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Justice is served: well fried and in a paper envelope.
The decision of a Connecticut judge solved a legal dilemma that baffled some and left others hungry: could a police officer divert a McDonald's hash with a cell phone?
In the case of Jason Stiber, the answer is "yes". He was found innocent Friday after challenging the USD 300 notification. for reckless driving that he received last year.
"It was the case of the century"Stiber's lawyer, John Thygerson, said with a smile. "He was happy enough, obviously he was happy enough."
Stiber's victory comes nearly 13 months after a Westport police officer arrested him after claiming he saw the 45-year-old man talking on the phone the morning of April 11th. Stiber, who went to court himself, he lost the case last year but he refused to surrender – in the conversation on Friday with the Washington Post He claimed to have spent a "significant" sum to hire Thygerson and prove that he was not talking on the phone.
Your will badume the costs of the lawyer This exceeds the cost of the ticket, it is a matter of principle, he added.
"Driver distraction offenses are in your file, and they never happened," Stiber said in an interview. "In addition, many people do not realize that the price of your insurance increases"
In February, Westport police officer, Shawn Wong Won, stated that he "clearly" saw Stiber talking on a black cell phone driving that morning, reported l & # 39; Time then. Wong Won said in court seeing Stiber hold a bright object the size of a phone at the height of the face while moving the lips.
Thygerson refuted this badertion, explaining that Stiber's lip movement was "caused by the chewing" of hash brown I had ordered in previous times at McDonald's. The phone records show that Stiber did not have a conversation at the time of his arrest, Thygerson said. Your customer's car has also Bluetooth technology it allows you to talk without having to hold your phone.
To reinforce his defense, Stiber said that he had filed a petition under the Freedom of Information Act to obtain documents proving that Wong Won was at the 15th hour of the day. a double shift of 16 hours when he stopped Stiber; another reason why the agent could confuse the fried potato with a mobile phone.
In the end, the judge concluded Friday that the state could not bear the burden of proof, citing a lack of evidence to confirm that Stiber actually spoke on the phone at the time of his arrest. The post office He reviewed a copy of the decision, in which the judge cited a case in court involving another Connecticut driver who had been found innocent in 2016 after being arrested for using his phone.
"It just proves that the police – there's nothing malicious about it – but The police are human and make mistakes. That's it, "said Thygerson.
The Westport police did not immediately respond to a request for information on Friday afternoon.
Stiber is relieved by the verdict, but says the efforts he made to defend himself are a good illustration a major problem in the justice system. He had to do two trials, lose four days of work and pay a lawyer for the desired result, careful measures that he believes no one should force others to take.
"That's why I did it, because I've I did not want anyone else going through there"He said." Other people do not have the same means to defend themselves. "
It remains to be seen whether the case of Stiber will establish a new precedent in future trials. However, he acknowledged that all these tribulations had made him think twice before eating a hash brown.
"I'm definitely I have not eaten as much as before, but I always go to McDonald's for other things, "he said. It was a difficult experience, but I would prefer to avoid problems in the future.
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