Thursday, July 20, 2006

Legally Impotent

So today got to be a bit frusterating.

I am working on this assignment trying to get a charge tossed because the police stop of the vehicle seems to be pretty pretextual: usual stuff-- music was too loud, object suspended in the rearview... Driving while Black. I had written about 85% of my motion when I started to research the final reason the cops had for pulling this guy over: the owner the car was registered to no longer had a valid license.

My first argument was that simply because the owner had an invalid license, doesnt mean that the driver needs to be pulled over. Except then I found a recent MN Supreme Court case right on point: finding that a vehicle's owner has a suspended license creates the pressumption that the owner is driving and is a valid reason to pull a vehicle over. Shit. That destroys our argument. Completely.

So I spent the rest of the afternoon trying to parse together different arguments why the case shouldnt apply, when it really should. I am trying to keep plugging away at the argument, but it is like struggling to get your seat cushion out on an aircraft hurtling toward the ground: pretty hopeless.

The thing is, I know the attorney is not going to accept "Sorry it just isnt going to work" on this case. And since she wont, I cant accept it either.


Musical Fodder for my Writing:
"Forever" Vertical Horizon,
Go

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