Awesome.
     
  18. psrumors

    psrumors Well-Known Member

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    I meant tag lights and tag bracket since your tag is in the middle of the tailgate.

    Everyone else covered the fact you should have taglight and yours did in fact come with it.