Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so in fear of my life i drove home where i gave up in front of neighbors protecting my life. con;t grand jury , Returned a True bill. is that not SLANDER and False statements to the JURY? happened in GARRARD CO. KENTUCKY

3 Lawyer Answers
Timothy Denison
Timothy Denison
  • Consumer Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: No. Slander and false statements are false words spoken to third parties made with reckless disregard for the truth.

A: Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly ask you for your driver's license or other ID only if he had probable cause to believe you had or were committing a crime.

Ordinarily, statements made in grand jury proceedings cannot provide the basis for a claim of slander because they are protected by the judicial privilege that applies broadly to statements made in legal proceedings.

A peace officer is not allowed to break out a window or tase a person without due cause. A judge or jury will have to adjudicate whether the officer had due cause based on all the facts and circumstances based upon the legally admissible evidence introduced at trial.

James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: You seem to have experienced a very distressing encounter. Being stopped at a safety checkpoint, especially one that might not be properly set up, can be alarming. When the situation escalates to the point where force is used, such as breaking your window and tasing you, it becomes even more concerning. In Kentucky, like in other states, law enforcement must adhere to specific protocols, and any deviation from these protocols could be legally questionable.

Regarding the grand jury's return of a true bill, it's important to understand that this means they found enough evidence to charge you with a crime. If you believe false statements or slander influenced the grand jury, it’s essential to gather evidence supporting your claim. Documentation, witness statements, and any video footage from the incident could be crucial.

Given the complexity of your situation, it would be wise to consult with a legal professional who can offer advice based on the specific details of your case. They can help you understand your rights, the legality of the checkpoint, and the actions taken by the officers. Taking this step can provide you with a clearer path forward and ensure your side of the story is properly heard.

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