Tuesday, December 2, 2008

Burden of Proof

Two months ago Bob was run off the road by another driver. The car rolled, my man got broken, the other driver didn't stop, months of medical fun ensued... but you know all of that. What you don't know is that, a week after the accident, a letter arrived from the State Patrol and in that letter was a ticket. A ticket for "speed unsafe for conditions". Not speeding, he was travelling at the speed of traffic, but unsafe driving based on the interview the officer did at the hospital while Bob was heavily sedated. I'm surprised he wasn't cited for being under the influence of a mind altering substance... the whole situation was just wrong. Poor Bob. He has always enjoyed driving and he is a safe driver. Only two accidents in almost thirty years of driving and the first one was a fender bender twenty years ago. But in an instant so much was taken from him. His health, his confidence and a car he loved... so that little yellow slip of paper that said the accident was his fault was more than an insult.

Today he had his day in court to contest the ticket. He was well prepared with graphs showing the path the car took, a witness, and twenty seven eight-by-ten colour glossy pictures with circles and arrows and a paragraph on the back of each one* (ok.. maybe not that). My point is that the man was prepared to stand before the judge and argue his case. He didn't have to work very hard to convince her though. The officer did not come to court but he sent a five line narrative. The judge read this statement aloud, listened to Bob's testimony and Ian's testimony, and then said some of the nicest judicial words I've ever heard... "The officer has failed to provide significant evidence that a violation occurred" and she dismissed the case.


So at least this one little issue has been completely resolved. It won't make Bob's neck hurt less, or take the place of his ever present knee brace, but in a small way I think this small victory makes him feel better. Ultimately it's small victories, a few hours without the neck brace, walking the dog, getting down on one knee and getting back up again, that will lead to complete recovery.

Today, we are happy.

* Does anyone remember Arlo Guthrie?

10 comments:

Leeann said...

And today, I celebrate with you!

Big hugs to Bob. He has been through it.

B2 C2 2009 said...

I am not sure which leaves me with more awe...

that those we entrust with our safety can perceive it so wrong and, thankfully, others judge it so right,

or....

that you continue to surprise me with some of the best lyrics ever written! (please tell me you don't know any Zappa!)

HF3K,

A:-)

ms-teacher said...

without going into any lengthy detail, the fact that he got ticketed doesn't surprise me in the least. I went through something very similar and were it not for my husband, I might have actually served jail time!

Karen MEG said...

Gina, that's crazy! Thank goodness the judge saw some sense and that it was thrown out.
Hope Bob is still getting better everyday.

Ginaagain said...

Oh Anne! You would be shocked at the lyrics that float around my brain. I've been married to your brother for 21 years... he brought Joe's Garage for me to listen to on our third date. The fact that we had a fourth date proves that I am a truly sick woman.

Ms Teacher, yikes! Someday you will have to blog about that story. State troopers around here are not nice people. A friend of mine was pulled over a few weeks ago and was threatened with jail for a lapsed registration. The judge yesterday said some grumbly things about the patrol issuing tickets for every accidents.

Karen, He is healing but it's been slower than he likes. I'll probably have more to say tomorrow. He is going for xrays and an appointment with the neurosurgeon in the morning.

dkuroiwa said...

Wow. I'm amazed that all happened and that it turned out so well. How great for Bob (and everyone!) that it turned out in his favor...can't believe that someone would drive away from something like that, but...I guess there are "those kind of people" out there, huh?

Oh...and thank you (she typed a bit sarcastically), mention Arlo Guthrie and "City of New Orleans" gets in my head and I'm thinking it's going to be there for awhile....
"...and I'll be gone 500 miles 'til the day is done."

Cheri @ Blog This Mom! said...

Yay!

That is no small victory.

That is proof that impossible is nothing.

Jenn @ Juggling Life said...

Vindication is indeed sweet.

dsimple said...

Remember Arlo Guthrie?! Of course! Seen him in concert in Seattle at least three times (almost as much as Jimmy Buffett). ;-) Even helped interview him in the lobby of a local hotel after one of his shows ... he was sooooooooo ... um ... drunk? ... stoned? ... whatever it was, he was definitely wasted. LOL! I'm sure he had no memory of the interview the next day.

Laura/CenterDownHome said...

Hey Gina -- The car that hit Rob's car the other day didn't stop, either. It left some pieces behind, so I hope they find it. I just don't get that at all. Not stopping to check on the people you hit.

I'm so glad Bob's court case came out well -- what a relief! On to healing. Things are looking up!