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In cross examination I can possibly trip the officer up. One of my favorite cases was when
an officer who typically testifies well - I was objecting to things that he...he...I was
objecting to things that I knew would probably not be sustained by the judge. The officer
was having trouble laying the proper foundation and I would object every time he said the
speed because he didn't lay the proper foundation and the judge was sustaining all of the objections.
By the time the officer was done testifying, his testimony was that my client was driving
82 miles per hour, but in an 82 mile per hour zone. So after his testimony the judge looked
at me and said "Mr. Athen, do you have any questions of the officer?" and I looked at
my notes to make sure I wrote down what I thought I heard, looked at the officer and
said, "No Your Honor I don't think I do" I said, " I believe the testimony before the
court is my client was driving 82 miles per hour" and the officer he finally got that
in "but in a 82 mile per hour zone. Now I don't know where an 82 mile per hour speed
limit is in the state of Maryland 65 is the highest but the State's evidence is my client
was driving the speed limit, Therefore it should be a judgment of a acquittal or not
guilty." And the judge kinda laughed and looked at the...the officer and said, "Officer, where
exactly is this stretch of road again because I want to go drive on it?" and proceeded to
give me the not guilty for the case.