Just a dumb question here – is his statement admissible if he wasn’t read the Miranda statement?
I like the idea of having 30 white identical 911s outside the courthouse for the “witness” to identify yours.
I agree with safe driving and appropriate enforcement. This looks like no fault, no foul .... There appears to be dubious law enforcement. I suspect any opposition will result in a dismissal.
I was the object of such prosecution in the late ‘60s. We had an SCCA Saturday night party in Snowmass-at-Aspen. For some reason Bugsy and I needed to go to his house on the other side of Aspen. Going back up the Snowmass road (with my 2.0 911 at 7000 with a Bursch 2-into-1 straight pipe), I passed a matron in her Volvo. An hour or so later she appeared with two Pitkin County Sheriff Deputies in tow. I was issued a summons for something (admitting nothing).
At the court date (I love any reason to drive my 911 to Aspen), I parked my 911 next to the judge's Jaguar. My witness was my passenger, Dr. Robert “Bugsy” Barnard, Mayor.
‘Nuff said.
Andy, the question is; does your friend want to have points on his license and double+ insurance premiums for an improper prosecution? Even you guys can’t be
absolutely sure the “witness” was referring to you.
Best,
Grady
PS; I am not an attorney and this is not legal advice.
However I have stayed in a Holliday Inn Express.