San Andreas Judicial Branch [SAJB] Appeals Court "HERE FOR YOU | SAFE FOR YOU" |
Personal Information:
DEFENDANTS NAME: Josh Wealthmeer
DEFENDANTS PHONE: 5242489
DEFENDANTS ADDRESS: N/A
ATTORNEY NAME: Need one appointed, If Letov is available I would like him to represent myself.
ATTORNEY PHONE: N/A
DEFENDANTS PHONE: 5242489
DEFENDANTS ADDRESS: N/A
ATTORNEY NAME: Need one appointed, If Letov is available I would like him to represent myself.
ATTORNEY PHONE: N/A
General Information:
OFFICERS NAME: (N/A If Unknown) Jason Steel, Couch, Fury something
RANK: (N/A If Unknown) Captain, PO 3, Unknown
BADGE NUMBER: 6520, Unknown, 7340
ATTORNEY NAME: Dont know, dont care
ATTORNEY PHONE: N/A
RANK: (N/A If Unknown) Captain, PO 3, Unknown
BADGE NUMBER: 6520, Unknown, 7340
ATTORNEY NAME: Dont know, dont care
ATTORNEY PHONE: N/A
Incident Information:
DATE AND TIME OF INCIDENT(s):
CHARGES BEING APPEALED:
Distracted Driving
Face Concealment
Unlicensed Firearm
DEFENDANTS STORY/OPENING STATEMENTS: (any evidence attached must pertain to or somehow involve the situation)
This first section is a copy and past from the IA I submited, outlining the start to finish from the situation
"I was driving the speed limit. I dont have big enough pockets in my suit so I had to hold my phone in my hand as I was driving. When I slowed down near a light I used my phone to scratch my face. At this point I see a PD car do an illegal u-turn then sit between two lanes. I then call it out then go back to driving once the light turned green. At this point I notice the car following me with no lights. I then stop and get off my bike to ask why I was being followed. Jason steel then said "you are under arrest put you hands up. This is when I start to record. I was told Im being arrested for "Distracted driving" Even though I was not distracted and followed all driving laws and even stopped at the light while they made an illegal u-turn and stopped between two lanes. I was then placed in cuffs when he told another officer to "Search" my vehicle. I asked him why and he stated it was used in a crime. They then started to back and forth antagonize me by yelling in my ear and constantly saying I was resisting. I was then arrested and charged with face concealment. I dont know how I got the face concealment charge when I was never asked to remove it and that I was wearing it because I was driving a motorcycle. I then was arrested and sent to DOC with my license suspended. At this point fury denied me my phone call when I asked to talk with a lawyer and said "Add that to your IA". All this was because I scratched my face with my phone, and I still dont know why 1 my vehicle was searched and 2 why I was charged with face concealment when it has nothing to do with the situation."
Now for the appeals section and why I think each charge is invalid
Distracted driving -
As I started inside the IA my jackets pockets are not big enough and it was to cold that night to get a different jacket. I was making a small trip from Legion Square to Central to receive medical treatment. I was forced to keep my phone in my hand. I approached a light and used my phone to scratch myself. The officer asked 0 questions about what I was using my phone for and did 0 investigation. I was not distracted to the point I was able to notice the cop car turning around to follow me while I sat at the red light. They established no distracted driving and according to the charged "engaging in an activity which distracts the driver from driving safely." Which I was driving safely. I followed the speed limit and stopped at the red light so I don't see why I was charged for this.
Unlicensed Firearm -
I cant dismiss the fact I had a firearm on me but given the situation I feel the forced search of my vehicle has 0 probable cause as no investigation took place so the charge should be tossed solely on the fact it was an illegal search.
Face Concealment -
This one I have a major issue with. I was wearing the mask for fashion and health reasons. 1 I wore it for my outfit and 2 I was was driving a bike and was using the mask for protect my face from the elements. It was night and we are getting closer and closer to winter meaning it cold outside.
According to the commissioners announcement "As GC06 states in its subsection B) "a general citation if the face obstruction is not removed upon request by a Law Enforcement officer, and if not committed in relation to a crime"
This implies the citation is only valid if face obstruction is not removed upon request by Law Enforcement. Therefore no one should be receiving a citation provided they're cooperative and identify with an officer." I was never asked to remove my mask nor was it used to commit a crime. So this charge makes 0 sense besides the fact of putting my away in prison for even longer.
Signed,
Josh Wealthmeer
CHARGES BEING APPEALED:
Distracted Driving
Face Concealment
Unlicensed Firearm
DEFENDANTS STORY/OPENING STATEMENTS: (any evidence attached must pertain to or somehow involve the situation)
This first section is a copy and past from the IA I submited, outlining the start to finish from the situation
"I was driving the speed limit. I dont have big enough pockets in my suit so I had to hold my phone in my hand as I was driving. When I slowed down near a light I used my phone to scratch my face. At this point I see a PD car do an illegal u-turn then sit between two lanes. I then call it out then go back to driving once the light turned green. At this point I notice the car following me with no lights. I then stop and get off my bike to ask why I was being followed. Jason steel then said "you are under arrest put you hands up. This is when I start to record. I was told Im being arrested for "Distracted driving" Even though I was not distracted and followed all driving laws and even stopped at the light while they made an illegal u-turn and stopped between two lanes. I was then placed in cuffs when he told another officer to "Search" my vehicle. I asked him why and he stated it was used in a crime. They then started to back and forth antagonize me by yelling in my ear and constantly saying I was resisting. I was then arrested and charged with face concealment. I dont know how I got the face concealment charge when I was never asked to remove it and that I was wearing it because I was driving a motorcycle. I then was arrested and sent to DOC with my license suspended. At this point fury denied me my phone call when I asked to talk with a lawyer and said "Add that to your IA". All this was because I scratched my face with my phone, and I still dont know why 1 my vehicle was searched and 2 why I was charged with face concealment when it has nothing to do with the situation."
Now for the appeals section and why I think each charge is invalid
Distracted driving -
As I started inside the IA my jackets pockets are not big enough and it was to cold that night to get a different jacket. I was making a small trip from Legion Square to Central to receive medical treatment. I was forced to keep my phone in my hand. I approached a light and used my phone to scratch myself. The officer asked 0 questions about what I was using my phone for and did 0 investigation. I was not distracted to the point I was able to notice the cop car turning around to follow me while I sat at the red light. They established no distracted driving and according to the charged "engaging in an activity which distracts the driver from driving safely." Which I was driving safely. I followed the speed limit and stopped at the red light so I don't see why I was charged for this.
Unlicensed Firearm -
I cant dismiss the fact I had a firearm on me but given the situation I feel the forced search of my vehicle has 0 probable cause as no investigation took place so the charge should be tossed solely on the fact it was an illegal search.
Face Concealment -
This one I have a major issue with. I was wearing the mask for fashion and health reasons. 1 I wore it for my outfit and 2 I was was driving a bike and was using the mask for protect my face from the elements. It was night and we are getting closer and closer to winter meaning it cold outside.
According to the commissioners announcement "As GC06 states in its subsection B) "a general citation if the face obstruction is not removed upon request by a Law Enforcement officer, and if not committed in relation to a crime"
This implies the citation is only valid if face obstruction is not removed upon request by Law Enforcement. Therefore no one should be receiving a citation provided they're cooperative and identify with an officer." I was never asked to remove my mask nor was it used to commit a crime. So this charge makes 0 sense besides the fact of putting my away in prison for even longer.
Signed,
Josh Wealthmeer