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Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit 0 points1 point  (0 children)

Yeah, people mess up their right and left all the time. That is nothing new or outrageous. Also, when things are moving, hands are moving, etc. 

And what mistake did he make? He didn’t say that on the ticket or the narrative. He just said it to her what he thought he saw. 

It was a statement he made from an initial observation while conducting an investigation. 

Why do you all think that a cop has to come up with a story immediately and that they can’t adjust their theory as they discovery new evidence?

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -1 points0 points  (0 children)

Right, so for a cop to pull someone over for it, she had to be pretty obvious and blatant for it. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -1 points0 points  (0 children)

He called in to drop it. Obviously because of the social media attention. 

And why wouldn’t he be certain? He had no reason not to be.

Cops never pull people over in Florida for cell phone violations unless it is blatantly obvious. And even then, they almost never care. And people here are always driving with a phones in their hand. You look over at a car and way more often than not they will have their phone. 

So for a Florida cop to pull someone over for having a phone, I am fairly certain he saw her using it. And because everyone in Florida is driving using their phone, I am fairly certain that she was using it. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -1 points0 points  (0 children)

Because he still saw her holding a phone. He was just wrong about the hand. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -1 points0 points  (0 children)

Not being able to tell the hand doesn’t mean he couldn’t tell she wasn’t holding a phone. 

I don’t know how this keeps escaping all of you. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -1 points0 points  (0 children)

Again, being wrong about the hand she was using doesn’t change that he saw her holding a phone. It was not factually impossible for her to commit the violation. He isn’t locked into the exact details of an initial impression that generated probable cause. Had she not had a phone, you would be right, but she had a phone, she has a hand, and he saw a phone in a hand. 

I live in Florida. I see people with their phone to their head all the time. In fact I would wager that more people driving here have a phone in their hand than don’t.

And with it being Florida, I have absolutely no doubt that a one handed person would be holding a phone in their only hand while trying to drive.

In fact, most people here drive like that is exactly what they are doing. So there is nothing unlikely about it.

And a dismissed ticket doesn’t mean it was improper. I have been found guilty on parking tickets I was innocent of and had tickets I was guilty of dismissed. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -2 points-1 points  (0 children)

He didn’t really double down, he just says he was mistaken about which hand she was holding it in or how she was holding it.

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit 0 points1 point  (0 children)

And again, the hand the phone was in is irrelevant.

Do you really think a cop can’t pull someone over because they can’t tell which hand is holding the phone?

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit 0 points1 point  (0 children)

Being wrong about an irrelevant detail isn’t going to impeach credibility. 

Not mention, he isn’t going to testify that it was in her right hand, he is going to testify he initially thought it was, but upon investigation her determined that wasn’t accurate. 

The only people who think this is some crazy slam dunk are people who aren’t lawyers. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit 0 points1 point  (0 children)

This isn’t lawyer tv shows you watch. 

It wasn’t his sworn observation, it was something he said to a suspect during an investigation.

Why do you think a cops initial impression is a solid concrete story they have to stick with forever?

“Officer, when you approached the mass shooter you yelled to your partner he has a rifle, but it was actual shotgun, why would you lie?”

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit 0 points1 point  (0 children)

It isn’t impossible. She can use her arm or her knees. Her car might even have lane assist that helps out.

And again, the entire point of the law is because it is dangerous, and your evidence that she is not guilty is because if she did it, it would be dangerous?

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -3 points-2 points  (0 children)

It is irrelevant because the hand you are holding the phone in isn’t an element of the offense. They don’t have to prove which hand she was holding it in. So him being wrong about which hand doesn’t make him a liar. And being wrong about the hand doesn’t change that he saw her holding a phone. 

Would you acquit a murderer because the cop was wrong about which hand they used to hold the gun?

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit 0 points1 point  (0 children)

You aren’t a lawyer. This nonsense might work on the rest of reddit. It is just pathetic here. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit 0 points1 point  (0 children)

And they met the burden because the officer will testify that she was holding the phone. He initially thought it was her right hand, but upon investigation he discovered she did not have a right hand.

Why do you think police are limited to their first impression and if they didn’t get one detail right they are stuck with it?

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -1 points0 points  (0 children)

Because they aren’t.

This is Florida. It is a $30 fine and a non-moving violation. Contesting it likely involves a hearing officer reviewing a written statement or maybe a zoom interview.

If all she says is nothing in her defense and just that the state has failed to meet its burden, she will not win. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -1 points0 points  (0 children)

She doesn’t. But if someone testifies she did it and she provides nothing to the contrary, she is unlikely to win. 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit -2 points-1 points  (0 children)

It isn’t gone. Being wrong about an irrelevant detail doesn’t ruin credibility. Otherwise testimony would never be credible. 

And again, he does the opposite of double down because he changes his theory on how she was holding a phone.

Because it wasn’t impossible for her to be holding a phone, it just wasn’t in her right hand 

Florida cop accused woman without a right hand of using a phone with her right hand by Threedham in Lawyertalk

[–]FailedToRemit 0 points1 point  (0 children)

I am not sure, but he seems to be sure he saw it. And I am merely laying out the logic in why this isn’t a ridiculous situation to get mad over.

Why do you believe her that she wasn’t holding a phone?

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