3 weeks ago I mailed in my sworn testimony, here it is below.
STATEMENT OF FACTS
Defendant's Name: Jordan Sarette
Case No.: D705496
I respectfully submit this written declaration to the Court. I plead Not Guilty to the charge of violating ORS 811.112.
The facts of my case are as follows:
While driving northbound on Interstate 5 just north of the Phoenix exit, at around 1:55am on 9/1/03 I noticed a much faster moving vehicle quickly, and steadily closing in on me from behind. The vehicle came up to my own, began to follow very closely, close enough I was unable to see the said vehicles headlights in my rearview mirror. The vehicle’s driving created an unsafe situation, and made me feel as if I was in immediate danger. Since I could not move to the right immediately due to another motorist, in accordance with ORS 811.425 I accelerated somewhat to pass this vehicle so that I could yield to the right of the tailgating vehicle and alleviate this developing unsafe situation. Soon after I safely yielded to the right of the overtaking vehicle it followed in behind me, and only then made it clear it was a police officer by turning his lights on. I was stopped by OSP Officer Allison (I.D. #393-31) and issued a citation for allegedly violating ORS 811.112.
Given the speed and consistency that Officer Allison came up on me, I believe the only possible time he could have paced me was while he was tailgating me, (in violation of ORS 811.485) prior to yielding the lane to him.
I spoke to Officer Allison’s Sergeant. He informed me that Officer Allison claimed to have paced me from 30 yards. If this is indeed the case, given that distance it is very hard to maintain the exact same speed as the vehicle you are following, and is not accurate enough to issue a citation with. His Sergeant stated to me that 2 vehicles traveling together with the distance between them remaining the same would vary in speed, as the speed of the 2 vehicles is an average, not constant. Was Officer Allison’s patrol car was equipped with laser, and or radar? If so why where they not used to obtain an accurate gauge of speed? I contest that the speed I was cited for more reflects the speed of Officer Allison’s vehicle, a poor estimate at best of my own speed.
Where I was stopped Interstate 5 is a well-maintained 2 lane freeway, quite safe to travel on at a speed slightly above the 65mph maximum limit with the favorable weather and road conditions (clear and dry) that existed at the time of my stop. Since I was required for safety to momentarily accelerate to allow the car overtaking and tailgating me to pass, I contest that my speed in excess of 65mph was necessary, reasonable, and prudent pursuant to the Basic Speed Law.
The favorable road and weather conditions existing at the time and place of my stop combined with the necessity to momentarily accelerate to alleviate an unsafe situation with a tailgater, made the speed I was traveling at the time of my stop Safe and Reasonable for conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, I contest that my speed at the time of my traffic stop was therefore not per se unlawful.
I trust in the Court's fairness in this matter and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a fine reduction.
I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct.
Well I got a certified letter from the court today, I opened it up expecting to see the full fine of $421. The judge did find me guilty (fucker) but reduced the fine to $325.
Its not the fine that bothers me, but the fact that the Officer involved outright lied to his superior. I know he was within 1 car length of me, to make me speed up. He claims he never came closer then 30 yards, and that my sense of perception was skewed by my excessive speed.
BTW the ticket was for a 91mph in a 55mph zone.
STATEMENT OF FACTS
Defendant's Name: Jordan Sarette
Case No.: D705496
I respectfully submit this written declaration to the Court. I plead Not Guilty to the charge of violating ORS 811.112.
The facts of my case are as follows:
While driving northbound on Interstate 5 just north of the Phoenix exit, at around 1:55am on 9/1/03 I noticed a much faster moving vehicle quickly, and steadily closing in on me from behind. The vehicle came up to my own, began to follow very closely, close enough I was unable to see the said vehicles headlights in my rearview mirror. The vehicle’s driving created an unsafe situation, and made me feel as if I was in immediate danger. Since I could not move to the right immediately due to another motorist, in accordance with ORS 811.425 I accelerated somewhat to pass this vehicle so that I could yield to the right of the tailgating vehicle and alleviate this developing unsafe situation. Soon after I safely yielded to the right of the overtaking vehicle it followed in behind me, and only then made it clear it was a police officer by turning his lights on. I was stopped by OSP Officer Allison (I.D. #393-31) and issued a citation for allegedly violating ORS 811.112.
Given the speed and consistency that Officer Allison came up on me, I believe the only possible time he could have paced me was while he was tailgating me, (in violation of ORS 811.485) prior to yielding the lane to him.
I spoke to Officer Allison’s Sergeant. He informed me that Officer Allison claimed to have paced me from 30 yards. If this is indeed the case, given that distance it is very hard to maintain the exact same speed as the vehicle you are following, and is not accurate enough to issue a citation with. His Sergeant stated to me that 2 vehicles traveling together with the distance between them remaining the same would vary in speed, as the speed of the 2 vehicles is an average, not constant. Was Officer Allison’s patrol car was equipped with laser, and or radar? If so why where they not used to obtain an accurate gauge of speed? I contest that the speed I was cited for more reflects the speed of Officer Allison’s vehicle, a poor estimate at best of my own speed.
Where I was stopped Interstate 5 is a well-maintained 2 lane freeway, quite safe to travel on at a speed slightly above the 65mph maximum limit with the favorable weather and road conditions (clear and dry) that existed at the time of my stop. Since I was required for safety to momentarily accelerate to allow the car overtaking and tailgating me to pass, I contest that my speed in excess of 65mph was necessary, reasonable, and prudent pursuant to the Basic Speed Law.
The favorable road and weather conditions existing at the time and place of my stop combined with the necessity to momentarily accelerate to alleviate an unsafe situation with a tailgater, made the speed I was traveling at the time of my stop Safe and Reasonable for conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, I contest that my speed at the time of my traffic stop was therefore not per se unlawful.
I trust in the Court's fairness in this matter and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a fine reduction.
I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct.
Well I got a certified letter from the court today, I opened it up expecting to see the full fine of $421. The judge did find me guilty (fucker) but reduced the fine to $325.
Its not the fine that bothers me, but the fact that the Officer involved outright lied to his superior. I know he was within 1 car length of me, to make me speed up. He claims he never came closer then 30 yards, and that my sense of perception was skewed by my excessive speed.
BTW the ticket was for a 91mph in a 55mph zone.
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