After my client was found guilty of Reckless Driving in the Surry General District Court, he immediately Appealed his conviction and sought out my services. We had represented him in the past so he was well aware that we could handle his case and address his concerns.
I went over the facts of his case with him in my office, and once again a few days before we were to be in Court. I knew the facts of his case forwards and backwards and since he was the only one in the car, I did not have to worry about subpoenaing anyone or having anyone show up as a surprise Prosecution witness.
We appeared in the Surry Circuit Court ready to present our facts. Just by happenstance, I decided to go check the Court’s file to see if the Trooper had filed his radar calibration with the Court. There was nothing in the Circuit Court, which isn’t surprising; however, in the General District Court file, I did come across the Trooper’s calibration. However, a true notarized calibration was suppose to be filed, but the calibration in the Court’s file was not a true notarized calibration. It appeared that a copy of the Trooper’s signature was actually notarized, which made the document invalid.
Once I brought this to the attention of the Commonwealth Attorney, there was no other option but for them to Dismiss my client’s case. Sometimes it is better to be lucky and than good. It is the extra effort that can make the biggest difference. These are the things that only a few ever check and most people don’t even know about.
Life is a Gamble, But Don’t Leave Legal Issues to Chance!