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Is this police perjury?

posted 6/2/2008 8:56:42 PM |
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  Pornosaurus

I have been waiting for the audio tape of my appearance in a North Charleston, SC court, but believe the officer read from the incident report when he testified under oath. In the report he said, "...I... OBSERVED A WHITE MALE WALKING AGAINST THE FLOW OF VEHICLE TRAFFIC IN THE SECOND LANE OF RIVERS AVE. I STOPPED MY PATROL VEHICLE IN THE THIRD LANE OF RIVERS AVE EASTBOUND AND ASKED THE SUBJECT TO STEP OUT OF THE ROADWAY AND ON TO THE GRASSY AREA..." The video from the patrol car that morning showed that he stopped in the fourth lane (the western most lane of four lanes of eastbound traffic), where there was neither a sidewalk, curb, or embankment. It showed me with one foot in the road and one foot on the grass at a little past 3 in the morning. The officer went on to state, "...THE SUBJECT... REFUSED THIS OFFICERS COMMAND TO LEAVE THE ROADWAY AND HAD TO BE ESCORTED FROM THE ROAD. WHILE ESCORTING... A STRONG ODOR OF ALCOHOL COULD BE SMELLED EMITTING FROM... PERSON..." The video shows clearly me walking on to the grass before the officer stopped his patrol car. Furthermore, he never gave me a sobriety test. He did not give me a breathalizer. I never appeared intoxicated. I went to jail on the charges of obstructing a roadway and public intoxication. This has continued to cost me.

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Comments:

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StraddleMyNose

Jun 2 @ 9:03PM  
Can't say since I haven't seen the video. But going what you said, he could have mistaken about where he parked, but as far as seeing you in the roadway, that could be iffy at best. Someone out three in the morning walking along the roadway would get my attention too, and I would most likely stop if I was a police officer to see what the story was and to see if you were okay. If he smelled alcohol, he should have given you a test. Were you drunk, Porns?
clickedanad2

Jun 2 @ 9:11PM  
is this a
whine. bitch, woe is me kinda thing?
were you drunk?
were you where you shouldn't be?
the way I see it
and play it
if you fuck up
you own up
ya know?
Pornosaurus

Jun 2 @ 9:14PM  
Thanks for the comment, Straddle. Would you like for me to send you a copy of the tape? Title 56 of the SC Code of Laws can allow me to walk in a roadway. There is no local curfew ordinance that I know.

SO, IS IT O.K. TO STOP SOMEONE FOR SPEEDING, IF THEY WERE REALLY GOING FIVE MILES BELOW THE SPEED LIMIT, ACCUSE HER OF SMELLING OF ALCOHOL, AND THROW HER IN JAIL?

How could he smell anything on me while escorting me, if he never escorted me from the roadway? Was I drunk? That's the irrelevant $3 million dollar question.
rnj1013

Jun 2 @ 9:15PM  
perjury is when you state something under oath and then state something else when asked again. What he did was recount the events wrong so until the video shows him as incorrect, as long as he sticks to his story he has not perjured himself. Fortunately for you, if the video shows the account happened differently than he has stated, more often than not the case will be dismissed because of that unless it is a violent crime. Good luck to you
Pornosaurus

Jun 2 @ 9:20PM  
clickedanad2, I admit that I was walking home in the road. What was my crime? How did I fuck up...?
StraddleMyNose

Jun 2 @ 9:29PM  
." The video shows clearly me walking on to the grass before the officer stopped his patrol car.

I admit that I was walking home in the road

Which one is the true statement out of the two you make here?



What was my crime?

You may have perjured yourself if you said in court that you weren't walking in the roadway at all...

Pornosaurus

Jun 2 @ 9:30PM  
Thanks to everyone who posts to this blog. rnj1013,

"CHAPTER 9.
OFFENSES AGAINST PUBLIC JUSTICE
ARTICLE 1.
PERJURY
SECTION 16 9 10. Perjury and subornation of perjury.
(A)(1) It is unlawful for a person to wilfully give false, misleading, or incomplete testimony under oath in any court of record, judicial, administrative, or regulatory proceeding in this State.
(2) It is unlawful for a person to wilfully give false, misleading, or incomplete information on a document, record, report, or form required by the laws of this State.
(B)(1) A person who violates the provisions of subsection (A)(1) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(2) A person who violates the provisions of subsection (A)(2) is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not less than one hundred dollars, or both..."

It will most likely cost me another $300, +/- $100 dollars to have my criminal record expunged...

sugarnspice005

Jun 2 @ 9:30PM  
No, I wouldn't call it perjury. Even cops can make mistakes. If the video shows slight differences from the officers testimony..it will be viewed as a "mistake" more than likely.

As for the public intoxication....sorry...when it comes down to your word against the police officer...judge is most likely to believe the officer. Not saying you were drunk...just stop and think how many times a judge hears a defendant say "I didn't do it". Although...if the officer was going to be charging you for public intoxication...he really should have done a sobriety test.

What you need is a good liar............errrr....lawyer I mean.
Pornosaurus

Jun 2 @ 9:35PM  
I thank you for holding your interest Straddle. I was walking in the road, then walking on the grass before the police officer stopped his patrol car. I plead not guilty in court. I didn't tell the judge what happened that morning.
StraddleMyNose

Jun 2 @ 9:38PM  
If you were drunk that night the officer very well may have saved your life since you had been out in the roadway and could have been hit by a car at 3 in the morning. Be thankful you're still alive. Just sayin', you never know what could have happened had he not stopped you....
wtxman

Jun 2 @ 9:39PM  
Good Luck my friend; remember it is a "legal" system.not a "justice" sytem.
Pornosaurus

Jun 2 @ 9:40PM  
Again, I thank all of you. It just goes to show that a cop can make up a story, send you to jail, and you're the one who has to pay for it. Anyway...
Pornosaurus

Jun 2 @ 9:42PM  
By the way, whatever happened to innocent until proven guilty in this country?
clickedanad2

Jun 2 @ 10:03PM  
ok
it's 3 a.m.
you're drunk
you're walking home - towards traffic
in the 4th lane of an 8 lane divided highway
and you got popped for it
what are you innocent of ?
here's the deal
you're asking our opinion without providing all the facts
in my opinion
from the information you've provided
you should quit whining about the cop
and start exercising better judgement
and also
start accepting responsibility for your actions
again - in my opinion
beefygoblin

Jun 2 @ 10:22PM  
Innocent untill proven guilty went out of fashion along with the fourth amendment and legal pornography (according to the current justice department all porn is obsenity by nature and thus not protected by the first amendment, this even includes some "pornagraphic" writings. See US v. Fletcher).

Ever read the patriot act? Nuff said


Pornosaurus

Jun 2 @ 10:24PM  
Hi.
3-4 in the morning.
I don't have to answer that. The truth may be shocking
on the left side (i'm not talking poltics), which is the correct side
4-5 lanes--each way, a lane or two of grass between
popped?
if you're going to send me to jail, do it for something i've actually done
The Deal, huh
what other facts do you (or anyone else) want?
...
...
.......
I accept responsibility for my actions; will he?
ThePurpleProphet

Jun 2 @ 11:28PM  
A wise man once told me "nothing good ever happens at three o'clock in the morning".

If you are innocent and have proof then there is nothing to worry about. He hasn't perjuried himself if it's an honest mistake. To try and prove perjury here would be tough.
GSpotGina

Jun 2 @ 11:31PM  
Drunk or sober, you were jaywalking. Next time, call Saferides.
soft_touch938

Jun 3 @ 1:09AM  
Just a thought....doesn't all 4-5 lane highways restrict people on foot? Maybe not.
Pornosaurus

Jun 3 @ 5:33AM  
"CHAPTER 5.
UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS
ARTICLE 1.
GENERAL PROVISIONS...
SECTION 56 5 3160. Pedestrians on highways...
(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, if on a two way roadway, shall walk only on the left side of the roadway..."

Pornosaurus

Jun 3 @ 5:40AM  
"...CODE OF ORDINANCES
CITY OF
NORTH CHARLESTON,
SOUTH CAROLINA..."
Sec. 17-133. Obstruction of roadways prohibited.
(a) No person shall knowingly and intentionally engage in conduct which impedes, or is likely to impede, pedestrian or vehicular traffic along any public street, sidewalk, or roadway.
straightup_9

Jun 3 @ 11:11AM  
the officer read from the incident report when he testified under oath.

This is how Law enforcement officials get around the "perjury" thing.....

He was READING a written report...NOT TESTIFYING.....His arrest report is NOT a sworn statement. He testified that this was the report he submitted...but he did not testify that this is what happened....A good Lawyer would have objected and insisted the officer state his actions without reading, thereby bringing perjury into play.

[QUOTE]Was I drunk? That's the irrelevant $3 million dollar question.

I don't care how unjust you think it is...if you appeared in court without a lawyer, you are screwed.
straightup_9

Jun 3 @ 11:29AM  
I clicked the wrong button...wasn't done...

Was I drunk? That's the irrelevant $3 million dollar question.

If they charged you, and took you to jail...it is VERY relevant....especially if they did not administer a sobriety test (breathalyzer or blood)....Now, if you REFUSED a sobriety test, then that's an automatic charge and the burden of proof falls on your shoulders.

Get a lawyer...and forget about seeking "revenge" on the police officer. He did not commit perjury. Next time, don't appear in front of a judge without legal representation.
Pornosaurus

Jun 4 @ 11:57PM  
I was told that I was going to get the tape from the pre-trial today, but did not.

I sought a continuance on the grounds of seeking a public defender. If that had failed, I would have sought one to have waited on the video tape, because I could have been looking at 30 days... I appeared in court to have secured my bail money, that I put on my debit card.

The officer never mentioned any kind of test.

I think I ought to listen to some Marley


Pornosaurus

Jun 14 @ 9:09PM  
YouTube:

"Wrongful Arrest, False Imprisonment, Felony Perjury..."
DonaldJamesI

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Is this police perjury?