Insanity Defense – Difficult to Prove

The defendant in the Chris Kyle murder case argued he was insane at the time of the killing. There are various forms of the defense, but in essence it is the defendant’s inability to know that his actions are right or wrong, or that a mental disease somehow impaired his free will to act.

Normally, the burden is upon the defendant through his counsel to show that he was insane at the time of the murder. But in some states such as Colorado, the burden falls upon the prosecution to show that the defendant was sane at the time of the murder.

Italy, US Joint “Operation Columbus” Brings Down Drug Ring Run Out of a Pizzeria

In class, we discuss organized crime and its effects on business and society. Recently, Italian special agents, SCO, and the FBI arrested 13 persons in Calabria, Italy, allegedly connected with the ‘Ndrangheta crime family.

With affiliates in the U.S., the suspects were organizing cocaine shipments out of Costa Rica. Authorities arrested them in the middle of the night while they were sleeping and charged them with conspiracy to run an international drug trafficking ring.

The year-long investigation was named “Operation Columbus” and was jointly-led by federal authorities in Brooklyn and prosecutors in Calabria. Gregorio Gigliotti, an owner of pizza shop named “Cucino A Modo Mio” (I Cook My Way), located in Queens, NY, was arrested along with his wife and son. Italian investigators said they had information that he spearheaded the ring. “The Italian restaurant was the command center for bringing some drug shipments to New York and sending others to Europe or Calabria,” Grassi told reporters in Rome. The suspects allegedly shipped cocaine in crates containing cassava, a South American root vegetable.

According to the article, the ‘Ndrangheta has become Europe’s biggest cocaine dealer and has supplanted the Sicilian mafia as the major partner to the New York crime families.

The Fourth Amendment Requires the Police to Act Reasonably Not Perfectly

In Heien v. North Carolina, the Supreme Court held that where a police officer makes a stop based upon a reasonable mistake about a law, the stop is justified.

In this case, an officer stopped a vehicle because one of its two brake lights was out, based on a misunderstanding that the North Carolina law permitted only one working brake light. The officer stopped Heinen’s vehicle because one light was not working and then proceeded to a consensual search of the car. The search turned up a bag of cocaine located in a duffle bag in the trunk. Heinz was arrested and convicted of attempted drug trafficking. The question presented to the Court was whether a police officer’s reasonable mistake of law can give rise to the reasonable suspicion necessary to uphold a seizure of an automobile and the occupants in it under the Fourth Amendment.

The North Carolina statute reads that a car must be:

equipped with a stop lamp on the rear of the vehicle. The stop lamp shall display a red or amber light visible from a distance of not less than 100 feet to the rear in normal sunlight, and shall be actuated upon application of the service (foot) brake. The stop lamp may be incorporated into a unit with one or more other rear lamps. N. C. Gen. Stat. Ann. §20–129(g) (2007).

The Court concluded that the statute required only one stop lamp to be working. However, the officer was under a different impression of the law at the time. A nearby statute requires that “all originally equipped rear lamps” be functional. N. C. Gen. Stat. Ann. §20–129(d). The officer made the stop under a mistake in law. Nevertheless, the Court held that even if an officer reasonably misunderstood the law, as long as the officer conducts a search or seizure reasonably under the Fourth Amendment he is acting justifiably.

“To be reasonable is not to be perfect, and so the Fourth Amendment allows for some mistakes on the part of government officials, giving them ‘fair leeway for enforcing the law in the community’s protection.’” Reasonable mistakes of fact are permissible. For example, when someone consents to the search of a home, the search will be considered valid even if the officer mistakenly believes that the person consenting is the owner.

Reasonable mistakes of law are also permissible. “Reasonable suspicion arises from the combination of an officer’s understanding of the facts and his understanding of the relevant law. The officer may be reasonably mistaken on either ground.” Even laws that police enforce that are later declared unconstitutional by a court does not rebut an officer’s reasonable assumption that the laws were valid at the time.

Heinen argued that there is no margin of error for an officer’s mistake of law. He argued the legal maxim: “Ignorance of the law is no excuse.” If persons cannot get out of trouble by claiming they were mistaken about the law, then neither can the police.

But the Court concluded the law protects against only “reasonable mistakes,” and therefore, “an officer can gain no Fourth Amendment advantage through a sloppy study of the laws he is duty-bound to enforce.” The Court further concluded Heinen’s reliance on the legal maxim is misplaced. A person cannot escape criminal liability by claiming he did not know the law, but neither can the government impose criminal liability by a mistaken understanding of the law. The Court explained:

If the law required two working brake lights, Heien could not escape a ticket by claiming he reasonably thought he needed only one; if the law required only one, Sergeant Darisse could not issue a valid ticket by claiming he reasonably thought drivers needed two. But just because mistakes of law cannot justify either the imposition or the avoidance of criminal liability, it does not follow that they cannot justify an investigatory stop.

In this case, Heien did not appeal his brake-light ticket. Instead, he appealed a cocaine-trafficking conviction, as to which he did not claim the police made either a mistake of fact or law.

My Court Experience, by Shaaliyah T. Lyons

Posted by Shaaliyah T. Lyons. 

Background:

On ­­­­one Saturday night around 11:00pm stopped at a light, I looked up and realized I was being pulled over on Central Ave., in East Orange New Jersey.  Already in the far-right lane, I moved over slightly to get out the way of traffic.  I turned the car off and my two friends and I immediately started trying to figure out why we were being pulled over.  Is it my tinted windows? Was I speeding? What is the speed limit? Did someone throw something out at the window?  All in all, no one was really sure what actually happened but we all assumed it was my tinted windows, which have caused controversy in past.

Finally, the officer comes to the car with her flashlight beaming in the passenger and back seat as her partner comes on the driver side.  First, she asked for my license and registration.  Out of curiosity I asked why was I being pulled over.  She was hesitant and asked for my license again, for me this was a red flag.  I asked again for her reasoning for pulling me over. She proceeded to give me two reasons, one being my tints and the other because I was speeding.  In response to my tinted windows, I quickly explained that according to NJ Tint laws it depends on the part of the car:

Windshield: No tint is allowed on the windshield.

Front Side windows: No tint can be applied legally to this window.

Back Side windows: Any darkness can be used.

Rear Window: Any darkness can be used.

Following this explanation, I showed her that my front windows were not tinted. In regards to the second the reason, I simply questioned what was the speed limit and how fast was I going.  It was at this moment in which friction arose between us.  She could not tell me how fast I was going but mentioned that she had to do 50mph to catch up to me. I gave her my information and waited for her to come back to the car.

As she walked back, her partner’s family member proceeded to pull up to the gas station next to where I was pulled over.  As I continue into the next part of the background of the incident, please keep in mind that the entire time her partner was not in the scene and conversing with his family member in the gas station.

When she came back, she explained that she had given me a careless driving ticket.  A careless driving ticket usually occurs after an accident or when someone is found to be carelessly driving and putting someone’s life in danger.  Her explanation went as follows, “Because I do not have a radar, I cannot give you a speeding ticket; therefore, I am going to issue you a careless driving ticket.” Here is when it gets confusing because at this point no one really knows if I was even speeding and if so how fast I was going.  My follow up question to her (before taking the ticket) was, “Just for clarification, because you cannot prove I was speeding, you have to give me another ticket (which is arguably worse than a speeding ticket)?” She did not answer the question. After a minute or so of going back and forth, she proceeded to aggressively place my tickets and paper work on my dash board.

My Court Appearances

A week after I received my ticket, I called the East Orange Municipal Court to go over my court date. From there, I was informed that the date on the ticket is not an accurate day; the court told me they would enter me as a not guilty plea and I was issued a new court date.  On my new court date, the first person I talked to was the prosecutor, who gave me the opportunity to plead guilty to the obstruction of traffic.  This was a fine under $100, no points on my license, and I wouldn’t have to be in court all day.  I declined this offer, as you can tell from my story, I was doing the opposite of obstructing traffic, I was in fact going with the flow of traffic.  When it was my time to speak to the judge, they realized that even though I previously pled not guilty, the officers involved were not notified.

The following week, I submitted a request for discovery regarding my case.  Almost a month later, I came to court prepared with the copy of my discovery request, my witness, as well as the facts of the case.  The facts of this case went as followed:

  1. A cop is not supposed to catch up to a car and proceed to pull them over; they are to pace behind them to have a gage of how fast they are going.A cop is not to place their hand on your property it can be considered trespassing on private property.

  2. As stated before, there are no laws against the tints on my car.

  3. In a 15 mile radius there is only one speed limit sign that is almost impossible to see at the time I was pulled over (brought in a picture).

  4. The officer could not prove that I was driving in a careless manner that could endanger others.

When I entered the court room, I was asked if I wanted to continue to plead not guilty.  I confirmed.  When it was my turn to speak to the judge, he issued me a new court date.  That is when I explained that this is my 2nd time and court and the officer has already been notified.

I motioned to dismiss this case due to lack of evidence against me, and he approved my motion and dismissed the case!  In the end, I did not have to pay any fine or have any points added to my license.

Shaaliyah is a sports management major with a certificate in entrepreneurial studies, at the Stillman School of Business, Seton Hall University, Class of 2017.

My Court Experience, by Shaaliyah T. Lyons

Posted by Shaaliyah T. Lyons. 

Background:

On ­­­­one Saturday night around 11:00pm stopped at a light, I looked up and realized I was being pulled over on Central Ave., in East Orange New Jersey.  Already in the far-right lane, I moved over slightly to get out the way of traffic.  I turned the car off and my two friends and I immediately started trying to figure out why we were being pulled over.  Is it my tinted windows? Was I speeding? What is the speed limit? Did someone throw something out at the window?  All in all, no one was really sure what actually happened but we all assumed it was my tinted windows, which have caused controversy in past.

Finally, the officer comes to the car with her flashlight beaming in the passenger and back seat as her partner comes on the driver side.  First, she asked for my license and registration.  Out of curiosity I asked why was I being pulled over.  She was hesitant and asked for my license again, for me this was a red flag.  I asked again for her reasoning for pulling me over. She proceeded to give me two reasons, one being my tints and the other because I was speeding.  In response to my tinted windows, I quickly explained that according to NJ Tint laws it depends on the part of the car:

Windshield: No tint is allowed on the windshield.

Front Side windows: No tint can be applied legally to this window.

Back Side windows: Any darkness can be used.

Rear Window: Any darkness can be used.

Following this explanation, I showed her that my front windows were not tinted. In regards to the second the reason, I simply questioned what was the speed limit and how fast was I going.  It was at this moment in which friction arose between us.  She could not tell me how fast I was going but mentioned that she had to do 50mph to catch up to me. I gave her my information and waited for her to come back to the car.

As she walked back, her partner’s family member proceeded to pull up to the gas station next to where I was pulled over.  As I continue into the next part of the background of the incident, please keep in mind that the entire time her partner was not in the scene and conversing with his family member in the gas station.

When she came back, she explained that she had given me a careless driving ticket.  A careless driving ticket usually occurs after an accident or when someone is found to be carelessly driving and putting someone’s life in danger.  Her explanation went as follows, “Because I do not have a radar, I cannot give you a speeding ticket; therefore, I am going to issue you a careless driving ticket.” Here is when it gets confusing because at this point no one really knows if I was even speeding and if so how fast I was going.  My follow up question to her (before taking the ticket) was, “Just for clarification, because you cannot prove I was speeding, you have to give me another ticket (which is arguably worse than a speeding ticket)?” She did not answer the question. After a minute or so of going back and forth, she proceeded to aggressively place my tickets and paper work on my dash board.

My Court Appearances

A week after I received my ticket, I called the East Orange Municipal Court to go over my court date. From there, I was informed that the date on the ticket is not an accurate day; the court told me they would enter me as a not guilty plea and I was issued a new court date.  On my new court date, the first person I talked to was the prosecutor, who gave me the opportunity to plead guilty to the obstruction of traffic.  This was a fine under $100, no points on my license, and I wouldn’t have to be in court all day.  I declined this offer, as you can tell from my story, I was doing the opposite of obstructing traffic, I was in fact going with the flow of traffic.  When it was my time to speak to the judge, they realized that even though I previously pled not guilty, the officers involved were not notified.

The following week, I submitted a request for discovery regarding my case.  Almost a month later, I came to court prepared with the copy of my discovery request, my witness, as well as the facts of the case.  The facts of this case went as followed:

  1. A cop is not supposed to catch up to a car and proceed to pull them over; they are to pace behind them to have a gage of how fast they are going.A cop is not to place their hand on your property it can be considered trespassing on private property.

  2. As stated before, there are no laws against the tints on my car.

  3. In a 15 mile radius there is only one speed limit sign that is almost impossible to see at the time I was pulled over (brought in a picture).

  4. The officer could not prove that I was driving in a careless manner that could endanger others.

When I entered the court room, I was asked if I wanted to continue to plead not guilty.  I confirmed.  When it was my turn to speak to the judge, he issued me a new court date.  That is when I explained that this is my 2nd time and court and the officer has already been notified.

I motioned to dismiss this case due to lack of evidence against me, and he approved my motion and dismissed the case!  In the end, I did not have to pay any fine or have any points added to my license.

Shaaliyah is a sports management major with a certificate in entrepreneurial studies, at the Stillman School of Business, Seton Hall University, Class of 2017.

Acceptance of Gifts by Public Officials

In class, students learn about bribery of public officials and its criminal penalties. Bribery can also be an ethics violation. Generally, public officials are prohibited from accepting gifts in relation to their official duties. Both federal and state governments have fashioned rules regarding acceptance of gifts and these rules can extend to family members.

In Section III of the New Jersey Uniform Ethics Code, for example, it states that no state officer or employee “shall accept any gift, favor, service or other thing of value related in any way to the State official’s public duties.” The same holds true for federal judges. Under the Regulations of the Judicial Conference of the United States under Title III of the Ethics Reform Act of 1989 Concerning Gifts, judges “shall not accept a gift from anyone who is seeking official action from or doing business with the court . . . .”

But there are exceptions to the rules and each one has to be carefully construed. Some, like the New Jersey Uniform Ethics Code, will permit certain “gifts or benefits of trivial or nominal value” as long as the gift “does not create an impression of a conflict of interest or a violation of the public trust.” Other codes may provide a dollar-limit. For example, the “Regulations” for federal judges above provide that gifts having “an aggregate market value of $50 or less per occasion” are permitted “provided that the aggregate market value of individual gifts accepted from any one person . . . shall not exceed $100 in a calendar year.”

Common sense is the foundation of these rules. If the gift has the appearance of impropriety, it is better to graciously decline it.

SCOTUS Declined to Hear Dispute Over Debit Card Fees

The United States Supreme Court has denied certiorari leaving in place a ruling by the D.C. Circuit that a fee cap set by the Federal Reserve Bank at $.24 per transaction. Each time a customer swipes his or her debit card, a retailer is charged the fee.

Retailers complained when the Fed appeared to be abusing Congress’ mandate to create a ceiling on debit card swipes. The Fed originally proposed a $.12 cap, but retailers claim it was under pressure by bank lobbyists to double that amount and include fees and expenses that are not permitted under law.

The D.C. Circuit rejected that argument and determined the Fed’s interpretation of the law was reasonable. “The Fed rule doesn’t apply to credit cards, government-issued debit cards, prepaid cards or cards issued by banks and credit unions with assets under $10 billion.” Retailers vowed to “continue to press the issue in the courts over the ‘anti-consumer and anti-competitive practices of the card industry.’”

Mihran Naltchayan Archives – Blog Business Law – a resource for business law students

Posted by Mihran Naltchayan.

Watching the news earlier, I heard a report that the juvenile ages among the states in the United States are all different. I always thought that any person eighteen or younger is considered a juvenile. That is a false assumption on my part.

In New York, Connecticut, and North Carolina, a juvenile is considered sixteen years or younger. I found this awkward because I don’t find people mature at age 16; I think after 18 years old juveniles should know between right and wrong and learn from it. In Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, South Carolina, Texas and Wisconsin, a juvenile is age 17 or less. Wyoming is the only state that has established the age of juveniles to be 19 or younger. (Juvenile Justice 1). Everyone matures at different rates, but the average age people start maturing, I believe, is 18 years old.

“Relying on age as a sole determinant for adulthood has been criticized by many criminologists and policy makers since individuals develop at different rates.” (Juvenile Justice 2). I guess these states come up with these juvenile ages because of the environment/life they live in, but I disagree. It should be after high school, which is usually over 18, that states should be consider a person to be an adult.

Mihran is a marketing major at Montclair State University, Class of 2016.

Posted by Mihran Naltchayan.

On January 16, 2012 around 1:30am, there was a burglary at a jewelry store named “Taline’s Jewelry” in Edgewater, NJ. Burglary is the breaking and entering into a building with the intent to commit a felony therein.

The jewelry store was arranged with a front display space, and the store next door was empty. The empty store is a big building that wrapped around the backend of the jewelry store. The “Ninja Bandit Burglary Crew” cut into a common wall of the empty store and entered the jewelry store from the backend so nobody can see them from the front side. This crew had three people. They didn’t realize that the walls had a vibration sensor that sends a quiet message to the Edgewater police department. So when the police officers arrived, they tried to run away.

“An Edgewater cop fired at least one shot at a thief who used a police cruiser as a getaway car, after a group of officers interrupted an overnight jewelry store break-in involving an alleged member of the infamous ‘Ninja Bandit’ burglary crew.” (Cliffviewpilot.com). The officers arrested 2 of the 3 people. They found the cop car in Teaneck, New Jersey 9:30 am the same day. The third guy wasn’t found.

The two men were brought to a Municipal Court judge in Edgewater and the judge ordered the defendants to be held on $50,000 bail each; they were charged with burglary, resisting arrest, criminal arrest and possession of burglar tools. (Cliffviewpilot.com).

I wrote about this article because this jewelry store is my father’s, and I thought it would be a good article to use for business law, since we cover criminal law in class.

Mihran is a marketing major at Montclair State University, Class of 2016.

My Court Experience, by Shaaliyah T. Lyons

Posted by Shaaliyah T. Lyons. 

Background:

On ­­­­one Saturday night around 11:00pm stopped at a light, I looked up and realized I was being pulled over on Central Ave., in East Orange New Jersey.  Already in the far-right lane, I moved over slightly to get out the way of traffic.  I turned the car off and my two friends and I immediately started trying to figure out why we were being pulled over.  Is it my tinted windows? Was I speeding? What is the speed limit? Did someone throw something out at the window?  All in all, no one was really sure what actually happened but we all assumed it was my tinted windows, which have caused controversy in past.

Finally, the officer comes to the car with her flashlight beaming in the passenger and back seat as her partner comes on the driver side.  First, she asked for my license and registration.  Out of curiosity I asked why was I being pulled over.  She was hesitant and asked for my license again, for me this was a red flag.  I asked again for her reasoning for pulling me over. She proceeded to give me two reasons, one being my tints and the other because I was speeding.  In response to my tinted windows, I quickly explained that according to NJ Tint laws it depends on the part of the car:

Windshield: No tint is allowed on the windshield.

Front Side windows: No tint can be applied legally to this window.

Back Side windows: Any darkness can be used.

Rear Window: Any darkness can be used.

Following this explanation, I showed her that my front windows were not tinted. In regards to the second the reason, I simply questioned what was the speed limit and how fast was I going.  It was at this moment in which friction arose between us.  She could not tell me how fast I was going but mentioned that she had to do 50mph to catch up to me. I gave her my information and waited for her to come back to the car.

As she walked back, her partner’s family member proceeded to pull up to the gas station next to where I was pulled over.  As I continue into the next part of the background of the incident, please keep in mind that the entire time her partner was not in the scene and conversing with his family member in the gas station.

When she came back, she explained that she had given me a careless driving ticket.  A careless driving ticket usually occurs after an accident or when someone is found to be carelessly driving and putting someone’s life in danger.  Her explanation went as follows, “Because I do not have a radar, I cannot give you a speeding ticket; therefore, I am going to issue you a careless driving ticket.” Here is when it gets confusing because at this point no one really knows if I was even speeding and if so how fast I was going.  My follow up question to her (before taking the ticket) was, “Just for clarification, because you cannot prove I was speeding, you have to give me another ticket (which is arguably worse than a speeding ticket)?” She did not answer the question. After a minute or so of going back and forth, she proceeded to aggressively place my tickets and paper work on my dash board.

My Court Appearances

A week after I received my ticket, I called the East Orange Municipal Court to go over my court date. From there, I was informed that the date on the ticket is not an accurate day; the court told me they would enter me as a not guilty plea and I was issued a new court date.  On my new court date, the first person I talked to was the prosecutor, who gave me the opportunity to plead guilty to the obstruction of traffic.  This was a fine under $100, no points on my license, and I wouldn’t have to be in court all day.  I declined this offer, as you can tell from my story, I was doing the opposite of obstructing traffic, I was in fact going with the flow of traffic.  When it was my time to speak to the judge, they realized that even though I previously pled not guilty, the officers involved were not notified.

The following week, I submitted a request for discovery regarding my case.  Almost a month later, I came to court prepared with the copy of my discovery request, my witness, as well as the facts of the case.  The facts of this case went as followed:

  1. A cop is not supposed to catch up to a car and proceed to pull them over; they are to pace behind them to have a gage of how fast they are going.A cop is not to place their hand on your property it can be considered trespassing on private property.

  2. As stated before, there are no laws against the tints on my car.

  3. In a 15 mile radius there is only one speed limit sign that is almost impossible to see at the time I was pulled over (brought in a picture).

  4. The officer could not prove that I was driving in a careless manner that could endanger others.

When I entered the court room, I was asked if I wanted to continue to plead not guilty.  I confirmed.  When it was my turn to speak to the judge, he issued me a new court date.  That is when I explained that this is my 2nd time and court and the officer has already been notified.

I motioned to dismiss this case due to lack of evidence against me, and he approved my motion and dismissed the case!  In the end, I did not have to pay any fine or have any points added to my license.

Shaaliyah is a sports management major with a certificate in entrepreneurial studies, at the Stillman School of Business, Seton Hall University, Class of 2017.

My Court Experience, by Shaaliyah T. Lyons

Posted by Shaaliyah T. Lyons. 

Background:

On ­­­­one Saturday night around 11:00pm stopped at a light, I looked up and realized I was being pulled over on Central Ave., in East Orange New Jersey.  Already in the far-right lane, I moved over slightly to get out the way of traffic.  I turned the car off and my two friends and I immediately started trying to figure out why we were being pulled over.  Is it my tinted windows? Was I speeding? What is the speed limit? Did someone throw something out at the window?  All in all, no one was really sure what actually happened but we all assumed it was my tinted windows, which have caused controversy in past.

Finally, the officer comes to the car with her flashlight beaming in the passenger and back seat as her partner comes on the driver side.  First, she asked for my license and registration.  Out of curiosity I asked why was I being pulled over.  She was hesitant and asked for my license again, for me this was a red flag.  I asked again for her reasoning for pulling me over. She proceeded to give me two reasons, one being my tints and the other because I was speeding.  In response to my tinted windows, I quickly explained that according to NJ Tint laws it depends on the part of the car:

Windshield: No tint is allowed on the windshield.

Front Side windows: No tint can be applied legally to this window.

Back Side windows: Any darkness can be used.

Rear Window: Any darkness can be used.

Following this explanation, I showed her that my front windows were not tinted. In regards to the second the reason, I simply questioned what was the speed limit and how fast was I going.  It was at this moment in which friction arose between us.  She could not tell me how fast I was going but mentioned that she had to do 50mph to catch up to me. I gave her my information and waited for her to come back to the car.

As she walked back, her partner’s family member proceeded to pull up to the gas station next to where I was pulled over.  As I continue into the next part of the background of the incident, please keep in mind that the entire time her partner was not in the scene and conversing with his family member in the gas station.

When she came back, she explained that she had given me a careless driving ticket.  A careless driving ticket usually occurs after an accident or when someone is found to be carelessly driving and putting someone’s life in danger.  Her explanation went as follows, “Because I do not have a radar, I cannot give you a speeding ticket; therefore, I am going to issue you a careless driving ticket.” Here is when it gets confusing because at this point no one really knows if I was even speeding and if so how fast I was going.  My follow up question to her (before taking the ticket) was, “Just for clarification, because you cannot prove I was speeding, you have to give me another ticket (which is arguably worse than a speeding ticket)?” She did not answer the question. After a minute or so of going back and forth, she proceeded to aggressively place my tickets and paper work on my dash board.

My Court Appearances

A week after I received my ticket, I called the East Orange Municipal Court to go over my court date. From there, I was informed that the date on the ticket is not an accurate day; the court told me they would enter me as a not guilty plea and I was issued a new court date.  On my new court date, the first person I talked to was the prosecutor, who gave me the opportunity to plead guilty to the obstruction of traffic.  This was a fine under $100, no points on my license, and I wouldn’t have to be in court all day.  I declined this offer, as you can tell from my story, I was doing the opposite of obstructing traffic, I was in fact going with the flow of traffic.  When it was my time to speak to the judge, they realized that even though I previously pled not guilty, the officers involved were not notified.

The following week, I submitted a request for discovery regarding my case.  Almost a month later, I came to court prepared with the copy of my discovery request, my witness, as well as the facts of the case.  The facts of this case went as followed:

  1. A cop is not supposed to catch up to a car and proceed to pull them over; they are to pace behind them to have a gage of how fast they are going.A cop is not to place their hand on your property it can be considered trespassing on private property.

  2. As stated before, there are no laws against the tints on my car.

  3. In a 15 mile radius there is only one speed limit sign that is almost impossible to see at the time I was pulled over (brought in a picture).

  4. The officer could not prove that I was driving in a careless manner that could endanger others.

When I entered the court room, I was asked if I wanted to continue to plead not guilty.  I confirmed.  When it was my turn to speak to the judge, he issued me a new court date.  That is when I explained that this is my 2nd time and court and the officer has already been notified.

I motioned to dismiss this case due to lack of evidence against me, and he approved my motion and dismissed the case!  In the end, I did not have to pay any fine or have any points added to my license.

Shaaliyah is a sports management major with a certificate in entrepreneurial studies, at the Stillman School of Business, Seton Hall University, Class of 2017.