Try Fear by James Scott Bell Read Free Book Online Page A

under the influence, did you?”
    “Not at the time of the stop, no.”
    “In fact, it wasn’t until you had pulled him over and approached the car, and looked in the window, that you developed a suspicion
     of DUI, correct?”
    “Correct. That’s the way it usually happens.”
    “By the way, it is not illegal to drive without a shirt on, is it?”
    “No.”
    “Or wearing a Santa hat?”
    Caldwell smiled. “Not that I know of.”
    “So the only reason for the stop was for violation of the vehicle code, specifically the seat belt law.”
    “Right.”
    “Tell me, Officer Caldwell, how you could determine Mr. Richess wasn’t wearing a seat belt.”
    “It was pretty easy,” he said. “The defendant is rather large, and without a shirt on, I could see there was no strap going
     across his body.”
    “No shoulder strap?”
    “That’s right.”
    “And that’s when you decided to drop behind Mr. Richess and stop him.”
    “Yes.”
    “Thank you, Officer Caldwell. You’ve been most helpful this morning.”
    The officer frowned, as if confused. I looked over at Kimberly Pincus. Her face was impassive.
    “Do you have another witness?” Judge Solomon asked.
    “None, Your Honor,” said Pincus.
    “Mr. Buchanan?”
    “No witnesses, Your Honor. I’m ready to argue the motion.”
    “Well that’s nice,” Judge Solomon said. “I like it when someone is actually ready.”
    What I heard the judge saying was that Ms. Kimberly Pincus had not been ready on some previous occasion. The judge was rubbing
     it in.
    This was my moment.

23
    K IMBERLY P INCUS SAID , “Your Honor, it is manifestly clear that Officer Caldwell observed a vehicle code violation. He therefore had probable cause
     to effect a stop. No warrant required in this instance, of course. So all the evidence observed subsequent to the stop is
     admissible. Maybe Mr. Buchanan will want to talk about settling now.”
    “Excuse me, Your Honor,” I said. “But doesn’t Ms. Pincus know that I get to make an oral argument, too?”
    “She was rather jumping the gun,” Judge Solomon said. “Isn’t that right, Ms. Pincus?”
    The CDA said nothing. But I thought I saw steam rising. It was kind of cute.
    “All right, Mr. Buchanan,” said the judge. “You have my attention. I’m curious to hear what you have on your plate. As I recall,
     Ms. Pincus said she would be eating your lunch.”
    “With all the trimmings,” I said. “We are a nation of laws, Your Honor, and as such we believe that the laws passed by legislatures
     have meaning. The meaning is in the text itself. Where the text is clear and unambiguous, that is what we follow. If the legislature
     sees a need to change the text, they will. But we don’t do that on the trial level.”
    “Thank you for the civics lesson, Mr. Buchanan,” Judge Solomon said. “Is this going anywhere?”
    “Good question,” Kimberly Pincus said.
    “I’ll handle the argument, Ms. Pincus, thank you very much,” the judge said. “Mr. Buchanan?”
    “I quote, Your Honor, from the vehicle code, the exact text of the seat belt law: ‘A person may not operate a motor vehicle
     on a highway unless that person and all passengers sixteen years of age or over are properly restrained by a safety belt.’
     I emphasize the last word, Your Honor.
Belt.”
    Judge Solomon peered over her glasses. “Yes?”
    “Nowhere in the statute is the term
belt
defined by the legislature, thus leaving it to common sense and common understanding. A belt is a strap placed across one’s
     lap, keeping one’s rear end in contact with a seat.”
    Kimberly Pincus, sharp little tack that she was, stood up. “Your Honor,” she said. “I see where this is going. This is crazy,
     and—”
    “Ms. Pincus,” the judge said, “please sit down and do not speak again unless you have a valid objection. I want to hear Mr.
     Buchanan out. This is nothing if not creative.”
    “Does Your Honor have a dictionary handy?” I said.
    “Right