You might remember Cecelia Abadie, the Temecula woman who was cited for violating California’s mobile device law after she blew past CHP officer Keith Odle at 85 MPH in the right lane with her Toyota Prius.
That seems like clear evidence of impairment, right? Odle thought so, especially after she became argumentative when he lectured her to be careful when using Google Glass while driving.
San Diego County Traffic Commissioner John Blair disagrees, saying that Odle couldn’t know if Abadie was impaired by the Google Glass device. There’s reasonable doubt, so he threw out the ticket. Remember, Abadie passed to the right of Odle’s clearly marked black and white CHP vehicle. How can you miss that unless your focus is elsewhere?
Blair also dismissed the speeding ticket.
After she was cited but before the trial, Abadie continued to show gross disregard for safety by shooting photos while driving. When the odds finally catch up to her and she kills somebody, no doubt she’ll say how devastated she is and her express her remorse and then get off with the $100 fine for violating CVC 21453. Do you think she saw the pedestrian on the sidewalk as she shot this photo while driving to the airport?
This is the same court where Commissioner Larry Jones routinely bends over backwards to uphold citations written by San Diego Sheriff Deputies for traffic laws that do not exist. San Diego cyclists who are harassed with tickets by the Sheriff’s office are now advised to procedurally refuse to sign the stipulation to allow the commissioner to hear the trial. Then you will be sent to a court room with an elected judge.
You have a constitutional right to a judge (instead of a commissioner) when deciding contested issues of law or fact. These must be filed as soon as possible when you’re first assigned at arraignment to a particular commissioner or judge. Ask the name.