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We have just had several suppression hearings based upon Transportation Code 545.104(b). A vehicle "shall signal continuously for not less than the last 100 feet of movement of the vehicle before the turn." The officers testify that they can see that the blinker was not initiated until after the vehicle crossed that 100ft threshold. However, the defense attorneys have successfully pointed out that the video of the same violation is not clear. Does anyone have a video or other illustrations that demonstrate the superiority of the human eye vs. a camera? | ||
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Member |
Not a video or chart, but an example to argue: "There are hundreds of thousands of professional pictures and videos of the Grand Canyon, but not until you actually see it with your own eye do you know what it looks like." | |||
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Not to mention the point in a suppression hearing is whether the officer had reasonable suspicion, not whether it can be proved 100% afterwards. There's a reason for the different standards. The video is relevant to the judge's determination of the officer's credibility, but it's not independent evidence that the officer didn't haven't reasonable suspicion. | |||
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