I would appreciate any help or advice in writing an opening brief, including laws that would support my appeal.
I am appealing a guitly verdict for child passenger restraint violation because there was no substantial evidence against me and my account of what actually happened was not taken into consideration by the judge but instead it was the case of the police officer's words against mine.
a.) The police officer told the court that the photos I presented were incorrect that the car seat was located on the left side of the passenger seat and that my daughter was seating on the right passenger seat side without a seat belt when he saw her but acknowledged that when he pulled us over my six year old daughter was seat belted in her car seat at the left passenger side of the car which he couldn't account for other than implying that I asked my 6 year old daughter to move from the right passenger seat side, climb on her car seat which was supposedly on the left side and put her own seat belt.
Facts of the case:
(1 ) The photos I presented to the court which was taken the day of the citation clearly indicated that the child car seat was on the right passenger seat side. Furthermore I presented three pictures:
a.) one photo showing my daughter looking out at the window at the right passenger seat side of the car but the car seat is not so visible from someone whose looking from outside
b.) another photo showing my daughter looking out at the window at the right passenger seat side of the car seat belted and with her car seat more visible from someone whose looking from outside (close up picture)
c.) another photo with the car door open showing my daughter seat belted in her car seat at the right passenger seat side of the car
(2.) The reason that the police officer saw us in the first place was because I told my daughter to waved at him as we were passing by (he was finishing giving a citation to another driver at that time) and I would have not done so to the point that my daughter could so clearly visible to the police if I wasn't so confident that she was seat belted and was in her car seat. I am so sure about it because I helped her put on her seat belt in her car seat before we drove away from her ballet class. I even told the police officer the same thing during the time he stopped me and he made no comment at that time.
(3.) The distance from my daughter's ballet class to where the police officer saw us and to where I pulled over was less than 1 or 2 minutes away - there is no way a six year kid could move from the right passenger seat to the left passenger seat side, got on her car seat and put on a seat belt all by herself in in that timeframe which was what the police officer had implied in the court.
(4.) The police officer did not state to the court that he saw my daughter move from right to left passenger seat side of the car considering he was just right behind us. He should have seen her head movement if that was the case and would have stated so clearly in the court but instead he was surprised to see my daughter with her seat belt on and in her car seat when he pulled us over.
(5.) There is no reason for my six year old daughter to take out her seat belt at any point because the distance of her ballet class from our house is less than 3 minutes away and would be very scared to do so because of our family policy about seat belts and car seats.
(6.) My daughter's car seat has always been placed on the right passenger seat for the following reasons:
a. It would be easier for her to get out of the car during school drop off every morning during school days. I am sure if you asked any parent that drops off their kids at school, the car seat is always situated at the right side of the passenger seat for convenience.
b. It is easier for me or my husband to see her while driving without having to turn around.
I would be the first to acknowledge guilt if I was guilty of not making sure that my child doesn't have seat belt and would never ask my daughter to lie under any circumstances.
I am appealing because I feel that the judge was prejudice because there was no substantial evidence against me and I have ample evidence to prove that my daughter was seat belted and in her car seat.
Thank you for your help.
CS
I am appealing a guitly verdict for child passenger restraint violation because there was no substantial evidence against me and my account of what actually happened was not taken into consideration by the judge but instead it was the case of the police officer's words against mine.
a.) The police officer told the court that the photos I presented were incorrect that the car seat was located on the left side of the passenger seat and that my daughter was seating on the right passenger seat side without a seat belt when he saw her but acknowledged that when he pulled us over my six year old daughter was seat belted in her car seat at the left passenger side of the car which he couldn't account for other than implying that I asked my 6 year old daughter to move from the right passenger seat side, climb on her car seat which was supposedly on the left side and put her own seat belt.
Facts of the case:
(1 ) The photos I presented to the court which was taken the day of the citation clearly indicated that the child car seat was on the right passenger seat side. Furthermore I presented three pictures:
a.) one photo showing my daughter looking out at the window at the right passenger seat side of the car but the car seat is not so visible from someone whose looking from outside
b.) another photo showing my daughter looking out at the window at the right passenger seat side of the car seat belted and with her car seat more visible from someone whose looking from outside (close up picture)
c.) another photo with the car door open showing my daughter seat belted in her car seat at the right passenger seat side of the car
(2.) The reason that the police officer saw us in the first place was because I told my daughter to waved at him as we were passing by (he was finishing giving a citation to another driver at that time) and I would have not done so to the point that my daughter could so clearly visible to the police if I wasn't so confident that she was seat belted and was in her car seat. I am so sure about it because I helped her put on her seat belt in her car seat before we drove away from her ballet class. I even told the police officer the same thing during the time he stopped me and he made no comment at that time.
(3.) The distance from my daughter's ballet class to where the police officer saw us and to where I pulled over was less than 1 or 2 minutes away - there is no way a six year kid could move from the right passenger seat to the left passenger seat side, got on her car seat and put on a seat belt all by herself in in that timeframe which was what the police officer had implied in the court.
(4.) The police officer did not state to the court that he saw my daughter move from right to left passenger seat side of the car considering he was just right behind us. He should have seen her head movement if that was the case and would have stated so clearly in the court but instead he was surprised to see my daughter with her seat belt on and in her car seat when he pulled us over.
(5.) There is no reason for my six year old daughter to take out her seat belt at any point because the distance of her ballet class from our house is less than 3 minutes away and would be very scared to do so because of our family policy about seat belts and car seats.
(6.) My daughter's car seat has always been placed on the right passenger seat for the following reasons:
a. It would be easier for her to get out of the car during school drop off every morning during school days. I am sure if you asked any parent that drops off their kids at school, the car seat is always situated at the right side of the passenger seat for convenience.
b. It is easier for me or my husband to see her while driving without having to turn around.
I would be the first to acknowledge guilt if I was guilty of not making sure that my child doesn't have seat belt and would never ask my daughter to lie under any circumstances.
I am appealing because I feel that the judge was prejudice because there was no substantial evidence against me and I have ample evidence to prove that my daughter was seat belted and in her car seat.
Thank you for your help.
CS
