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15 Jun 2021 16:32:38 UTC
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Judge vs prosecutor | claimed perjury when officer ticked DUI level without breathalyzer!
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A Florida Judge: Hon. Schott laid into prosecutors and cited perjury for officer Wagner of Sanford police for checking a box on a citation that provided a blood alcohol level over 0.08. This created a suspended drivers license. However the officer didn’t have any probable cause to check that box since there was no breathalyzer indicating the BAL. The prosecutor stated it was a mistake.
That’s a very specific box, unless you have a breathalyzer you can not indicate how high or low it may be.
2015 case
https://courtrecords.seminoleclerk.org/criminal/crim_details.aspx?d=5S81tEHtCGz%2bzEqujIFcaA%3d%3d
2014 case
https://courtrecords.seminoleclerk.org/criminal/crim_details.aspx?d=zqkNyfOuhbb%2byqLz8O2pmA%3d%3d
Search more cases in Seminole county https://courtrecords.seminoleclerk.org/criminal/default.aspx
Update 2020: It appears judge Schott is back in criminal court. Here’s his calendar:
https://flcourts18.org/attorney-citizen-resources/calendars-scheduling/frederic-schott-docket-calendars/
Judge quotes:
“He admitted it was a mistake your honor,” said Miers.
“But he lied, he lied on a sworn citation,” said Schott.
“Absolutely not your honor, and that is, that is not true,” said Miers.
“I am dismissing -- I am dismissing this charge!” said Schott.
Officer Wagner testified during the DUI trial that a breath test wasn’t available at the jail when he booked Gonzales. But Seminole County Public Defender Blaise Trettis said that’s simply not the case.
"You know what? I'm rescinding the sentence and and granting a JOA," Schott said.
A JOA is a judgment of acquittal, which overruled the jury's guilty verdict. Schott then told the prosecutor to appeal his decision.
The content contained in the videos are opinions and all persons are innocent until proven guilty.
...
https://www.youtube.com/watch?v=qtq3zl6x71I
A Florida Judge: Hon. Schott laid into prosecutors and cited perjury for officer Wagner of Sanford police for checking a box on a citation that provided a blood alcohol level over 0.08. This created a suspended drivers license. However the officer didn’t have any probable cause to check that box since there was no breathalyzer indicating the BAL. The prosecutor stated it was a mistake.
That’s a very specific box, unless you have a breathalyzer you can not indicate how high or low it may be.
2015 case
https://courtrecords.seminoleclerk.org/criminal/crim_details.aspx?d=5S81tEHtCGz%2bzEqujIFcaA%3d%3d
2014 case
https://courtrecords.seminoleclerk.org/criminal/crim_details.aspx?d=zqkNyfOuhbb%2byqLz8O2pmA%3d%3d
Search more cases in Seminole county https://courtrecords.seminoleclerk.org/criminal/default.aspx
Update 2020: It appears judge Schott is back in criminal court. Here’s his calendar:
https://flcourts18.org/attorney-citizen-resources/calendars-scheduling/frederic-schott-docket-calendars/
Judge quotes:
“He admitted it was a mistake your honor,” said Miers.
“But he lied, he lied on a sworn citation,” said Schott.
“Absolutely not your honor, and that is, that is not true,” said Miers.
“I am dismissing -- I am dismissing this charge!” said Schott.
Officer Wagner testified during the DUI trial that a breath test wasn’t available at the jail when he booked Gonzales. But Seminole County Public Defender Blaise Trettis said that’s simply not the case.
"You know what? I'm rescinding the sentence and and granting a JOA," Schott said.
A JOA is a judgment of acquittal, which overruled the jury's guilty verdict. Schott then told the prosecutor to appeal his decision.
The content contained in the videos are opinions and all persons are innocent until proven guilty.
...
https://www.youtube.com/watch?v=qtq3zl6x71I
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