#42 Sorry, Bud, That’s Not Remotely Possible
I was in traffic court one time and saw a lawyer straight-up end a cop with words. The cop had previously testified that the weather on the night of the traffic stop was heavy rain and winds so strong that the defendant could only open his window three inches, and that the car had stopped on an area with very little shoulder, forcing the cop to approach from the passenger side, not the driver side.
The cop had then testified that he smelled a strong smell of drinks on the defendant’s breath. When the defense lawyer got up, he repeated what the cop had said almost verbatim and asked how he could have possibly smelled the breath of someone on the other side of the car, through a three inch crack in the window, on a night with pouring rain and strong winds.
The cop sort of opened and shut his mouth a few times. Then he squirmed around in his seat, and said, “That’s just what I always write in my log, to remind me that it was a DUI stop.” The judge threw the case out. No motion to dismiss needed. Then, he took a break and called the traffic prosecutor and the cop into his office. I’m guessing it wasn’t for a nice spot of tea and some scones.
Credit: hendergle
